Contract for Services
Unless otherwise specified, it is understood that any and all rights to images, thereof shall remain the property of [DIVINE SPARK PHOTOGRAPHY] and may not be used for advertising, display or any other purpose other than personal enjoyment.
If Photographer cannot perform this agreement in whole or in part due to a cause beyond the control of the parties, changing of details that no longer fit with the photographers’ originally agreed terms or due to Photographer’s illness or injury, then [DIVINE SPARK PHOTOGRAPHY] will return all fees to the client(s) but shall have no further liability with respect to this Agreement. This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements.
WAIVER AND INDEMNIFICATION
Client and it’s agent’s, family members and assignees, if any, shall indemnify, and hold harmless, [DIVINE SPARK PHOTOGRAPHY] and [MELANIE LAZCANO] from any and all claims for damages arising out of the performance of any of the services contemplated by this Agreement with the exception of intentional or illegal acts.
DEPOSITS AND RESERVED TIME
Upon signing this contract, [DIVINE SPARK PHOTOGRAPHY] will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable even if the date is changed or becomes canceled for any reason.
Your Session
An amount of $______ is due at the signing of this agreement. No images will be taken until full amount is paid.
It is understood that even with the signing of a contract and/or verbal agreement, no day is reserved without a monetary deposit.
TIME
Your session starts at ______ and ends at ______.
No photography/proofs will be released to the client and no rights are granted until timely payment is made in full.
PAYMENT AND PACKAGES
Payment towards the rest of the package will be required on day of session before any images can be taken. You will not receive any digitals unless full payment of the entire package is made. Cash is the only acceptable form of payment. You may not downsize to a smaller package after you have paid the deposit for that package.
RECEIVING YOUR PHOTOS
You can expect to receive your images between 2-4 weeks. Times will vary on season and other factors.
By signing this contract client agrees upon [DIVINE SPARK PHOTOGRAPHY] to choose the images received.
COLORING AND RETOUCHING
Basic retouching includes clearing skin, getting single strands of hair in the face and obvious blemishes. Basic retouching does not include things like physically changing body shapes, fixing dresses, removing people or things from a photo, fixing clothes/makeup/etc. or adding things to photos.
COLORS AND STYLES
By default, colored photos will be given. By choosing [DIVINE SPARK PHTOGRAPHY] you acknowledge the style and colors used by this artist and agree to allow the photographer to choose the colors based on personal preference.
OVERALL APPEARANCE AND PERSONAL ITEMS
The photographer is not responsible for any missing, damaged or altered clothing/material belonging to the client. Please be aware that for some photos you may or may not get dirty. It is ultimately your responsibility to make sure your clothes, makeup, hair and overall appearance are the way you want for the photos. The photographer is not responsible for any styling, makeup issues, hair problems or any other factors in the photography other than the directing and photography of the client.
WEATHER AND SESSION CHANGES/LOCATIONS
You are able to switch your day because of weather or personal reasons, so long as no other sessions are scheduled that day and it works for the photographer. Unless otherwise stated, all photo sessions come with ONE location in. Add-on locations are additional cost.
CLIENT’S COOPERATION
Deliverable items and shots are contingent upon the client performing actions and cooperating with the photographer. The photographer is not liable if the client’s neglect leads to a compromise of what has been agreed upon. (i.e. agreeing to take photos of a bride getting ready, but she does not make herself available for the time). The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.
DIGITAL FILES
All files will ordinarily be sent digitally through an online Gallery through Pixieset. [DIVINE SPARK PHOTOGRAPHY] cannot be held responsible for lost images after download. Client is encouraged to save digital files in 2 or more places.
REFUNDS
If you are not satisfied with your photos, you may be refunded half of the total package if the issue stems on the photographers end. You will only be eligible if the photographer agrees that it is appropriate.. The deposit is non- refundable. In the event of an emergency, equipment failure or other unforeseen circumstance, the photographer will return any money given up to that point but claims no further liability.
CLIENT’S USAGE
The Client is obtaining images for personal use only, and shall not sell said images. It is not permitted to give photos to vendors having their products or setups photographed in order to use for advertising or promotion. No commercial use is granted by the issuance of print or digital photos.
TIME FRAME
To keep organized and conserve space, your photos may be deleted or unavailable 120 days after your images have been downloaded to pixieset, and you waive any and all claims against [DIVINE SPARK PHOTOGRAPHY] for the unavailability of such photos, even if you must replace them at your own cost.
FINALIZATION
You will be contacted and made aware when your photos are ready, but it is your responsibility to check your messages and download them for your retouched photos.