Portraiture Gift Certificate
Portraiture Gift Certificate
All sessions include:
100 edited images
Your choice of 24 fully retouched images
Your choice of location
Photo movement coaching
Styling guide (pdf download)
Private online gallery
Download of high resolution images
One complimentary printed 8 x 10
TERMS & CONDITIONS:
1. PARTIES. The Parent and/or Model is hereinafter referred to as the “Client.” Brittany Bays is hereinafter referred to as “Photographer.” Photographer is in the business of providing professional photography services and products and Client wishes to retain Photographer’s services for the selected session.
2. SESSION DETAILS. Client is guaranteed the selected session package submitted on this website. Photographer will be the exclusive photographer during the session. No other photography is allowed, other than "behind-the-scenes" cell phone photos. Behind-the-scenes photos must show equipment on-set or photographer, and must not become a distraction to the model and/or photographer.
3. SESSION FEE. Client agrees to pay the session fee set forth in this Agreement to book Client’s session with Photographer. The session fee is due at the time of the session.
4. RESCHEDULING; CANCELLATION. Photographer understands that health issues can creep up quickly and that it may be in everyone’s best interest to postpone and reschedule a session so that everyone can be feeling and looking their best. Photographer will do her best to reschedule Client’s session due to health issues of those involved, while the Client will do his/her best to notify Photographer at least 24 hours prior to the session, or at least as soon as possible after the issue is identified. If inclimate weather is an issue the day of the session, Photographer will notify client at least 5 hours prior to reschedule.
5. PROOFING + ORDERING. Approximately 4 to 6 weeks after your session, your custom-edited JPEG files will be available for viewing in an online, password-protected gallery. The online gallery will be available for 1 year from the date of the first publication, within which all orders must be placed. All prints and products ordered within the online gallery will be mailed 1 to 2 weeks after the order has been placed. Client agrees and understands that Photographer, in her sole artistic discretion, decides which images taken during the session will be edited and presented in the Client’s gallery; not all images taken during the session will be presented to the Client. RAW files will not be released to client.
6. ALBUMS; DELIVERY. If Client is ordering an album or if an album is included in Client’s package, Photographer will email proofs of the album layout and design to client between 3 to 4 weeks after Photographer is finished with the image editing process. Client will have the ability to make up to 10 changes to the proofed layout. Any additional changes will be charged at $10 per change. The album will be available for pick up or delivery to Client within 2 to 3 weeks after Client has signed off on the proofed layout. Photographer is not liable for mistakes or delays in creating or delivering of the album caused by the lab or company producing the album. If Client wishes to make changes or place a reorder after Client has already signed off on the proofs, then all changes and reorders will be at the Client’s full expense.
7. EDITING. Editing encompasses the processes of altering images in post production including: cropping, overall color, tone, and lighting corrections/enhancements. Client agrees and understands that Photographer edits the proofs at her own artistic discretion, and said editing is included in the session package fee.
8. RETOUCHING. Additional heavy editing is referred to as Retouching. Retouching includes: teeth whitening, skin smoothing, eye brightening, acne and wrinkle removal, removing glare on eyeglasses, braces removal, body sculpting, and/or weight reduction. The session includes 100 edited images, where the client may choose 24 to be retouched. Any additional photos to be retouched will be charged at an extra rate of $50 per image. Once the online gallery is delivered to Client, Client may choose which photos they would like retouched by commenting on individual photos. Photographer will complete retouching 1-2 weeks after Client submits their choices. The retouched images will be uploaded to Client's existing gallery and Photographer will notify Client when the retouched images are available.
9. REFUNDS. Due to the custom nature of prints and photographic art products prints, all purchased
products cannot be returned and all money paid is nonrefundable.
10. ARCHIVE AND STORAGE. The Photographer archives all proofed images from each session for a period of 2 years from the date of the session. After that time, the Photographer deletes all proofed images from hard drive and all external hard drives. The Photographer is not responsible for digital files once they are purchased and received by the Client. The Client is responsible for making electronic back-up copies of any digital files that are purchased from the Photographer and for keeping them in a safe place.
