Dear Clients, I know you’re busy, so I’ll keep this extremely simple. You can call me up, write me an email or send me a note if you’d like to go through these terms and conditions together.
If you want a copy of this contract for your records, I can send it as a legal PDF for you to sign on-line.
Session Understanding:
The client confirms that they have read, understood and accepted the following terms and conditions, unless specifically agreed otherwise in writing. The client also takes full responsibility to ensure that all agents, managers and representatives acting on their behalf are aware of and will comply with the terms and conditions stated below.
Receipt of confirmation, both by email or written, will constitute an agreement of the following full terms and conditions. If a Client does not use email, hardcopy paperwork confirmation must be supplied, if none is provided, then the email correspondence will constitute a contract in law.
Session Information:
This contract is written for the purpose of portraits on-location and in ‘Amanda Herbert Photography’ homestudio. The signing of this contract states the client’s understanding that it is their choice to participate in these photos, and the client will not hold Amanda Herbert Photography responsible for any negative actions or feelings that may commence due to the images of this shoot. The client understands that they will decide whether or not these images are made public, and will make Amanda Herbert Photography aware of these preferences. Based off the print/product agreement the client is agreeable to the terms, conditions, and timeline of the session, and the delivery of images and products. The client states that they are 18 years or older. If the client is not 18 years or older, they understand a parent or legal guardian is required to sign this contract as well.
Type of Goods:
Delivery: Digital files / images (photographs) with print release (no watermark) delivered via Dropbox/Wetransfer. No prints are included.
Types of processing: Standard processing as per website. No orders for re-edits accepted. Requests for additional edits will be sent to a retoucher and paid according to their rates.
Types of images: Digital files / images (photographs) with print release. Original files / RAW files / Proof files not available.
Selection of images: Proofing ready within 2 weeks. Choose from 15 images. The Amanda Herbert Photography reserves the right to make the selection.
Payment Schedule:
Headshot Specials: £20.00 is due at the singing of this contract; the remaining package amount of £40.00 is due on the day of the session date.
Bespoke Session: £50.00 due at the singing of this contract; an invoice will be issued once you’ve chosen your photographs. An invoice will be issued. Once it is paid I can process and deliver your photographs within 1 week.
Family/Maternity/Boudoir Session: £50.00 due at the singing of this contract; an invoice will be issued once you’ve chosen your photographs. An invoice will be issued. Once it is paid I can process and deliver your photographs within 1 week.
Once services are rendered, Client must pay the service fee by the date stated above. If the fee is not timely paid, Amanda Herbert Photography may withhold Client’s access to the photographic materials from the session. Also, a late payment fee in the amount indicated above may apply.
Disclaimer: If you would like to purchase additional products or prints, please visit our website. Prices are subject to change at any time without client notification. This contract solidifies the package contents and price at the time of booking. This contract is specifically for services and products purchased on purchase date.
Any addendums made to this contract, must be agreed upon by all parties involved, in writing.
Retainer: This signed contract and a non-refundable deposit of the amount stated in the portrait session description is required at the time of booking. The retainer is £50.00 and is part of the purchased package. In the event of a cancelled session this retainer deposit is non-refundable.
Deposit: A deposit in the amount indicated above is due at the signing of this agreement [or at another date as agreed by the Parties]. The service fee, when due, will be reduced by the amount of the deposit. No photography will take place and no rights are granted until the deposit is paid in full. Amanda Herbert Photography will not reserve Clients’ session date until Client has paid the deposit in full.
No refunds: Upon both Parties signing this Agreement, and upon Client furnishing Amanda Herbert Photography with Deposit, Amanda Herbert Photography will reserve the session time and will not make another reservation for the specified time frame. For this reason, all deposits are non-refundable if the Session is cancelled or changed. Fees, once paid, are non-refundable as well. Refunds will only be allowed as established in Limitation of Liability.
Payment Arrangements: The retainer holds your date and is non-refundable should you no longer require my services. No amount of monies paid to me is refundable unless I experience an emergency that renders me unable to provide the agreed services.
Retainers are required to secure session dates. Session dates and times will only be held for up to 3 days without a deposit. After the 3 day grace period, the date and time becomes available again and may be booked by another party.
Payment Arrangements: The £50 or £20 retainer is due at the signing of this contract. The remainder of the package amount is due the day of the scheduled session, prior to the start of shooting. The balance on the cost of the portrait session will be due 2 weeks before the portrait session starts. If full payment is not received by the specified dates Amanda Herbert Photography reserves the right to treat the booking as cancelled and retain the deposit.
If a booking made less than 2 weeks prior to the portrait session date, the full cost of the portrait session is payable at the time of booking. Amanda Herbert Photography reserves the right to cancel / refuse any of the portrait sessions.
Payment Stipulations: There is a £25 fee for any returned cheque. In the event of a previous returned check by client, Amanda Herbert Photography reserves the right to refuse payment of cheques in the future, in which case cash, money order, cashier’s check, and debit/credit will be accepted.
