Photography Agreement

Visit my Senior Session FAQ page for more information.

THANK YOU FOR RESERVING A SESSION WITH MARY RICHARDS PHOTOGRAPHY!  I WANT YOU TO HAVE A WONDERFUL EXPERIENCE AND TO TREASURE YOUR IMAGES FOR YEARS TO COME. THE SESSION AGREEMENT IS PUT INTO PLACE SO YOU KNOW EXACTLY WHAT A SESSION WITH ME ENTAILS, AND TO ENSURE THAT I AM ABLE TO DELIVER ON YOUR EXPECTATIONS. PLEASE READ ALL INFORMATION CAREFULLY, PRINT A COPY FOR YOUR RECORDS, AND THEN PROVIDE YOUR DIGITAL SIGNATURE. IF YOU HAVE ANY QUESTIONS PLEASE LET ME KNOW BEFORE THE SESSION. THANKS, AND I LOOK FORWARD TO WORKING WITH YOU!

OVERALL TERMS AND CONDITIONS

1. It is understood that The Photographer is the exclusive official photographer retained to perform the photographic services requested on this Contract.

2. No part of any order, including previews, will be delivered until the balance is paid in full.

3. Upon signature, the Studio/Photographer shall reserve the time and date agreed upon. If the photographer cannot perform this contract due to a fire or other casualty, strike, act of God, or other cause beyond the control of the photographer, or due to the photographer’s illness, then the photographer shall reschedule the portrait session.  In case of illness or cause beyond the control of the client, with reasonable notice, the session can be rescheduled without an additional booking fee.

4. The session fee (+5.5% WI tax) is due upon arrival at the session.  This fee covers the time and talent of photographer, location scouting, reviewing photos from your session to find the best proofs for you, and image hosting on a password-protected gallery site.  Editing fee (+5.5% WI tax) is for time and talent regarding basic retouching and creative editing of images (as determined by the photographer), finalizing the online gallery, and the final disk or flash drive.  You will receive an invoice for the editing fee, which is due within 7 days.  Editing of your selected images will begin once payment is received.  Time incurred for all of the above averages 6+ hours per session. (NOTE:  Senior sessions include the editing fee for a certain amount of images.  Editing fee applies to additional images.)

5. The photographer works on-location. A session can be at your home, your favorite local park, or any other indoor or outdoor venue.  Please be aware that outdoor sessions may need to be rescheduled in the event of inclement weather.  If a permit is required to conduct a session in a client’s desired location, the client will be responsible for obtaining the permit and any costs involved.  Locations that require 30 minutes drive from Janesville, WI (53546) are subject to a travel fee.  Please contact Mary Richards Photography for an exact quote, but expect a minimum of $10.00. 

6. 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. 

7.  After approximately one week, the photographer will deliver (via email or web gallery) a selection of proofs.    The client agrees to give their selections to the photographer within 2 weeks in order for the photographer to begin the process of editing the photos. Delay on the client's part will delay final delivery, depending on other sessions being edited in the same time frame.  The date a session occurs does not guarantee that edits will be done earlier than other clients if selections are not communicated in a timely way. 

8. Although many images are captured during your session, you will see proofs for only those images selected by the photographer for previewing.  Images with eyes closed, heads turned, duplicates, etc. will not be shown and are removed from archives permanently.  IMPORTANT: Proofs not selected for editing will be deleted.  Unedited images will not be available or offered for purchase.  It is important to me that I only deliver the perfected, beautiful, portfolio quality work that I am known for. 

9. Should you not be satisfied with the proofs shown after a session, please call the photographer to discuss your concerns. The Photographer strives to provide you with images you will adore for years and years to come, and your satisfaction matters. However, if the subjects being photographed were uncooperative (or unhappy, hungry, cold, etc), despite the photographer's attempts to relax or have fun, a re-shoot session fee will be assessed.  This is also the case should you not see the photos you were hoping for but did not discuss your vision ahead of time or speak up at the session.  Having a re-shoot will be at the photographer’s discretion.  Reshoots and refunds are not offered for poor choices in makeup, clothing, or by not following the recommendations of the photographer.

