MINI SESSION CONTRACT
ENTIRE AGREEMENT: This agreement contains the entire understanding between Tanya Lau Photography (“PHOTOGRAPHER”), and the client (“CLIENT”). It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
SCOPE OF WORK: The parties agree that the PHOTOGRAPHER will furnish mini session photography services in the PHOTOGRAPHER’s home studio and the services are as itemized below:
- One 20 minute session
- Online Preview Gallery
- One High-resolution digital image
- Outfit planning
PHOTOGRAPHER agrees to provide no fewer than FIVE (5) photos for CLIENT to view after the SESSION. PHOTOGRAPHER is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the sole discretion of PHOTOGRAPHER.
FEE: Session Fee is $275. A $275 non-refundable retainer fee is due at time of booking.
CANCELLATION: Session cannot be canceled within 24 hour of your session. If you need to cancel a session, you can transfer the credit for a future session. No refunds is given. You can always transfer your session to another party and timely notify THE PHOTOGRAPHER of the transfer. In case of inclement weather, CLIENT and PHOTOGRAPHER will strive to agree on a re-shoot date.
LATE ARRIVAL: CLIENT and PHOTOGRAPHER agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. The session commences at the scheduled start time and ends at the scheduled end time. Any client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.
DOWNLOAD & ARCHIVE: All photos ordered and paid for will be available for download on an online gallery for FIFTEEN (15) days, after which date the photos may be downloaded for an additional retrival fee provided PHOTOGRAPHER still possesses the digital files of such photos. After three (3) months, all ordered 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 photos not ordered will be deleted to make room.
EDITING & ARTIST DISCRETION: PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary. Any further editing services (such as removing the blemishes or changing the appearances of the subjects) may be purchased. The final post production and editing styles, effects, and overall look of the images are left to the sole discretion of PHOTOGRAPHER. CLIENT may not alter in any way the final images delivered from PHOTOGRAPHER. PHOTOGRAPHER retains the right of discretion in selecting the photographic materials released to the client. PHOTOGRAPHER will not provide any unedited or raw files to CLIENT.
COPY RIGHTS: The photographs produced by PHOTOGRAPHER are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the PHOTOGRAPHER’s explicitly written permission. As the author of all images made hereunder and as provided for by law, PHOTOGRAPHER shall retain the copyrights in perpetuity, regardless of possession or ownership of negatives, photographs, digital files or any other format of reproductions. Upon delivery of the images to CLIENT, CLIENT will gain personal, non-commercial rights to the images, at which point the images can be used for personal printing or personal digital sharing. CLIENT may not use these images for commercial purposes, including but not limited to monetary or contest purposes.
FAILURE TO PERFORM: If PHOTOGRAPHER is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the PHOTOGRAPHER, the parties shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, PHOTOGRAPHER shall return the retainer to CLIENT and shall have no further liability. Further, if the PHOTOGRAPHER is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged data, PHOTOGRAPHER shall return the retainer to the client and shall have no further liability.
MODEL RELEASE: CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. In particular, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. CLIENT authorizes the use of the images without compensation to CLIENT. All negatives, prints, digital reproductions shall be the property of Tanya Lau Photography. CLIENT agrees that this release is irrevocable, worldwide and perpetual.