Package Entitlements: Session fee includes a pre-session consultation, up to two hours of shooting, Amanda Herbert Photography’s time and talent, a gallery of 15 simply edited photos in an online gallery and delivered via Dropbox with full print release.
Image gallery and Dropbox link will be sent to the client within 14 days after the session, unless otherwise confirmed by the Amanda Herbert Photography.
Additional advanced editing is available for a fee of £5.00 per hour and to be finalized by the Amanda Herbert Photography after the details are confirmed. Payment is due before the revised images are sent to the client. Raw files / original files / proof images are not available.
Schedule Arrangements: Sessions start on time and it is strongly suggested for clients to arrive 15 minutes prior to the agreed session time. Sessions time will no run longer due to a late start. If the client is late the Amanda Herbert Photography will utilize the rest of the available time as best as possible.
Due to the nature of the session a strict timeline will be enforced to ensure the package obligations are met. The session will start at the scheduled start time even if the client is tardy or unprepared. The session end time will remain the same. If additional time is needed, client will have the option to purchase based off the a la carte pricing menu for additional time. If you have more than one location for your session, the travel time going from destination A to destination B so forth does count towards the total amount of the session time. The same applies for outfit changes; changing from one outfit to another does count towards the total amount of the session time. The client is responsible for providing any props or outfits that are to be used within the session. Amanda Herbert Photography will not be held responsible for additional sessions needed due to forgotten items.
Additional Fees: In the event that the client specifies a certain location to be used during the shoot, the client is responsible for all location fees involved such as location access fees, parking, etc. Client is also responsible for arranging the location access and any permits/passes related to doing so.
There are additional fees for the following: added time, additional outfit changes, any products/prints/services not specified in the package purchased. Reference the a la carte pricing menu for specific pricing amounts.
Additional fees may be assessed for the adding of more than one person within this portrait session.
Agreement of services: In the event of Amanda Herbert Photography’s foreseeable illness, conflict or inability to perform, Client agrees that Amanda Herbert Photography may assign and delegate performance and obligations of this Agreement to another professional Amanda Herbert Photography at Amanda Herbert Photography’s discretion. In the event that Amanda Herbert Photography cannot perform or the Session does not take place, Amanda Herbert Photography is not required to service a later Session. If Client does not wish to be photographed by a different Amanda Herbert Photography, Client may cancel this Agreement and will be entitled to a refund of the retainer.
Weather: If, in the opinion of the Amanda Herbert Photography, inclement weather or other adverse condition, including illness or equipment malfunction, prevents the creation of a portrait meeting the artistic standards of the Amanda Herbert Photography, Amanda Herbert may elect to use an alternative location or reschedule the session.
Cooperation: Amanda Herbert Photography is not held responsible for behaviour of parties involved with the shoot, with the exception of Amanda Herbert Photography personnel. If the desired outcome of your session is jeopardized by the behaviours of parties involved with the exception of Amanda Herbert Photography personnel, Amanda Herbert Photography cannot be held responsible.
Exclusivity: It is understood and agreed that no other Amanda Herbert Photography will be allowed to photograph or take pictures during the Session while Amanda Herbert Photography is working, unless otherwise agreed by the Parties in writing. This restriction applies to Client and any associates of Client and includes cell-phone cameras, computer cameras, and their equivalents.
Amanda Herbert Photography Discretion: Client understands and agrees that Client is hiring Amanda Herbert Photography to perform Amanda Herbert Photography’s services in Amanda Herbert Photography’s own discretion and style. Client has no authority to control the manner in which Amanda Herbert Photography takes photos. Client has no right to rescind this Agreement in any way if Client is not satisfied with Amanda Herbert Photography’s photography.
Client Usage Rights/Copyrights: The photographs produced by Amanda Herbert Photography are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Amanda Herbert Photography explicit written permission. It is a breach of this contract to reproduce the images in any form unless rights were purchased within the package for those images.
Client reserves the right to post images on social networking sites such as Facebook and Twitter. It is a breach of this contract to crop/hide Amanda Herbert Photography logo.
There will be limited copyright ownership of the images delivered via Dropbox under these conditions: Commercial use of these photos is prohibited. These images are for personal use only, and may be reproduced for the purpose of sharing with friends and family.
In the event that these photos will be published, sold for profit, used within marketing materials the client must obtain written permission from and compensate Amanda Herbert Photography prior to the release. Additional contract will be needed at that time.
Restrictions of client’s use of photographic materials: Client shall not modify or otherwise alter Amanda Herbert Photography’s photographic materials. Client shall never post any of Amanda Herbert Photography’s photos in a format larger than 1024 x 768 pixels. Client shall not post physically or in digital form, including on any social media website, blog or application, any of Amanda Herbert Photography’s photos without attributing Amanda Herbert Photography. Client shall never distribute or make available for download or reproduction any of Amanda Herbert Photography’s photos without written consent of Amanda Herbert Photography, unless the photos include Amanda Herbert Photography’s watermark. Client shall not publish photos without Amanda Herbert Photography’s written consent and attribution to Amanda Herbert Photography.
