BELOW IS YOUR CONTRACT. PLEASE READ CAREFULLY AND IF YOU AGREE, FILL OUT THE DIGITAL SIGNATURE AT THE END.
By this private instrument, on one side, the PROFESSIONAL(________). On the other side, the CONTRACTOR (________) should read the contract below and fill in her data the formalization of this instrument. The parties identified herein have justly agreed as follows:
CLAUSE 1 - This contract aims to provide photographic service following the specifications of the following clauses below.
CLAUSE 2 - The HIRED shall, upon payment specified according to the package chosen, meet the requests for photographic service of the CONTRACTOR, and shall deliver the photos according to the package previously chosen.
DATE PLACE AND TIME: -
* hours/ Additional hour charged separately.
PACKAGE: *********** + does not include printed photos and albums.
VALUES: $$$ ALL DIGITAL PHOTOS EDITED - NO PRINTS
CLAUSE 2.1 - To schedule the session, the CONTRACTOR must pay 50% of the chosen package for the fee for reserving the professional's availability for the session.
Just in case if you cancel the session, we don’t make a refund.
You can use it as credit for a new session for a period of up to 30 days or transferred it to a third party.
CLAUSE 3 - The CONTRACTOR must pay the rest of the chosen package until five days before the event to receive the online tests, following the conditions established in the contract.
CLAUSE 4 - The HIRED is obligated and committed to doing the photography service, with specific equipment on the excellent performance of the service, after the end of the service (which includes the deadline for choices of previews and editing and treatment of images), the photos in the amount agreed upon, according to the contracted package.
CLAUSE 4.1 - It should clarify that no package includes all photos. After my review, I will provide all technically approved images; if your package says '' all photos ''. There is also no option for photos in the raw file, even without treatment and low resolution. Additional photos may be purchased if available by the professional upon separate payment.
CLAUSE 5 - CONDITIONS OF THE SESSION
CLAUSE 5.1 - In case of Maternity Session:
CLAUSE 5.1.a - The session will be held at the client's home/compartment, lifestyle style, or private parks for a fee to be paid in advance by the client according to the number of family members included in the photographer. We do not perform sessions in places that do not offer total security to the staff and family.
CLAUSE 5.1.b - We already have some looks available for the pregnancy session, which the CONTRACTING PARTY may request additional cost.
I work with Mamabumprentals, a maternity dress rental service that allows my clients to rent maternity dresses from their HUGE collection for 15% OFF if you book a maternity session with me!
CLAUSE 5.2 - In case of Newborn Session:
CLAUSE 5.2.a - The session should be scheduled immediately after the surgery date (in cesarean sections) or after the baby's birth (in cases of regular deliveries) and ideally performed until the 10th day of life. After this period, some poses become unfeasible and are not guaranteed to be completed to respect the baby not to feel uncomfortable.
CLAUSE 5.2.b - The session will be held at the CONTRACTOR residence or other location defined by him. Parking must be provided for the photography team to leave their car and equipment safely, as well as unloading all the material.
CLAUSE 5.2.c - The HIRED should bring all the structure, clothes, and accessories to guarantee the success of the rehearsal, duly sanitized, as previously agreed with the CONTRACTOR.
CLAUSE 5.3 - In case of Mini-wedding Session:
CLAUSE 5.3.a - The session will take place in 3 different locations with a limited period of
30 min photo making off
One h ceremony
One h after-ceremony (the professional commits to a maximum of 3 hours of coverage divided between the three predetermined locations between the parties, if more time is needed, the additional value per hour is $100.00 - one hundred dollars).
The coverage includes the client's home/condo, the intimate ceremony location, and a post-ceremony in private parks for a fee to be paid in advance by the client according to the number of family members the photographer includes. We do not perform the session in places that do not offer total security to the team and family.
CLAUSE 5.3.b - The professional does not provide costumes for regular sessions, whether thematic or baby accompaniment, cake smash (we also do not provide cake).
CLAUSE 5.4 - In cases of children's events coverage
CLAUSE 5.4a - The maximum period of coverage of the event is up to 3 hours, being at the discretion of the CONTRACTOR the request for an additional hour that has a cost of $100.00 (one hundred dollars) and it is up to the contractor to decide if he can attend without notice for reasons of availability.
