Session fee: Session fee is due at time of booking along with this signed agreement and reserves the Client's session date. The session fee may be paid by credit card, cash or personal check. The session fee must be received in full in order to secure/schedule the session date. Session fee's and deposits are nonrefundable.
Session requests: *No cameras/camcorders are allowed during the session unless prior written agreement has been made. *Only the subject(s) of the session and their parent(s) and/or guardians should be present at the session. *Please arrive 5-10 min early to your allotted session time. Arriving late may result in fewer images due to shortened timeframe. *A Portrait Agreement and Model Release must be signed (Electronically) before the session. Unsigned Portrait Agreement means no photo session.
Rescheduling: 24 hour's notice before the session is needed if Client would like to reschedule. The session fee will be held and applied to the rescheduled session. Only one reschedule is allowed. Any cost for the location will be paid for by Client and will be agreed upon prior to session should one be incurred. Photographer maintains the right to reschedule if needed due to inclement weather, illness, emergency etc.
Reshoots: Reshoots are determined at the discretion of the Photographer. In the unlikely event that the Client is completely dissatisfied with the final results based solely on personal preference, Photographer will re shoot at a 25% discount from the original session fee. Client is then able to order prints from the second portrait session only. In the unlikely event that the finished product from a portrait session is unusable due to a technical problem (camera problems or exposure problems), Photographer will reshoot at no additional charge.
Cooperation/No Shows: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled session the session fee is non-refundable. Client is responsible for contacting photographer immediately after baby’s birth. Newborn sessions are then scheduled when baby is 6-9 days old not to exceed 2 weeks of age. If client fails to contact photographer after baby is born and 3 weeks have passes since your due date your newborn session will be cancelled and the session fee not refunded. Unless the situation was due to a health emergency and the family was unable to contact the photographer via phone, text or email the photographer is not able to work with client for any future sessions.
Weather: 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 with no additional charge.
Limit of Liability: Photographer takes 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 with or beyond the 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 the 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 a reschedule is not possible, responsibility and liability is limited to the return of all payment received.
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. Client acknowledges that given the nature of the photography session, the room and area may be crowded with props and other studio and photography equipment necessary for the session to run smoothly. Therefore, extreme care is required from all session attendees at all times while visiting the session location or premises. The room and area is NOT child proof or safe and all minors must be well attended by their guardian at ALL times. Client assumes all responsibility for his or her own personal safety and well-being. clothing or property, as well as for the personal safety and well being, clothing or property of any minors in their care, family members or guests that the clients brings to or invites to attend their photography session with the photographer. This includes all instances or visits on the photographer’s studio premises and any other shooting location where the clients portrait session may take place with the photographer’s services, for any and including all instances and visits related to the photographer’s portrait services. Under no circumstances can the photographer be held liable for any personal accident or injury, or loss or damage of property or clothing, resulting during a visit on the portrait location premises, regarding portrait services. Photographer does not guarantee a certain or set number of images. Photographer has set a general number of images, which is outlined in the purchased product’s description, and has been given to the client before booking. However this general number is not guaranteed and is dependent on the subjects photographed. Some sessions may receive more or less images then others.
Post-Session Sneak Peaks: Client understands and acknowledges that post session sneak peeks posted to any social media outlet ( including but not limited to Facebook, Website, Blog, or Instagram ) are a courtesy of Bare Baby Photography clients. They are not to be re-edited, cropped or printed in any way, shape or form. Instagram filters or any other smart phone or any other editing applications are to not, under any circumstances, be placed over a BBP social media sneak peek and reposted.
Photographer/Client Relationship: Bare Baby Photography reserves the right to refuse or cancel service at any time where such a Client/Photographer or a potential Client/ potential Photographer relationship is deemed by photographer to be irreconcilable. Including instances but not limited to; client must be respectful of Photographers person, Photographers studio and area, belongings, and equipment at all times. All sessions that the Photographer is hired to shoot, the Photographer is in complete creative control of any and all sessions. Client agrees to allow Photographer all creative design and leading in the session styling as was hired to do so as a artist. Failure to do so will result in immediate cancellation of the session and possible future sessions with the Photographer.
