AGREEMENT TERMS & CONDITIONS
A deposit of £95 paid by bank transfer and a signed copy of this agreement and a signed Covid-19 Liabilty Release Waiver are required to reserve a photography session date. The remaining balance of the session is due a minimum of 48 hours prior to the session.
Final images will be ready approximately 4 weeks after the session date although this can sometimes take longer for larger galleries. The Client will then be sent a link and passwords to access their online gallery to view their photos and select images to include in their session package and purchase additional prints, products and digital images if required. Photographer retains the right to edit the photographs as she sees fit based on experience and exertise and omit any image(s) that do not meet her standards.
Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the deposits paid are non-refundable. Deposits are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is appreciated although its is understood that in the case of illness a shorter notice period is necessary. If it is not possible for a session to take place on a scheduled day due to inclemant weather or illness, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
OVERRUN SESSION TIME/TERMINATED MID-SESSION:
Client understands that their chosen package includes a clearly defined amount of session time and NO MORE. The photographer will endevour to capture enough images for your gallery within this time or reschedule for an alternative date if a participant is unable/too unwell to complete the session on the original session date. The Photographer reserves the right to charge for additional session time (ADDITIONAL TO THE MAXIMUM PACKAGE TIME) if requested by the client at a rate of £50 per hour and subject to it not effecting other bookings preparation and start times.
Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots. If Client and/or key individuals fail to appear to a scheduled portrait session, the deposit is non-refundable.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT:
All images and copyrights are the property of Emma Walker Photography ("Photographer"). However the Photographer will ask within this agreement to use any/all images created under this agreement, for the general public, for any reason, including but not limited to: studio samples, advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights indefinately.
Photographer agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images:
i) Display the images;
ii) Print the images;
iii) Upload, email, or electronically transfer the images or files; and,
iv) Publish the images on personal websites or social media websites
Client is obtaining prints for personal use only, and shall not sell said prints. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Emma Walker Photography" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
LIMIT OF LIABILITY:
I take the utmost care with respect to the exposure and retouching of digital captures. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
All raw (non-edited) images are deleted upon failure to meet Photographer's selection process.
All edited images delivered via Client's online gallery are stored for a minimum of 6 months afterwhich future storage is at the sole discretion of the Photographer.
RETOUCHING, CONVERSIONS AND DIGITAL FILES:
Standard retouching is included in the session fee. Standard retouching includes light blemish, bruises and scratch removal. Lessing of scars or mild acne. Skin may be smoothed to look soft. Not included is complex retouching: hair color changes or adjustments, extreme scarring, tatoos, laugh lines, nail colour, and body-shaping. Please inquire for costs of complex retouching. Photographer has the right to refuse any requested edits to the images.
This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for an Individual Photography Session or a Multi-Session Package.
The undersigned & the Photographer have read and understood the contract and agree to the terms and conditions in their entirety.