Maternity+Newborn

3 fam color.jpg
3 fam color.jpg

Maternity+Newborn

400.00

Receive a discount when scheduling both sessions together.  Session includes a maternity portrait session and a newborn session.  *newborn session must be used within one month of baby's birth.

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Contract for Photography Services 

Introduction Representation

This contract is entered into by the named client and the named photographer.  The purpose of doing so is to facilitate the performance of photography services for the client according to the agreed upon terms between both parties.  Both client and photographer are voluntarily entering into this agreement as described in this contract.  Further both client and photographer agree that this contract shall govern and outline all aspects of the agreement reached for the performance of photography services.  In consideration for the promises of payment by client and photography services by photographer the parties agree as follows.

Terms Defined 

·       Client: in this agreement client means the person(s), group, or entity that is having photography services performed by the named photographer.

·       Contract: in this agreement or document contract refers to the entirety of this written agreement.

·       Photographer: in this agreement photographer refers to the person performing the photography services.

·       Photography Service(s): in this agreement photography service(s) refers to type, style, and/or number of photographs taken by photographer as requested by the client and outlined in this contract.

·       Photography Service Product: in this agreement photography service product refers to the actual product or photograph(s) purchased or requested by the client.

·       Digital Proof: in this agreement digital proof refers to the proof of the photograph retained as a digital image. 

·       Photo Package: in this agreement photo package refers to the agreed upon services and products purchased by client as outlined in the selected preprinted package option or in the package as outlined in writing in this contract.

Photography Date, Time, and Fees

Client and photographer agree that in exchange for the agreed upon price, see below, photographer has agreed to perform photography services on the date and time indicated below.  Client fully understands that circumstances outside the photographer’s control such as, but not limited to, weather conditions or sickness could cause cancelation or the need for rescheduling of photography services.   Client agrees  that if the agreed upon photography services, date of services, and/or time of services are canceled, modified, or changed as a result of circumstances beyond photographer’s control photographer shall not be liable for any alleged damages or costs incurred by client as a result.  If photographer chooses to cancel for a reason within the photographer’s control the deposit received will be returned, but the client agrees that the photographer will not be liable for any alleged damages or costs incurred by the cancelation. 

Client understands that the desired date of performance will not be reserved until photographer agrees to perform photography services on that date and client pays the full agreed upon deposit amount.  Client agrees and understands that once paid the deposit fee will not be returned or refunded if the client cancels at 60 days from, or less, to the agreed upon photography service date, and is the agreement regardless of the reason for cancellation, unless photographer agrees otherwise in writing.  Client understands and agrees that if client wishes to move the agreed upon photography service date or time there is no guarantee or promise that the photographer can change the photography service date or time.  Client also agrees that the agreed upon photography services will not be performed if the agreed upon deposit is not paid in advance of the agreed upon photography service date. 

Client understands and agrees that the final photography service product will not be delivered to client until after the total photography service charge has been paid.  Delivery of the final photography service product will be made to client or his/her designee during the delivery date range indicated below.

Client Photography Assistance

Client agrees that client shall assist and cooperate with the photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the photographer’s direction; providing a person to guide the photographer to desired persons and/or scenes; pre-shoot consultations, etc. The photographer shall not be responsible for photographs not taken as a result of the client’s failure to provide reasonable assistance or cooperation.

Copyright

Client understands and agrees that photographer retains full and complete copyright in the photographs and digital proofs under Federal Copyright Law (all rights reserved).  Client may possess purchased photographs, may distribute purchased photographs to desired third parties, and may use purchased photographs for other personal purposes to include social media venues and advertising for the client.  Client may not copy purchased photographs, sell purchased photographs to third parties for the financial gain or advertising of the third party.  Any unpermitted sale or transfer of purchased photographs in violation of this section shall constitute a violation of copyright and a breach of this contract. 

 

Client understands and agrees to fully release and allow use of photographs taken by photographer of client or photographs taken pursuant to this contract and consents to photographer using photos taken to promote the photographer’s skill set via display, social media venues of any kinds, and for advertisements for Lavender and Grace Photography or for the named photographer. 

