This agreement is between the Client, whose name and address is filled above, and the Photographer – Petra Blacklock, based at 63 Dundonald Drive, Leigh on Sea, Essex SS9 1NA .
1. Payment. Full payment is required at the time of ordering. A deposit is payable on the day of booking to secure client’s reservation.
2. Cancellation. If Client requests to cancel this agreement, they must contact the Photographer 7 days prior to the session date otherwise a deposit is non-refundable. If Client refuses to sign this agreement, or fails to show, they forfeit their reservation and the Photographer is in no way liable. Client understands and agrees that Photographer will not book other sessions during this time.
3. Rescheduling / Late Arrivals.
In the event that the Client requests to reschedule a session for any reason, if 48 hours prior to the session date, the Photographer will make it a priority to reschedule the session within the same week if available. Reschedule must be within 3 months of original booking. If Client is unable to contact the Photographer 48 hours prior to the session date, the session will lose priority in it’s rescheduling. If Client fails to contact Photographer or reply to Photographer’s requests to reschedule their original booking within 7 days of their request to reschedule, Photographer is not liable to reschedule and booking fee is non-refundable.
Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session. Client understands and agrees that Photographer will give fair warning if lateness happens that Photographer will leave the session location at any given time if Client does not contact Photographer.
4. Artistic Rights and Photographic Materials.
The Photographer retains the right of discretion in selecting the photographic materials released to the Client. All photographic materials, including but not limited to proofs and previews, shall be the exclusive property of the Photographer. The Photographer shall make this session available through an online gallery website or at personal viewing appointment. This gallery shall be available to the Client within 2-5 weeks of the session date. Client understands and agrees that Photographer will have the right to delete an online gallery after Client successfully downloads the gallery at any time.
5. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, advertising, portfolio entries, sample products, or for display within or on the Photographer’s website and other social media unless Client requests in writing not to include their gallery online. Digital files and previews remain the exclusive property of this Photographer, until granted permission to Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without permission of the Photographer.
6. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release for commercial use, the Client must act in accordance with the release. If the Client loses or damages his/her digital images, Photographer will not be liable for such loss or damage and will not replace lost or damaged files. Client understands that Photographer doesn’t guarantee their images infinitely and recommends immediate back-up onto an external drive or via online cloud storage.
7. Social Media. The Client may share any Facebook content published online through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs (prints) in any other fashion. Client may share any watermarked images on social media that’s firstly posted by the Photographer. If Client chooses to use watermarked images, it is prohibited to crop to remove watermark or alter, including but not limited to re-editing, adding filters, and adjusting the image orientation in any way. Client can share freely her/his images if purchased in digital form without watermark and can choose to give Photographer recognition.
8. Failure to Perform. If Photographer is unable to perform this agreement due to any cause beyond the control of the parties, or due to illness or emergency, then the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall have no further liability. Further, this limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or other media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer.
9. Photographer. It is understood this Photographer is the exclusive official photographer retained to perform the photographic services requested in this agreement. Upon signature, the Photographer shall reserve the time and date agreed upon, and will not make other reservations for that time and date. The Photographer reserves the right to recommend or substitute with another Photographer if there is any unresolvable issue. The Photographer warrants the substitute photographer to be of comparable quality and professionalism. The Photographer also reserves the right to cancel any reservation if informational requests are not met in a timely manner, when the Client is given a deadline.
10. Photographer’s Standard Price List. The charges for Client’s portrait package are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future sessions shall be charged at the prices in effect at the time when the service is requested.