Family Film Session Contract
A. Entire Agreement
This agreement contains the entire understanding between Jessica Worland Photography and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
B. Session Fees
Client agrees to pay photographer in full at time of booking. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer and an online gallery with all edited photographs. Online gallery will be available for viewing/sharing/downloading within 4 weeks of session date and includes print release. Additional prints or digital images are available for purchase.
C. 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 25 miles of Bloomington, IL. Any location outside of these limits will be subject to an additional charge of $.50/mile as part of the agreement.
If illness or injury prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the session, the fee is forfeited and will not be refunded. Rescheduling due to inclement weather is at the sole discretion of the photographer. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control. In the case of a complication from delivery interferes with a Fresh 48 session, the payment will be credited to a future newborn photo session at the client's home.
E. Re-shoots / Refunds
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds 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. Due to the custom nature of the services being provided, there are no refunds or returns.
After six (6) months, all 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.
All payments are due in full unless other payment arrangements have been made in writing. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.
Photographer is not responsible for the damage of portraits or downloads after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt. Client acknowledges the photographer has counseled them on the importance of backing up all data/images from their session in multiple locations.
I. Model Release
I hereby give to Jessica Worland 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 films or 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 film or photographs, including any and all claims for libel and invasion of privacy.
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.
K. Copyright & Penalty
Jessica Worland Photography retains all copyrights to all video files and images created during client’s session. A print release is made available 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 film or 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 film or image created by Jessica Worland 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.