Masthead header

Newborn Contract

NEWBORN PORTRAIT 

PHOTOGRAPHY CONTRACT

Client InformationpastedGraphic.png

 

 

 

 

NEWBORN PORTRAIT PHOTOGRAPHY CONTRACT

 

Photographer:Client:

Julie Bradley_____________________________

203 McChain Rd._____________________________

Finleyville, PA 15332_____________________________

 

This agreement is between the Client, whose name and address is listed above, and Julie Bradley of Tiny Bean Photography LLC.

 

 

  1. Retainer and Payment.  The Client shall make a non-refundable retainer to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties.  Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the photographer and in consideration of the inability of the photographer to schedule other clients during this time.

 

Payment for product orders shall be submitted to Photographer within 30 days of gallery delivery, whether via online proofing service or in-person viewing.

 

Any payment plan agreements agreed to by Photographer and Client shall be included as an addendum to this agreement.  A late payment fee of $50 shall be applied to the late payment amount in accordance with the payment plan agreement.  No products shall be delivered until the entire amount is paid in full.

 

All sales are final.  Prices listed on the site include sales tax, shipping and handling.

 

  1. Cancellation.  If Client requests to amend or cancel this agreement 7 or more calendar days before the agreed upon photographic event date, the retainer shall be applied a mutually agreed upon reschedule date.  If Client cancels, or fails to show, this agreement 6 or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited.

 

 

  1. Rescheduling/ Late Arrivals.  In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 2 days prior to the schedule event.  Reschedule must be within the same calendar year.  Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event.  Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.

 

  1. Preparation. The Client shall not feed the baby a full feeding for two hours before the session and shall keep the baby awake for one or more hours before the session.  Baby shall be fed immediately at the beginning of the session or immediately before leaving to get to studio.  The baby must be dressed in loose fitting clothing for ease of changes for portraits.  The Client shall bring at least two bottles for feeding or supplies for nursing.  If a pacifier or soother is required, the Client shall supply those items.

 

  1. Subjects.  The Client shall maintain control of other subjects including siblings.  It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the baby’s immediate area.  The Client shall provide all necessary controls over additional subjects.

 

  1. Circumstances. If the Photographer is unable to perform the session due to baby’s disposition, condition, or circumstances listed within this contract, the Client shall be allowed to reschedule at Photographer’s discretion.

 

  1. Completion Schedule.  Completion schedules and delivery of products shall be determined from date of final approval by Client.  Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this agreement.

 

  • Prints shall take 2 weeks from time of print order to be processed and delivered to Client.
  • Albums shall take 4 weeks from date of final design approval by Client to be received by the Photographer.
  • Canvases, gallery blocks, metal prints,  and other printed items will take 4 weeks from date of final design approval by Client to be received by the Photographer.

 

Client should place orders with sufficient time to allow for normal delays and notify Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around.  An expedited fee of $35 shall be applied to expedited product requests.  The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

 

  1. Artistic Rights.  The Photographer retains the right of discretion in selecting the photographic materials released to the client.   The Client shall receive a gallery of 20-40 photographs to select from and shall not receive any photographic materials not presented to the Client.

 

  1. Photographic Materials.  All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.   All orders must be placed within the outlined schedules within this agreement.   No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement.

 

In the event the Photographer delivers the gallery via an in-person ordering consultation The Photographer shall make gallery proofs available through an agreed upon in-person product consultation.  These proofs shall be available for viewing by the Client within  2 weeks of the photographic event.  All orders shall be placed during the in-person consultation.  The Client shall receive a 10% discount for orders placed during the in-person ordering consultation.  Orders after the close of the in-person product consultations are subject to the Photographer’s standard price list at the time of this agreement.

In the event the Photographer delivers the gallery via electronic medium The Photographer shall make gallery proofs available through an online gallery proofing website.  These proofs shall be available to the Client within 14 days of the photographic event.  If an online proofing gallery delivered, it shall remain open for 30 days from delivery.  If the Client requests to extend the time or reopen the online proofing gallery, a $50 un-archival fee shall apply.

 

  1. Copyright and Reproductions. The Photographer shall own the copyright in all images created.  It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.  Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.

 

The Photographer does not provide the Client permission to resize photographs for Internet-based usage.

 

  1. Client Usage.  The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this agreement.  The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use. Further, the Client shall not authorize reproductions by non-purchasers covered within this agreement.  Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client.  Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.

 

  1. Social Media.  The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links.  Client shall not copy, download, screen shot, or capture the photographs in any other fashion.  When uploading to a Facebook Social Media profile, the Client shall “tag” the Photographer’s business page in the album of the uploaded files.

 

  1. Failure to Perform.  If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability.   Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited to returning any retainer paid.

 

  1. Substitute Photographer.  The Photographer reserves the right to substitute with another photographer.  The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement.  The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

 

  1. Photographer’s Standard Price List.  The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

 

16. Arbitration.  Any controversy or claim arising out of or relating to this contract, or

the breach thereof, shall be settled by arbitration, administered in accordance with

the Commercial Arbitration Rules of the American Arbitration Association,

administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s

office and the arbitration award may be entered for judgment in any court having

jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to

arbitrate when the dispute is for a sum less than $200.   In no event shall an award

in an arbitration initiated under this clause exceed the contracted price of the

controversy in dispute.

 

  1. Indemnification. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.

 

  1. Miscellany. This Agreement incorporates the entire understanding of the parties.  Any modifications of this Agreement must be in writing and signed by both parties.  Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.  The laws of the State of Pennsylvania shall govern this Agreement.

 

  1. Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.

 

  1. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

 

  1. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

 

 

_________________________________ _________________________________
Photographer’s Signature: Client’s Signature:

 

__________________________________________________________________

Your email is never published or shared. Required fields are marked *

*

*

Share on FacebookPin on Pinterest69,109,97,105,108,32,77,101,33!eM liamE