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Copyright 2020

Contracted Terms & Agreements

The Client is required to sign and agree to all terms listed 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. 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, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

 

Coverage
Coverage will begin at the agreed start time and continue for the number of minutes purchased, contiguously. Exceeding the time frame will result in a fee of $25 per every 15 minutes exceeded, rounded to the closest 15-minute interval. If the party is 10+ minutes late, the Photographer will charge a $25 fee and will also result in a shortened session and/or need to reschedule. (example: Client is 15 minutes late to a 60-minute session resulting in the Photographer charge $25 fee and session time reduced to 45 minutes, If the session does, in fact, run over by 13 minutes, the Client will be responsible for an additional $25 charge.). The Photographer will not begin the editing process until all fees/extra time payments have been paid.

 

Change of Date or Venue/ Rescheduling
The Photographer must be notified immediately of any changes in schedule or location and/or the need to reschedule completely, at least two weeks prior to the scheduled date of the event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of a change of address or contact information (time, etc.) as listed, you must notify the Photographer. The Photographer kindly asks that the Client gets in touch with the Photographer two weeks prior to the date of the event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all sessions/events and times.

 

Retainer
A retainer fee is required for all sessions. The amount of $50 is a non-refundable retainer fee. Under no circumstances will the retainer be reimbursed. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until retainer payment is received. The retainer shall be applied towards the total cost of the service to be rendered. If the Client fails to pay the retainer within 24 hours, the Photographer has the right to open the date and time to other clients. It is the Client's responsibility to inform the Photographer in the event the Client does not receive the invoice. The Client not receiving an invoice is no reason for the Photographer to reserve the date and time past the allowed 24 hours. A $100 session sitting fee is due 24 hours before the session with the exception of the Client informing the Photographer they will be surrendering cash upon arrival at a specific session location. If the Client fails to pay the entire $150 in fees 24 hours prior to their session (without written notice of cash payment), the Photographer will not attend the session. The client will then be responsible for the entire session cost. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.

 

Cancellation
There shall be no refund of the retainer after the signing of the Agreement and the reservation of the photography date. If the event is canceled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable but may be applied to a one time rescheduled session with the understanding that the client will pay a second non-refundable retainer to reserve the new date. If the Client cancels the rescheduled session, they forfeit any and all payments made to the Photographer and must pay full price to book any additional sessions. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.

 

Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the session/event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the session/event, or by any location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to the lateness of individuals, rules, and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. In the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, lost due to memory card malfunction, corrupt digital files or otherwise lost or damaged without fault on the part of the photographer, the client agrees that the photographer limits any liability for loss, damage, or failure to deliver pictures, for any reason, to no more than the return of all payments made to Blissfully Blurred Photography. 

 

Delivery
The Photographer asks that the Client allows 14-28 business days for the delivery of proofs from all portrait sessions and 3-6 business weeks for delivery of events. The client's viewing gallery will be available for 30 days. After allowed 30 days,  the Photographer is no longer responsible for delivering, providing and/or storing the images. This includes but is not limited to the client having trouble downloading, has/does not have a device that is capable of downloading the images, family encounters, lose of/damage of the device which holds the images, and the event of forgetting to contact the Photographer. If the photographer is still in possession of the edited images, there will be a $50 reloading fee.

 

Copyright
Title (possession) of and copyright to all products shall remain with the Photographer until the client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to print, copy, scan, reproduce, edit or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties. Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. 
The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. The Client understands that all digital images included in their package, designed by the Photographer, are Low-Resolution, web sized, images and are meant for sharing on the internet only, not printing. If purchasing Hi-Resolution images on CD/DVD or for Download, Clients will be given a written release to make personal copies of images from CDs or DVDs and Downloads. The client understands the images delivered on an online gallery and cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer. The Client is responsible for making a backup of all photos from the digital download/USB/CD/DVD. Additional USB drives/CDs/DVDs may be purchased from Photographer. Photographer will make every attempt to keep copies of photos for a maximum of 90 days but does not guarantee that they will be retained indefinitely. Backup copies are still copyrighted and are for client use only which may not be distributed to others.

 

Exclusive Photographer
NO PERSONAL PHOTOGRAPHY OF PROFESSIONAL SETUPS OR POSING (Including but not limited to cell phones, ipad/ipod, digital/disposable cameras, GoPro, or any personal equipment) The Photographer and/or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the portrait photography. Family and friends of the clients and other event vendors shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.

Not Responsible
Client, children, and/or pets shall assist and cooperate with the Photographer in obtaining desired photographs. Photographer shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation. The photographer is not responsible for the Client's disappointment due to (but not limited to) unflattering facial expression, makeup, outfits, and/or body figures. The client will be respectful to the Photographer and all parties being photographed. Photographer has the right to end the session, without refund, if there is a lack of cooperation or respect. The photographer is not required to schedule a "reshoot" due to the Clients disappointment for any of these circumstances. The client will not hold Photographer or the owner of the property responsible/liable for any injury that may occur during the session which includes but is not limited to bug bites/stings.

 

Expenses
Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.

 

Event Food Service
A light meal is required for events up to 6 hours for the Photographer. For events up to and past 8 hours, a full course meal is required. If no meal is provided, it is understood that the Photographer will leave the event to purchase a meal.

 

Garments
The Photographer cannot be held responsible for damage to Garments due to environmental events. The client is responsible to arrange personal assistance for garments.

 

Creative License
Images are edited at the Photographer’s discretion, and delivered images/prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards. The Client may NOT edit (including but not limited to Photoshop, Lightroom, other image editing software, and social media/app edits or edits known as “filters”) any images delivered by or deemed copyright of the Photographer. Original (RAW or JPEG) photographs are not included, only edits. Photographer retains the right to edit the photographs and omit any image. It is understood that the Photographer will not deliver every exposure taken. Client agrees to abide by Photographer’s editing decisions.

 

Force Majeure
If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any money 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 the total number of originals.

 

Forms of Payments
No Personal Checks. The Client may pay in forms of a card, cash, or cashier check.

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.