• Agreement Details

  • Photo Session Booking Upon agreement and/or payment, Photographer will reserve the time and date agreed upon by both parties. Subject will also treat the agreed upon time and date as binding. Photo Session itself includes the photographers time, talent, gear usage, and creation of images. Unless otherwise noted ALL products are sold separately including digital files.
    Payment for product orders shall be submitted to Photographer when order is placed. All sales are final. Prices listed DO NOT include sales tax, shipping and handling.
    Cancellation. If Client requests to amend or cancel this agreement 48 hours or more before the session date, the retainer shall be applied a mutually agreed upon reschedule date. If Client cancels this agreement less than 48 hours prior to the session date or fails to appear, the retainer shall be forfeited.
    Arrivals. The Client shall arrive at least fifteen (15) minutes prior to beginning of the agreed upon session start time. This will allow for the pet to become comfortable with the area. If the Client does not arrive on this time schedule, fifteen (15) minutes will be deducted from the session time to allow the pet to accommodate to the location and Photographer.
    Rescheduling. In the event that the Client requests to reschedule a session, the retainer shall be applied to a reschedules session if notice is given at least 48 hours prior to the scheduled event. Reschedule must be within 30 days.
    Subjects. The Client shall maintain control of all subjects, including human beings. It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the pet’s immediate area. The Client shall cooperate and follow the directions of the Photographer during the course of the session. Failure to cooperate will result in termination of the session and forfeiture of retainer.
    Release of Liability and Publication. While Photographer will endeavor to ensure a safe and professional Photographic session, some circumstances are outside the control of the Photographer. Client agrees that the Photographer shall be held harmless for any and all injury to client or pet during the course of the photography session and the immediately surrounding events. Further, Client grants to Photographer the absolute and unconditional worldwide right without right to further payment to use, transmit, display, sell, license, and publish photographs of the Client’s pet.
    Circumstances. If the Photographer is unable to perform the session due to pet’s disposition, condition, or circumstances listed within this contract, the Client shall be allowed to reschedule at Photographer’s discretion. The Photographer shall attempt to resolve any circumstances not to exceed fifteen (15) minutes in length. Rescheduling shall occur within 60 days from the original session.
    Accidental Waste. The Client shall make every effort to clean up after the animal for any accidental waste that occurs prior to, during and after the session. Client is responsible for bringing appropriate clean-up materials to the session.
    Completion Schedule. Prints generally take a minimum of 2 weeks from time of print order (and full payment) to be processed and delivered to Client. Albums can take several weeks to months to design and produce. Client should place order with enough time to allow for normal processing. Photographer shall not be held responsible for delivery delays.
    Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Photographer shall provide a number of images to Client to choose from, depending on length and scope of session.
    Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make proofs available through an in-person ordering session. If the Client insists on an additional Ordering Session an additional fee shall apply. No prints or negatives will be released in any form until the agreed upon amount is paid in full. All sales are final.
    Copyright and Reproductions. The Photographer shall retain ownership of the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. 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.
    Client’s Usage. The Client shall only use the 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 used in any other manner, including but not limited to, submitting to contests, reproducing for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release. Client shall not amend the files in anyways. Amendments include but are not limited to cropping, reediting, and applying filters.
    Social Media. The Client may share blog post links and Facebook or Instagram shares 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.
    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.
    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. No refunds or credits shall be made retroactively.
    Indemnification. The Photographer shall be held harmless for any and all injury to Client, Client’s pet and Client’s property during the course of the photography session and the immediately surrounding events.
    Model Release. In exchange for consideration received, I hereby give permission to use my name and photographic likeness and information shared in all forms and media for advertising, trade, and any other lawful purposes.