CLAUSE 6 - TERMS:
CLAUSE 6.1 - The HIRED must send, within ten (10) days after the session, a gallery with a preview of the photos, in low resolution and with watermark, through digital or virtual media. The CONTRACTOR, in turn, must choose the pictures in up to twenty (20) running days. The CONTRACTOR must be aware that it is expressly forbidden to copy the additional images if it has not acquired them from the professional. Suppose the CONTRACTOR does not choose the pictures in this period. In that case, the HIRED will reactivate the gallery but may charge an update fee of the current table for the album’s production if hired.
CLAUSE 6.2 - After receiving the selection, the layout professional will handle the images. Suppose the client wants to make any considerations about the photos. In that case, he/she must inform, IN THE SELECTION, the information, such as highlighting some specific picture, requesting black and white images, among others. We do not work with edits that change the structure of people's bodies, such as decreasing or increasing body size, adding hair, etc. In the absence of any comment from the CONTRACTOR, the editorial language of the professional will be applied, with no recourse for later changes.
CLAUSE 6.2.1 - In cases of album packages, the designer shall make the assemblies (when necessary) and order them in the best way, keeping coherence and harmony in the final product. For this reason, we do not work with previews, and the editor is free to organize the album respecting the editorial language of the professional.
CLAUSE 6.3 - After receiving the selection of photos, the HIRED has 20 days to deliver the images (printed and digital) for packages with single pictures and 45 days to produce photographs in a bundle with albums.
CLAUSE 6.4 - We do not work with deliveries. After completing the material, we indicate to the customer where the material will be delivered on a day and time agreed between the parties. There is a commuting fee that should be decided upon by the CONTRACTOR if he lives far away.
CLAUSE 7 - After the execution of the session(s), the CONTRACTOR can, if he/she is interested, buy extra photos at the cost of $20.00 each. The HIRED must deliver them in print, digital, and album format (if the client has hired this option). The total amount of extra photos must be paid as soon as the CONTRACTOR sends his selection through transference, deposit, or application. If there are additional photos, what will deliver the printed and digital images only and exclusively after full payment. In case of refusal of charge for the additional images, the photos initially hired will be retained until the debt with Perspectives is finalized. Under no circumstances will photos be delivered with open payments, whether of contracted photos or extra photos.
CLAUSE 7.1 - The CONTRACTOR understands that he/she is contracting a package of services with a specific number of photos. He/she can add extra photos by agreement, not being included in delivering all the photos made in the session.
CLAUSE 8 - After the final product delivery, the HIRED is not committed or responsible for archiving the recorded material (raw and/or edited).
CLAUSE 8.1 - We do not have a company to carry out the delivery. We can also deliver the photos when we are going to or returning from a rehearsal, and that is on the same route of the family's residence; however, this type of situation does not allow us to limit a deadline and will depend exclusively on the schedule of the team and its route of operation.
CLAUSE 9 - The part that violates any clause of this contract will be subject to the payment of a fine in the amount of 30% of the contracted amount, in addition to suffering an eventual action for damages.
CLAUSE 10 - In the case of withdrawal of the service by the CONTRACTING PARTY, the same will lose the right of the amount already paid. In this case, the professional is not obligated to return the anticipated values.
CLAUSE 11 - COPYRIGHTS AND USE OF IMAGE OF ADULTS AND MINORS:
CLAUSE 11.1 - COPYRIGHT (of the professional) It is established by agreement of both parties that the client is aware that he/she may not modify the photograph, alter it, apply other signatures or logos, as well as sell or assign it to any company, person or professional who intends to make commercial use of it. Even if it contains another person, the image is the artistic fruit of the professional, and he is the only owner of the work. Altering a work may be characterized as an image Evenforgery.
CLAUSE 11.2 - RIGHT TO USE IMAGE (of the adult client and minor) It is established by mutual agreement between the parties that the professional has the right to use the image of whoever is included in her contracted photograph for social media, website, restricted to small advertisements and that the contracting party has the right to use the images in its social media mentioning the professional with the proper copyright credits.
CLAUSE 12 - The district court of Jacksonville - FL, to exclude any other, no matter how privileged it may be, is now elected to settle any disputes that may arise from this contract. And, in witness, they sign this instrument in two counterparts of equal content and form, which are equally subscribed.