This contractual agreement made between:
Jessica Vallia (referred to hereafter as "Photographer")
10252 Deer Meadow Circle
Colorado Springs, CO 80925
AGREEMENT TERMS PORTRAIT SESSION: This price includes a single family (any combo of mom/dad/kids/pets) unless otherwise discussed prior to session booking. Additional people are $10 each after booking if photographer is unaware of group size. Event time frames will be discussed via phone or email. Pet portraits are not guaranteed but always attempted.
SESSION PROOFS: Photographer will schedule an after session consult within 1 to 3 weeks of their portrait session either in the client's home or a location of client's choice within Colorado Springs. Photographer retains the right to edit the photographs and omit any image. *This does not apply to Military Homecoming sessions. Military Homecoming sessions receive digital downloads within 1-3 weeks.
CANCELLATION/POSTPONEMENT: 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 retainer and or other monies paid are non-refundable. Retainers are transferable if a date change is necessary. Forty-eight hours notice of postponements or cancellations is appreciated, if client is more than 15 minutes late to said session date/time there is a $50 fee to reschedule the session.
WEATHER: If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
COOPERATION/NO SHOWS: 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. If Client and/or key individuals fail to appear to a scheduled portrait session, the 50% retainer is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional 50% retainer.
RESHOOTS: In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will reshoot at a 25% discount from the original session fee. Client is then able to order prints from the second portrait session only. In the unlikely event that the finished product from a portrait session is unusable due to technical problems, (camera failure or exposure problems), Photographer will reshoot at no additional charge.
COPYRIGHT: All images are copyrighted to and remain the property of Jessica Vallia.
CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads "Jessica Vallia" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
MODEL RELEASE: Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. 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. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
*Military homecoming sessions are subject to change based on first come, first serve as the military makes changes to flights that are outside of the Photographers control. In the event a photographer is double booked due to military changes, the client who paid their deposit first will receive services and all monies paid to the Photographer will be refunded to the canceled client. The Photographer will do everything in her power to find a replacement of like quality.
CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the proof book. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total fees outlined above.
PORTRAIT FEES: Portrait fees include an initial telephone or in-person consultation with Photographer, a one-hour portrait session (more time may be required for groups), and all custom editing in exception to heavy retouching. Portrait fees are determined in advance based on the number of individuals to be photographed and the location of the photo shoot. A retainer of $100 towards the portrait fee and a signed copy of this agreement are required to reserve a portrait session date. The remaining balance of the portrait fee is due before or on the day of Client’s portrait session, and is payable before shooting begins.
RETOUCHING, CONVERSIONS AND DIGITAL FILES: Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or heavy blemishes. Tonal conversions include converting color images to black-and-white or sepia tone (for an antique look) and black-and-white images to sepia tone. If there are images that need heavy retouching, there will be a written agreement between client and photographer to retouch at an additional fee of $20 per image as requested by the client.
*Discounts, sale prices, and/or additional travel fees will be noted in final Invoice.
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