Indemnification: Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.
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 $400.00. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
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. This Agreement shall be governed by the laws of the State of Ohio.
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.
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.
Copyright & Penalties: The Photographer has full copyright ownership to any photographs she captures. All images are protected under Federal Copyright Law and remain the Copyright of the Photographer. It is illegal to scan, copy, download, print, modify, reproduce or otherwise steal any images created by Photographer unless given written consent in the form of a Copyright Release. This applies to images posted in a private online gallery, Blog, Facebook or Hard Copy images. If you purchase digital files, you will be given permission to print the files for your personal use only.
Model Release: The Model Release form assigns and grants The Photographer the right to use and publish photographs of the Client to be included in editorial, trade, advertising or any other medium. It is agreed that the Photographer may use and publish the photographs taken for advertising, display, website and internet promotion, photographic contests, public displays such as malls, store fronts, window displays, studio displays, television advertising, magazine advertising and any other purpose thought proper by the Photographer.
Sessions: Outdoor sessions occur at a decided location and usually last between 45 min- 1hour approximately 1-2 hours before sunset. Indoor milestone sessions are usually scheduled in the morning, weekdays only. A newborn session may last up to 3 hours. Newborn sessions are scheduled weekdays only early in the morning, usually around 9:00 - 9:30 or in the afternoon 12. A sample of available products may be brought to your session for you to see and touch before you order.
Ordering: A gallery of 30-40 images from any full newborn studio session will be posted within 1-4 weeks from your completed photo session. A collection for newborn and baby sessions must be chosen and paid for after completing the session. A collection for outdoor family sessions should be selected prior to the session or in person or on the phone with the photographer following the session. Bare Baby Photography will then provide clients with a promo code to place orders via an online gallery system. If possible, items should be chosen within 2 weeks after viewing the gallery but no more than 30 days. Orders placed after 30 days from the session are subject to turnaround times up to 4 additional weeks. Galleries will remain posted online and remaining viewable for at least 3 months. Orders can be placed within the gallery or directly to the photographer via email. Due to the nature of the products I offer, returns and refunds are not accepted or applied to future sessions. In the interest of fairness to all of our clients, we are unable to offer special deals or discounts except for those that may run occasionally as promotions. For this reason, please understand that session fees, print prices and business policies are non-negotiable.
Payments: Payments are accepted are check, cash or credit. All sales are subject to OH Sales Tax. Once the order is received, you will be contacted by Bare Baby Photography with a final invoice including shipping costs and any applicable sales tax. Shipping cost ranges from $7 - $15 depending on your order total. A collection order is required.
Turnaround & Delivery: Photographer intends to have images completed and ready for Client receipt within One - Four Weeks from Date of Session, although this turn around time may become extended depending on Photographer’s current workload. Photographer will make every reasonable effort to meet this goal. However, Client agrees that Photographer is not to be contractually bound to complete all work by this date and time, unless Photographer explicitly states otherwise in a signed contract writing. Please allow up to four weeks to receive prints and canvases and up to 8 weeks to receive photo blocks after your order is placed. Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client.
Credits: Gift certificates, special offers and other credits are non-transferable and are not redeemable for cash. By checking the following box, you are stating that you have read and understood the information in this agreement. *
MODEL RELEASE: I hearby release and consent that photographs taken of me by the Photographer may be used by Bare Baby Photography for the purpose of display, advertising, portfolio and website development. I acknowledge that by signing this form that I agree that I have no rights to the images and all rights to the images belong to the Photographer and assigns. Client acknowledges and agrees that they have no further right to additional consideration or accounting and that they will make no further claim to any reason to Photographer and/or assigns. Client acknowledges and agrees that this release is binding upon their heirs and assigns.