Contract
1. Contracts
Contracts should be signed and returned before the photoshoot.
2. Services
2.1 This contract is for a standard silver / gold / platinum package session. It includes 30 / 60 / 90 minutes of shooting time to begin at the agreed upon scheduled time and a gallery of a minimum of 15 / 35 / 75 edited digital images selected by the photographer based on image quality, clarity, and pose success.
2.2 The client may create their own prints. Galleries will be made available to the client by the photographer for viewing and download no later than 3 weeks from the date of the session.
2.3 For a customized package session, a finalized confirmation email will be sent, which will include the pricing, duration, and details agreed upon by both parties.
3. Fees and Payment
3.1 Total fee per standard silver / gold / platinum is $250 / $325 / $500. Total fee per customized session will be decided by the photographer. A 20% non-refundable deposit, applicable to the total fee, is due no later than 2 calendar days after scheduling to hold the session date and time.
3.2 Full remaining fee is due upon the gallery delivery. The gallery will initially be watermarked. Once the remainder is received, the gallery will be unlocked to allow originial size, unlimited downloads.
3.3 Fees are payable via Zelle (preferred), Venmo (preferred), and PayPal.
4. General Policies
4.1 The client must remit the deposit, which will be applied to the session fee, and provide this contract, signed, in order to hold their session date and time. The date slot will be released to other clients if the deposit and contract are not received.
4.2 Cancellations will be accepted up to 2 calendar days prior to the session date and time. Cancellations received less than 2 calendar days from the scheduled session will result in a $50 fee.
4.3 All people to be photographed should be dressed, clean, and ready to be photographed at the session start time. Parents or other accompanying adults are responsible for ensuring children are safe and respectful of equipment and amenities on location.
4.4 Clients who are more than 15 minutes late for a session will be asked to reschedule as sessions may be booked back-to-back and extensive lateness will negatively impact the timing of other clients’ sessions. A rescheduling fee may be applied based on the photographer’s availability. Clients who are more than 15 minutes late or fail to show for their scheduled session and refuse a reschedule will not be accepted as Les Mistons Studio's future client.
4.5 The photographer will work in good faith to the best of her ability to accommodate rescheduled sessions for clients who are ill or have an ill member of the photographed party or who encounter a legitimate emergency on the day of the session with no loss of deposit or session fee.
4.6 If weather is inclement, the location is unsafe or otherwise unexpectedly unavailable, or the photographer is ill or encounters an emergency on the day of the session, every effort will be made in good faith to reschedule the session with the client. The deposit will not be forfeited by the client if reschedule is an act of nature, unforeseen location issue, the fault of the photographer, or an emergency affecting the photographer.
4.7 Two free reschedulings are offered, no question asked. The clients must inform the photographer 1 calendar days prior to the session date and time. Reschedulings received less than 1 calendar days from the scheduled session will result in a $50 fee.
4.8 The photographer reserves the right to end a session due to weather, unsafe location conditions, equipment failure, or unforeseeable emergencies. Every effort will be made to reschedule the session at no additional cost to the client.
4.9 The photographer’s role includes location and/or set management, camera and photography equipment operation, image edits, and gallery management. The client is responsible for selecting clothing and other personal stylistic preferences, though the photographer may provide ideas and preferences upon request prior to the day of the session. The client is responsible for personal and family/group grooming standards and may not request a refund or reshoot due to personal style choices.
4.10 Clients and their accompanying party should not touch or handle photography equipment or props unless directed to do so by the photographer. Equipment is expensive and can be difficult to replace quickly if damaged. Clients will be billed for any damage incurred by their party during a session.
4.11 Clients and their accompanying party should refrain from taking pictures of the photographer’s imagery concepts, poses, set designs, or other activities of the photographer during any photo sessions, including the client’s own session or those of other clients.
4.12 Pets can be included with at least 2 calender days advance notice from the client to the photographer, if the location allows them.
4.13 The photographer will not shoot or produce images of undressed adults or children nor any poses that may suggest sexual behavior, abuse, or criminal acts in any setting, public or private.
4.14 The photographer will edit images to correct lighting, tonality, color saturation, or focus/glare, eliminate background items that distract from the image, correct aspect, and improve the overall quality of the image. The photographer does not edit body or face shape or features, hair or clothing, progressive lenses or sunglasses, or other items outside the standard scope of the industry or outside the capability of the editing software. If edits outside the photographer’s scope are desired, the client may request these at a cost of $30 per image, which must be paid in full prior to editing and delivery. The photographer reserves the right to send images out to an editing service for edits outside the photographer’s scope. Additional edits may delay delivery, and images sent for outside editing will not be delivered in the standard window. Images will not be edited an additional time after delivery.
5. Intellectual Property Clauses
5.1 Images are the artistic and intellectual property of the photographer and represent the photographer’s brand. Upon payment and delivery of selected gallery images, the client is deemed the owner of the photographer’s artistic, branded final product as purchased. Print release can be provided so that the client may reproduce images in print or on media platforms only in their final delivered form. Watermarks will be removed for these purposes.
5.2 The client may not resell or profit from images created by the photographer or photographer’s brand without an agreed-upon royalties contract between the photographer and the client.
5.3 The client may not edit photos created and delivered by the photographer or photographer’s brand in any way that deviates from the photographer’s style or branding concept or is not approved by the photographer in writing.
5.4 The client shall provide appropriate copyright credit to the photographer when using photos in any media format.
5.5 The photographer will not provide to the client any RAW files, unedited files, or photo files of any kind derived from a session that are not in their final edited format and representative of the photographer’s brand. No exceptions will be made.
5.6 The photographer will provide the minimum number of photos to the client gallery as noted in this contract but is under no obligation to provide additional images outside the scope of this contract.
6. Legal Clauses
6.1 Indemnification: The photographer and client will not hold each other legally liable for anything outside the scope of this contract, and each party will handle their own liability.
6.2 The photographer is non-exclusive to the client and may engage in and be compensated for photographic work for customers other than the client identified herein.
6.3 This contract survives the individuals who sign it and applies to their successors.
7. Social Media License
The photographer grants the client a perpetual non-exclusive license to reproduce images downloaded from the photo gallery as follows:
7.1 The client may share the web or high-resolution photos delivered by the photographer on the client’s personal and business social media accounts, provided that in each such post, the client must credit/tag the photographer.
7.2 This license does not permit the client to screenshot poor quality images,or edit or alter photos in any way, or to do any other act which would infringe the photographer’s moral rights.
8. Model Release
8.1 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, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the photographer’s website and/or studio. The client releases the photographer from all claims and liability in relation to the photographs and any use by the photographer which is consistent with this agreement.
8.2 Should the images contain a child or children, the client as parent or guardian of the child gives permission for the images to be used and published by the photographer, including for the purposes of the reproductions under clause 8.1.
8.3 If the photographer desires to make other commercial uses of the images to promote the commercial interests of any business other than the photographer’s own business, the photographer must not do so without first obtaining the written permission of the client. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the photographer and the photographer’s moral rights.