10.   All final images include basic retouching, which include adjusting color tones, the removal of minor blemishes, small spots or scratches, small bruises, or single stray hairs.  Other requests, such as removal of an object in the background, braces removal, teeth whitening, head swapping, adding text to the image, will be taken into consideration but not guaranteed based on the photographer's artistic vision.  An additional fee may apply for the additional work.  Any specific requests for editing and/or vintage or black and white effects must be requested at the time of proof selection.  

11. Images the client has selected will be available approximately 3 weeks after proof choices have been communicated (if within the two weeks following the session), and will be presented to the client in a private online gallery and shopping cart that can be shared with friends and family. The gallery of final edits will be live for 90 days and orders should be placed in this timeframe. Printing takes 2-3 business days in production then 2-3 business days for delivery. If the order is not placed during this time, there is a $35 gallery reloading fee for an additional 14 days. 

12.  All purchases made through mrichardsphoto.shootproof.com become a contract between the Client and ShootProof. Mary Richards Photography holds no responsibility in these transactions. Photographer is available for consultation with ordering process, if desired. The Photographer is not responsible for the delay of delivery or damage of portraits after delivery to client, including damage caused during transit by the carrier. Client assumes all responsibility for the safety of all portraits upon receipt.

12. The Photographer agrees to keep all negatives and/or digital files ordered from your initial order for a period of one year from the session date. However, all unordered images will expire on the ordering website after 90 days. 

13. The photographer is not responsible for the quality of the prints produced if the client chooses to print photos with a company not associated with the ordering website. Many consumer image printing companies do not offer the cropping, resizing, and color correcting capabilities that professional labs do.  Photo paper varies by printer, as well. See some examples here.

14. Clients are encouraged to order professional prints from the session; however, digital downloads of final images from the gallery are allowed with a personal pin number (provided after edits are complete), and the Photographer will provide the digital images on disk or flash drive.  At the time of delivery of the digital files, the Client(s) have the duty to inspect the digital photographs, CD’s DVD’s, etc. for color and quality defects. Within 14 (fourteen) days of the delivery, the Client(s) must give the photographer written notice (e-mail accepted) of the evidence of such defects or all rights to claim damage and/or repairs are deemed forfeited. 

A WORD ABOUT COPYRIGHT:

Copyright is protected by the Federal Copyright Law. It is unlawful to copy or scan any images without permission of the photographer. Even though the pictures may be of you or your child, the photographer still owns the copyright to the image. In order to control the quality of the work produced, the photographer is the only one who can crop or modify any image produced at this photo session.  Clients should not re-edit and/or add effects to the work of the Photographer.  Mary Richards Photography retains the copyright and ownership of all images of the photo session and reserves the right to reproduce images for portfolio, studio display, gallery display, website, self-promotion, photo contests, etc. Clients are not allowed to use the images for advertising, or reproduce or sell any images produced by the photographer for any purpose without written consent. The print release is for printing rights only,  for personal use, and not to transfer ownership of the copyright. In addition, no other camera equipment other than the photographer’s is allowed in the photo session without consent. 

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 the images, and I include a sneak-peek for that very reason. However, I ask that if you are posting an edited photo on social media,  including Facebook, Twitter, Instagram, and Pinterest, that you simply include a link to my blog/website/facebook page instead of right-clicking/downloading, saving, and sharing the image via your own page. Unedited proofs are not to be shared on social media, as they are not a true representation of the beautiful images that I will create for you.  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 give credit to the Photographer and do not steal them.

MODEL RELEASE

I hereby consent that my name and the photographs taken and presented by Mary Richards Photography may be used by the studio for the purpose of display, portfolio, advertising, website or any publication to promote her studio or name. I also agree that the images can be used without additional compensation to the undersigned. I am of full age and have the right to contract in my own name. I have read this model release and fully understand the contents thereof. This release shall be binding upon me and my heirs, legal representatives, and assigns. I have legal authority to grant these permissions and I accept all responsibility for such. 

By signing this portrait agreement you are agreeing that you have fully read and understood the above. I have read and understand this agreement, including the terms and conditions, and agree to abide by them.

This agreement was updated on June 6, 2015