Amanda Herbert Photography Usage Rights/Copyrights: Client grants Amanda Herbert Photography unrestricted usage rights and copyrights to use and publish photographs in any manner or medium. Client grants Amanda Herbert Photography permission to use images taken within this session in sample albums, marketing materials, editorial, online web presences, including but not limited to, website, social networks, blog, etc. Images may also be used in photographic competitions and for publication in which case the client will release all profits from images.
These rights make it ILLEGAL to copy, scan, screenshot, edit or share Amanda Herbert Photography prints and digital medial without the Amanda Herbert Photography’s permission.
Digital files of all final images are provided as part of the session fee. Any alternation of these digital files, including cropping and editing, is a violation of copyright laws.
In the event that client wishes the images to be kept private and not displayed, please choose 1 or more options:
- All social media (website/Facebook/Print)
- Facebook sharing only
- Website / blog only
- EBooks / print material only
- I’m shy, please keep the photos private
If client would like private online gallery, please specify necessary password to that gallery.
Intellectual property rights & release: All photos and images taken by Amanda Herbert Photography and/or his/her assistant remain the sole, copyrighted, intellectual property of Amanda Herbert Photography, even after full payment by Client and distribution to Client. Amanda Herbert Photography may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Client expressly agrees to release to Amanda Herbert Photography any personal or proprietary interest in the photographic materials that result from the session, and agrees that Amanda Herbert Photography may showcase, sell, or otherwise distribute photographic materials from the session, including those depicting Client.
Cancellation Policy: Should an alteration or cancellation become necessary, you will have the choice of accepting the change, taking an alternative portrait session date, or withdrawing from the contract and accepting a refund of all monies paid to Amanda Herbert Photography.
Reshoot Policy: If the client is unable to keep the appointment date, one reschedule will be allowed at no charge. Additional reschedules will require an additional rescheduling fee of £50. No-shows forfeit their session deposit and will be charged an additional full session fee in order to rebook.
Reshoots are determined at the discretion of the Amanda Herbert Photography. Reshoots will not be provided for poor choices in clothing, makeup, hair, adverse weather conditions or failure to comply with the directions provided by the Amanda Herbert Photography.
No guaranteed results: As stated in Description of Services, Amanda Herbert Photography will make a good faith effort to achieve Client’s desired results. However, portrait photography is inherently an art; subjects may not feel comfortable, or subjective opinions may not be satisfied, among other things. Client acknowledges that Amanda Herbert Photography cannot and will not guarantee any particular results, including Client’s desired results. If Client experiences a physical, mental or professional issue before, during or after the session that leads Client to believe the desired results will not be achieved, Client is still responsible for costs incurred under this Agreement.
Limit of Liability: In the unlikely event that the Amanda Herbert Photography is injured or becomes too ill to photograph the session, Amanda Herbert Photography will make every effort to secure a replacement Amanda Herbert Photography unless otherwise specified by the client. If the situation should occur and a suitable replacement is not found or accepted, a reshoot will be scheduled for the next available time slot. In the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Amanda Herbert Photography control, Amanda Herbert Photography liability is limited to the return of all payments received for the portrait session. The limit of liability for a partial loss of originals will be a prorated amount of the exposures lost based on the percentage of total number of originals.
Amanda Herbert Photography does not accept responsibility for the loss of or damage to any items, personal effects, clothing, money, electrical equipment or otherwise.
Requests for additional edits: A sign off sheet will be used for additional edits and invoiced directly to the retoucher.
Completion Schedule: The type of portrait session Amanda Herbert Photography offers requires flexibility and you must allow for alternatives. For this reason the outline itinerary and the descriptions in the session guides must be taken as an indication of what may take place on the photo shoot, and not as a contractual obligation on the part of Amanda Herbert Photography.
Due to the nature of these sessions, completion and product delivery time may vary. Please refer to the product/print order contract for specific completion times and dates for your purchased products.
Archiving: Amanda Herbert Photography will archive digital files of all photos taken for Client for up to the timeframe 5 years. Amanda Herbert Photography does not guarantee back-up photographs, prints or data after this time. If Client requests additional prints or data from Amanda Herbert Photography’s archive, Amanda Herbert Photography may charge a fee.
By paying the deposit or full booking fee for a portrait session you are agreeing to accept all of the above conditions.
By attending a portrait session I hereby give my permission for images taken of myself to be used to promote Amanda Herbert Photography on blogs, websites and publications.
By arranging a session with Amanda Herbert Photography, all goods and services supplied are subject to these terms and conditions of business.
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