Client understands that all digital proofs may be purchased, and if purchased the digital proofs come with the following partial release.  Client may use purchased digital proofs for making prints of the picture(s) for personal use or for distribution to desired third parties, and may use purchased digital proofs for social media venues or for advertising of the client.  Client is not permitted to sell, transfer, or otherwise give the digital proof to a third person for the third person’s or anyone else’s financial gain or advertising.  If the client wishes to make such a transfer or sale doing so may be arranged by entering into a separate written contract with photographer and paying the agreed upon fee.  Any unpermitted sale or transfer of the digital proof in violation of this section shall constitute a violation of copyright and a breach of this contract. 

If photographer incurs costs, legal or otherwise, pursuing a violation of copyright or breach of this contract or any of its agreements the client understands and agrees that the client shall be fully liable for the costs photographer incurs in pursuing copyright infringement or a breach of contract, to include but not limited to attorney’s fees.

Merger Clause

Client and photographer agree and understand that this contract signed by both parties is a final written expression of all the terms of this agreement and is a complete and exclusive statement of those terms. 

Photography Services Package 

Client and photographer have reached an agreement for the performance of photography services by photographer and the sale of photography service product to client.  

Client understands and agrees that client has 60 days from the photography service date to order any and all photography service product(s) at package prices.  After 60 days the client may continue to order product(s), but the agreed upon package prices may no longer apply.

Photographer agrees to deliver digital proofs of photographs taken to client on a compact disc. Client wishing to exercise photography package pricing shall within 60 days, or less , provide photographer with a written list of the proof images from which final photographs are to be prepared, and specify the number and format(s) of the final photograph(s) to be delivered for each digital proof.  

Photography Service Product

Client understands that the final photography service product can be influenced by factors the photographer cannot control such as, but not limited to, lighting, weather conditions, and/or a person’s facial expressions.  Client agrees that should such outside factors influence the quality of the finished product the photographer will not be required to cure any such quality defect with the client by financial or any other kind of compensation. 

In the unlikely event that original digital proofs are lost or destroyed by electronic failure of the camera, computer, hard drive, or other failures outside the photographer’s control the client understands and agrees that the photographer’s liability is limited to return of paid fees.  Client understands and agrees that photographer is not liable in any other way for said electronic failure or any other damages alleged by client as a result. 

Behavior

Photographer agrees to act professionally at all times during the performance of photography services.  Client understands and agrees that photographer expects to at all times receive professional and courteous treatment during the performance of photography services.  If at any time during the performance of photography services photographer feels threatened, unsafe, or not treated professionally or with courtesy photographer may terminate the performance of photography services and leave immediately.  If for these stated reasons photographer chooses to terminate the performance of photography services client agrees and understands that photographer will keep any to date paid deposits or charges as damages.  Client also understands and agrees that photographer is not liable for any and all alleged damages resulting from the termination of services for the above stated reasons. 

Applicable Law

This contract shall be governed by the laws of the State of Idaho and venue for any litigation will be Canyon County Idaho.   Client waives all rights to diversity jurisdiction in federal courts and agrees and understands that any litigation will be filed and handled in Idaho with venue in the Canyon County courts.

Severability

Client and photographer understand and agree that if any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions continue to be valid and enforceable.  Further if a court finds that any provision of this contract is unenforceable, but that by limiting such provision it would become valid and enforceable then such provision shall be deemed to be written, construed, and enforced as so limited.

Amendment

Client and photographer agree that this contract may only be modified or amended in a writing that is signed by both named parties to this contract.

Notice

Client and photographer understand and agree to waive any statutory or formal procedural notice requirements and agree that any notice or communication required or permitted under this contract shall be sufficiently given if delivered in person or by certified mail to the address as provided in this contract.

Waiver of Contractual Right

Client and photographer understand and agree that the failure of either client or photographer to enforce any provision of this contract shall not be construed as a waiver of, or limitation of, that party’s right to subsequently enforce any and all remaining provisions of this contract.

Contract Enforcement

Client understands and agrees that if photographer incurs costs of any kind to include, but not limited to, legal fees enforcing the provisions of or breach of this contract then client shall be fully liable for reimbursing these costs to photographer.

Signatures of Contractual Agreement

This agreement is entered into this date as the voluntary act of both client and photographer.  Client by signing or checking the box below, this contract represents that client fully understands the terms of this contract and by signing this contract agrees to be bound by all the terms of this contract.  Photographer by signing this contract represents that photographer fully understands the terms of this contract and by signing this contract agrees to be bound by all the terms of this contract.