Santa Sleigh Sessions And Mrs. Claus' Gingerbread Cookie Stand
* 10 Fine Art Style Images Holiday Portrait/Connection in Santa's Sleigh *(Santa is also optional if you choose not to have him in your session plse notify me ahead of time)*
* 30 Minute Session
* Downloadable Online Gallery
* Print Release.
* FREE GIFT* For being such awesome clients, you will receive 1 Santa Image, holding a snow globe or ornament with an image of your choice from your edited gallery.
Total Images 10 Fine Art Edits *(extra images may be purchased for an additional fee as well as upgrades to larger packages and is completely optional)*
Total amount for Santa Sleigh Sessions
AND Mrs. Claus' Gingerbread Cookie Stand $289.00
Total amount due day of session $144.50
DEPOSIT DUE TODAY $144.50
CLIENT’S USAGE: Client is obtaining digital files and a print release. Client understands that Photographer is not responsible for color and print quality for prints obtained through vendors outside of Sweet Lace Photography. Prints obtained by Sweet Lace Photography are for personal use only. Client shall not sell said prints or authorize any reproductions by parties other than Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Sweet Lace Photography” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs. Images received from Sweet Lace Photography may not be altered from their original version in any way. This includes but is not limited to: turning color images to black and white, adding text, cropping, or color accenting. Photographs are hand edited to Photographer's standards and reflect on the artist. Unedited images will not be given to the client or third party under any circumstance.
LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date.
PORTRAIT SESSION: Client is guaranteed up to 30 minutes of shoot time per session and 10 fine art, fully edited high resolution digital images. Photographer is not responsible if client and/or key individuals fail to appear or cooperate during portrait sessions. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation of the portrait session/agreement by Client, the amounts paid are non-refundable. 48 hours notice is appreciated. WEATHER: If it is not possible for a session to take place on a scheduled day due to weather, Photographer will reschedule at the earliest date possible, with no additional charge.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions. If the photo session must be rescheduled due to client’s cooperation where the photographer has traveled to reach the destination, additional travel fees will apply.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior 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, it does not mean that any other provision is also waived. This constitutes an order for one Family Portrait Session with Sweet Lace Photography. Digital Photos will be delivered to client on through the clients email via downloadable link through studio's site. The digital photos will be Hi resolution jpg format with rights to make prints and use for social media. All retainer / deposit fees are non-refundable but may be transferred to a new date in the event of fire, flood, hurricane or other natural disaster based upon availability. Sweet Lace Photography retains legal copyrights to all images.
- Completion Schedule. Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on orders not outlined in this Contract. The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turnaround. An expedited fee of $150 shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
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Use of Independent Contractor. In the event a third-party Independent Contractor is hired for services and/or products for the photographic event, the Photographer is not liable for any actions by the Independent Contractor. This includes but is not limited to, allergies as a result of the use of the products/services by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor.
- Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed-upon amount is paid in full per the payment schedule outlined in this Contract
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- Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of 20-30 photographs to select from and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $50 per file.
- Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer. Alterations include but are not limited to, application of filters, cropping, or modifications of any kind.
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The Photographer DOES NOT provide the Client permission to resize photographs for Internet-based usage or use of filters and editing that alter the image in any way.
The photographer DOES NOT hold on to nor is responsible for storing images after emailing web digitals, drobox links or any other form of digital downloads. All Images are purged automatically after 60 days of delivering images.
- Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third party to make, reproductions of works resulting from this Contract without the express permission of the Photographer. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
- Social Media. The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screenshot, or capture the photographs in any other fashion. The Client shall identify the Photographer's business name in the caption of all photographs uploaded to social media websites and profiles.
- Photography and Videography. The Client shall not engage in photography or videography during the course of the session.
- Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, the act of God, or causes beyond the control of the Photographer, the Photographer, and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without the fault of the Photographer, liability shall be limited.
- Photographer’s Standard Price List. The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically, and future orders shall be charged at the prices in effect at the time when the order is placed.
- Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $500. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
- Indemnification. The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.
- Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the State of Texas.
- Attorney’s Fees . If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
- Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
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MODEL RELEASE.
**The Client authorizes the Photographer to use and to create images for promotional materials, online usage, and other areas of marketability. The Client further authorizes the distribution of photographs to potential clients of the Photographer for portfolio purposes. The Client agrees and understands that the photos will be taken digitally.
The Client further acknowledges that the Client will not be compensated, either now or at any time in the future, for any use of marketing and that the Photographer of such photos exclusively owns all rights.
The Client acknowledges and agrees that the Photographer shall have the exclusive, perpetual, and irrevocable right to take, use, re-use, publish, and republish photographic materials which contain the Client’s image.
The Client hereby acknowledges and agrees that the Photographer may modify, change, or alter such images without restriction.
The Client hereby acknowledges and agrees that the photographs created by the Photographer shall become and remain the exclusive property of the Photographer and that the Client retains no rights to said photographs unless specified particularly in this Release.
The Client also hereby waives all rights and claims and releases the Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use, and exploitation of the photos. The Client hereby covenants and agrees that the Client shall not bring any action or proceeding or maintain a complaint against the Photographer in any court of law, state or local, or before any administrative body related in any way whatsoever, to the use of the photographs.
The Client also consents to the use of the Client’s own name or any fictitious name which may be chosen in connection with the aforesaid photographs. The Client hereby releases any and all claims whatsoever in connection with the use of the Client’s photographs and name and the reproduction thereof as aforesaid. The Client hereby waives any right that the Client may have to inspect and/or approve the photographs or any advertising copy that may be used in connection therewith or the use to which it may be applied.