client agreement.
please read in full. acknowledgement required at bottom.
this agreement is between amy mikan of amy mikan photography, hereinafter referred to as the "photographer", operating in the state of georgia, and the signers of the “client agreement” below, hereinafter referred to as the "client(s)", collectively referred to as the "parties", with the photography session detailed below.
agreement overview
this agreement contains the entire understanding between the “photographer” and the “client”. it supersedes all prior and simultaneous agreements between the parties. this agreement may only be changed in writing, and must be agreed to by all parties.
section 1 - change of date / venue
date, location and scheduled session time are determined by the “photographer” and the “client” at least 48 hours prior to the session date. the “photographer” must be notified in writing of any changes in schedule or location at least 24 hours prior to the scheduled date of session. failure to do this may result in cancellation of your session and/or loss of deposit. notification of any changes should be made via email (amymikanphotography@gmail.com).
if, due to inclement weather or unforeseen illness, a session must to be postponed by the “client” or “photographer”, both parties agree to select a new date and as such all above conditions of the agreement shall apply. inability to coordinate a mutually agreed upon reschedule date may allow for full refund of deposit. refunds are processed on a case by case basis and fully at the discretion of the “photographer.”
section 2 - deposit / payment policies / cancellations & re-shoots
a retainer fee of $50.00 usd (subject to photographers discretion) is required in advance for all portrait & photography mini sessions. (*in the instance of mini sessions, the entire fee may be due upfront to hold session time and cover all associated rental fees.) this ensures both the “client” and “photographer” are committed to the agreed upon session date and time, and are prepared to attend thus holding said time and availability from other potential clients.
this is a non-refundable retainer, in the event of a cancellation without notice or client breach of contract it shall be liquidated for damages to the “photographer.”
payment
all final payments are due in full the day of the session in cash, venmo, paypal, or online payment within 2 hours of session completion - proofs or final edited images will not be provided until payment in full is received. if client has arranged a payment plan, images will be provided after the final payment has been received. if client fails to make payment with 30 days of session there will be a late charge of $25.00 per month added to amount due which must be paid before images are processed.
cancellation policy
there shall be no refund of retainer deposit after the signing of the agreement and the reservation of the photography date unless. once balance is paid, refunds are solely at the discretion of the “photographer.” all arrangements regarding payment changes must be put in writing and agreed upon by both parties. cancellation must be in writing and provided within 24 hours of the agreed upon session date. proper notice may qualify you for a refund. refunds are solely the discretion of the “photographer” and may be subject to rebooking the session.
returned Fees / nsf charges
returned fees, transfers or checks are subject to a $50.00 returned check fee. client assumes responsibility for any and all collection costs and legal fees incurred by the “photographer” in the event that enforcement of this contract becomes necessary. all legal action shall be taken appropriately.
expenses
travel and expenses such as parking, shipping, or destination fees must be reimbursed to the “photographer” and will be added to the balance due after the session. travel fees are pre-determined and will be set out in the initial payment total. clients are responsible for all location fees and permits. some conditions may apply.
garments/damages
the “photographer” cannot be held responsible for damage to garments, props or other belongings of the “client” during a photography session, including lost or stolen items on location or in studio. “client” is responsible for all of their proprietary items.
re-shoots / refunds
re-shoots are determined at the discretion of the photographer. re-shoots 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. “photographer” is not responsible for missed moments or imperfect images. “photographer” is not responsible for any child's behavior during a session and cannot guarantee a child’s cooperation during sessions. re-shoots will not be provided in the event of these circumstances. cost of packages covers the “photographers” time and talent. no refunds or discounts will be given on any packages due to dissatisfaction with final images, delivery or delays. once client receives images they may not exchange them for others or request additional photography without additional fees being incurred.
section 3 - copyright / creative license / archiving
title (possession) of and copyright to all photographs and associated prints or digital images shall remain with the “photographer.” All photos are copyrighted to the “photographer.” the negatives and or digital negatives (hereinafter collectively the “images”) created by the “photographer” and/or subcontractor(s) remain the property of the “photographer.” only images provided by the “photographer” upon completion of editing will be released to the “ client” for personal use. personal use may include online sharing, printing for personal use only. “client” may not use images in any format in any promotional or commercial capacity without explicit written permission from “photographer” and/or payment of licensing fees.
permission is hereby granted to the “photographer” to use any images created under this contract for professional samples, displays, internet website pages/portfolios, advertising, exhibitions, or any purpose related to promotion of photography business exclusively. the “client” may opt into a limited permissions option at the bottom of this agreement, if preferred. if a “client” has privacy concerns they are invited to contact “photographer” prior to signing this agreement to discuss these terms.
the “photographer” retains the copyright to all images produced by the “photographer” and/or the photographer's subcontractors. the client understands the images given digital download cannot be used for profit or advertising purposes.
creative license
images are edited at the “photographer’s” discretion, and delivered prints may not include all images captured. The “photographer” reserves the creative rights to edit and release only those images deemed credible as professional in quality and within the photographer’s artistic standards. any non-credible or un-used images from the photography session will be deleted during the editing process. client will only have access to final edited images and not RAW files under any circumstance.
archive
after six (6) months, all images may be purged from “photographer’s” hard-drive, online galleries and/or cloud storage, 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. all files will remain available for download for two weeks after gallery publication. files may remain available for up to six months following gallery expiration. this remains at the discretion of the “photographer” and may change without notice based on data storage capability. it is the “client’s” responsibility to save and preserve any digital files provided by “photographer” after they have been provided.
section 4 - force majeure
if the “photographer” or its assign(s) cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, acts of god, including but not limited to, road closures, inclement weather, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the “photographer” shall return any moneys paid by the “client”, less retainer fee and expenses, but shall have no further liability with respect to the agreement. this limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the “photographer”. the limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
in the event of a malfunction, loss of images or damage, the “photographer” agrees to re-shoot at a later date without additional expense to the “client”. original fees will apply.
section 5 - image release
i hereby give to the “photographer” the right and permission with respect to the “client’s” image and/or likeness in the photographs that they have taken of the “client” and/or any minors in my care on the day of the session in which he/she may be included:
a) to copyright the same in the “photographer’s” name or any other name that they may select; b) to use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, including (but not by way of limitation) illustration, promotion, digital or printed advertising, marketing, social media promotions, and; i hereby release and discharge Photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
section 6 - client agreement/acknowledgement
by checking "yes" and inputting your full name and/or the names of any/all session attendees/subjects, i, the “client” hereby acknowledges the detailed agreement and agree herein to the terms as outlined above. The parties agree to the above and below terms and conditions, and acknowledge that they have received, read, and understand the “photographer’s” current pricing, copyright permissions, release and respective responsibilities therein. any limitations, changes or updates to the agreement may be discussed prior to the completion of this agreement and added as an addendum in the provided section below. all additions must be agreed upon by both parties.