WHEN BOOKING WITH RACHEL SMITH PHOTOGRAPHY- CLIENT AGREES TO ALL TERMS OF THIS CONTRACT:
A. Session Fees
Client agrees to pay the full session fee to the photographer at the time of booking to secure their appointment date and time. This is a non-refundable session fee to cover the cost of your session. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer.
Additional editing is available at additional expense to be determined by photographer.
B. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel within Baldwin County, Alabama. Any location outside of these limits will be subject to an additional travel charge and may be quoted upon request.
C. Rescheduling
If an illness or personal situation prevents a session from taking place, client may reschedule their session at least 24 hours (twenty-four) hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control and will notify the client as soon as possible shall these unforseen circumstances arise.
D. Re-shoots / Refunds
Re-shoots are determined only at the discretion of the photographer.
Re-shoots will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer. Re-shoots will not be given due to children's unwillingness to participate in the session.
Refunds for session fees will not be given.
IF the client gives appropraite notification as outlined above, the client may reschedule the session and apply the session fee to a new session with Rachel Smith Photography within 1 (one) year of the original session date.
E. Archive
All original images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control. Client will have access to the images in their online gallery to download for a period of 3 (three) months from the date of the session.
F. Payment
All payments are due in full at the time of booking unless other payment arrangements have been made with the photographer PRIOR to scheduling. Invoices must be paid within 24 hours ( twenty-four) hours of booking or appointment dates will not be held. Orders will not be processed until payment in full is received for any product orders.
G. Damage
Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.
H. Model Release:
I hereby give to Rachel Smith/Rachel Smith Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
I. Liability
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
J. Copyright & Penalty
Rachel Smith/Rachel Smith Photography retains all copyrights to all images created during client’s session. A print release will be included with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Rachel Smith Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
Note from photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not place filters of any kind on them, crop them, or otherwise alter my images in any way.
K. Session Requests
*No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session. *This includes parents/family members that are not a part of the session attending the session for the sole purpose of taking photos while the photographer is attempting to shoot a session. IF this is an issue, the photographer will end the session immeditatly and any additional session time remaining from that point will be forefitted. It is the client's responsibility to make sure that anyone that is attending the session is aware of these requirements.
*Session starts at the agreed upon time. It is strongly encouraged that client arrives 10 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins.
*Please do not bring any children not being photographed to the session.
*Please make sure hair is combed and face is clean and free of runny noses or eyes.
*Please avoid eating or drinking red or orange food or drinks before session, as red and orange tend to leave a stain on the face.
L. Prints
Prints in various sizes will be made available for the client to purchse at an additional fee, however print purchases are not required. Photographer is not responsible for errors made by client when ordering prints such as overlooking crop lines while ordering. If you have questions about prints, they should be addressed with photographer PRIOR to any orders being placed.
*Please allow up to 3 weeks for delivery of canvas print orders.
M. Delivery of portraits
Client will recieve the agreed upon number of high-resolution digital images delivered to them in a private online gallery. The client will have access to download the portraits from their gallery as well as share with friends and family. Gallery links and passwords will be seny to client within three (3) weeks following the date of the session. Photographer will make every effort to deliver galleries sooner if possible.
N. RAW or Unedited Files
Under NO circumstance will photographer deliver RAW or uneditied files to a client. The photographer will carefully review EACH image captured from client's session and select only the best images to hand edit and include in the client's final gallery.