11. FORCE MAJEURE. Photographer will not be liable to the Client for any loss resulting from an act of God, natural disaster (including but not limited to fire, earthquake, storm, hurricane, flood, lightning, tornado), an accident of any kind, an act of the public enemy, war, general arrest or restraint of government and people, civil disturbance or similar occurrence, terrorist attack, general disruption of the Internet, or general inability of national carriers to make scheduled deliveries.
12. LIMITATION OF LIABILITY. If Photographer fails to provide the services hereunder due to reasons other than those listed in Paragraph 11 herein, Client’s recovery and Photographer’s liability is limited to the total amount paid from Client to Photographer under this Agreement and Photographer will have no further liability to Client, regardless of the total amount of costs or damages claimed by Client. Client’s recovery is also limited to the total amount paid from Client to Photographer under this Agreement in a situation where the digital files or film negatives are lost or damaged through camera malfunction, where Photographer’s camera(s), memory cards or film negatives are stolen, or where Photographer’s equipment is otherwise lost or damaged.
13. ASSUMPTION OF RISK; RELEASE OF PHOTOGRAPHER. Client acknowledges and understands the inherent risk of injury associated with certain activities that Client/Client’s minor child may engage in during the session, including but not limited to Photographer taking photographs of Client/Client’s minor child while Client/Clients minor child is posing or engaged in activity in any form of water (including but not limited to a pool, ocean, or lake), while Client/Client’s minor child is engaging in sporting, dancing, or recreational activities, driving or riding in a motor vehicle, or any other activity that the Client/Client’s minor child is engaging in during the session. EXCEPT AS SET FORTH IN PARAGRAPH 12 ABOVE, CLIENT, THEIR HEIRS, ASSIGNS AND NEXT OF KIN, AGREE TO FULLY RELEASE PHOTOGRAPHER, AND PHOTOGRAPHER’S EMPLOYEES AND INDEPENDENT CONTRACTORS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LITIGATION OR OTHER ACTIONS THAT CLIENT MAY HAVE FOR INJURIES, DISABILITY, OR DEATH OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT, CONTRACT, BREACH OF WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF THE PHOTOGRAPHER, PHOTOGRAPHER’S EMPLOYEES OR INDEPENDENT CONTRACTORS.
14. MODEL RELEASE. Client hereby grants to Photographer and legal representatives, heirs, and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client and/or Client’s minor child for marketing, advertising, portfolio, website, commercial use, and other purposes, in any manner and to edit and alter the same without restriction. Client hereby releases Photographer and legal representatives, heirs and assigns from any and all claims and liability relating to the photographs on Client’s behalf and on behalf of Client’s minor child.
15. COPYRIGHT. Client understands that Photographer is the sole and exclusive owner of the copyright of each image taken at the session and Client will not edit, apply any photo editing filters, or alter the images in any manner for any purpose, other than necessary cropping. Photographer retains all rights to the images, including but not limited to, the right to sell, copy, display, and/or publish any and all images, for any reasons, including but not limited to marketing, advertising, print competitions, and for use on Photographer’s website and portfolio. Copyright protection is governed by federal and any and all violators will be punished to the fullest extent permitted by law.
16. CLIENT USAGE; PERSONAL USE ONLY. Client understands that he/she is obtaining prints and/or digital files for Client’s personal use only. Client agrees that he/she will not use any of the images from the session for commercial reasons, including but not limited to marketing, advertising or entering the images into a contest of any kind. If Client wishes to use any of the images from the session for commercial purposes, Client must contact Photographer to discuss the terms of a potential commercial arrangement, though Photographer is under no obligation to enter into any commercial arrangement. Client MAY, however, use photos in their modeling/acting/talent agency website or portfolio.
17. SOCIAL MEDIA. Client is encouraged to upload photos to social media! However, any image uploaded must include a note saying it was photographed by Brittany Bays Photography, and must not be altered with any photo filters.
18. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect
19. ENTIRE AGREEMENT; AMENDMENTS. This Agreement is the entire agreement between the parties regarding this subject matter and supersedes all prior agreements and understandings related hereto. This Agreement can only be amended or modified in a writing signed by both parties.
20. ELECTRONIC SIGNATURES. This Agreement is being signed electronically, which will be fully binding as an original signature.