First things first: THANK YOU for choosing me for your senior portraits! It's an honor to be with you for such a turning point in your life. I hope that your experience with True Light Portraits leaves you feeling confident, beautiful, and ready to take on the world! You deserve it!
AGREEMENT TERMS & CONDITIONS
The contract is between the Photographer and the Client as detailed below: True Light Portraits by Julianne Milne (referred to hereafter as "Photographer") The Client agrees that he/she is responsible for all parties involved with the agreed upon photo session. If there is an individual involved in the photo session who does not agree to the terms of this agreement the Client assumes responsibility for any liability.
The Photographer is responsible for providing the Client a photographic service as detailed in this Agreement. The Client undertakes to engage the Photographer for this coverage for the price as detailed below.
PAYMENT ARRANGEMENT: The Client will pay the Photographer the total session fee specified. The non-refundable session fee is due at the time of booking to reserve your preferred date.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/ agreement by Client, the session fees paid are non-refundable. Session fees are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is appreciated. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during photo sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, and hinders Photographer’s ability to obtain quality shots. Behind the scenes phone photos are allowed. The session can be rescheduled at the original session retainer.
RESHOOTS: In the unlikely event that Client is completely dissatisfied with the final results, Photographer will reshoot the session at no additional charge one time. Client is then able to order prints from the second portrait session only.
TRAVEL: Locations within a 30 mile radius of Livingston, Louisiana will not require a travel fee. Locations beyond a 30 mile radius of Livingston, Louisiana will be assessed a $100 travel fee (up to 50 miles). Locations beyond 50 miles of Livingston, LA will be discussed between Client and Photographer.
PREMIER ORDERING SESSION/ SESSION PROOFS: All sessions include Premier Ordering session which will occur approximately 2 weeks after the session. This appointment is set when the processing of the images has been completed. This session is to choose your images and place your print order. All decision makers must attend. This is the only time to view all edited images. Additional Ordering Sessions will incur an additional fee of $150.
PRINT AND PRODUCT RETAINERS: Prints and products are available either individually or in collections. All prints include standard retouching. Prints and products are generally delivered two to four weeks after Client’s print order has been paid in full (Some items may take longer due to lab production). All print fees are subject to Louisiana 9% sales tax.
PRINT/ORDER CREDIT: Any and all print credit or pre-session purchase of packages or products are not redeemable for cash.
IMAGE STORAGE: Images will remain on file for one year from the date of the portrait session. It is highly recommended that Client backs up any digital images on another media format other than the USB and/or DVD. Photographer cannot be held responsible for the failure of USB and/or DVD due to mishandling. It is Client’s responsibility to keep several copies of any CDs/DVDs in more than one location, and back the images up on another format such as a hard drive. Once the images are in the hands of the client, it is the client’s responsibility to save the images.
RETOUCHING: Standard retouching includes light blemish and stray hair removal. Complex retouching will be sent to a professional retoucher, whose fees will be covered by Client. Photographer has the right to refuse any requested edits to the images. Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards.
PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of True Light Portraits by Julianne Milne ("Photographer"). In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client. The RAW/unedited images remain sole property of Photographer and will never be given or sold.
The Copyright Act protects photographers by giving the creator of the photograph the exclusive rights to copy, edit and distribute the image by sale or transfer. These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital media without the photographer’s permission. Violators of this Federal Law will be subject to its civil and criminal penalties.
The images that are being provided to you are licensed to you for any reason personal, including but not limited to: printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. Photographer may revoke this license at any time and for any reason. Photographer retains all copyrights to the images and derivative works thereof.
If you are posting any of the digital files to social media (Facebook, Twitter, Pinterest, Instagram etc.) OR if you share or use any digital files from either Facebook or my website, you may not alter the image in any way - no words or filters added.
LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related retainers will be added on to the final balance and will be paid in full by Client prior to the Premier Ordering Session. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total retainers outlined in this Contract.
INDEPENDENT CONTRACTOR: This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with True Light Portraits by Julianne Milne.