FAMILY SESSION CONTRACT

Please read entire contract, sign & submit at the bottom of the page.


This agreement is made between the Client and Helen Rossy Photography.

Coverage is scheduled for 1-Hour Family Session. All photographs will be shot in digital format. Edited  Digital photos will be made available on a private online gallery available for download. Photos will be delivered as high-resolution JPEG files in an online gallery. The online gallery will be ready within two weeks. 

Fees: The fee for coverage for Family Session is $450. This includes an online gallery, digital processing of the camera RAW files, and all density and color corrected high-resolution images in JPEG format. This contract grants pricing rights to the client. Additional hours of photography are available, and payment is due depending on additional time and price to the lead photographer prior to the end of the session by either personal check or cash. The client can extend his package by adding extra photos or including RAW files to his package. The additional photos are $10 each. All unedited files (RAW or jpg) can be added for $100. 

1. Retainer and payment. Upon your signature, Helen Rossy Photography will reserve the time and date agreed upon and will not make other reservations for that time and date. The Client shall make a non-refundable retainer of $100 to the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties exclusively for you. The remaining amount of $350 + any agreed-upon additional travel fees must be paid date of the event. A $25 late fee will apply each day the payment has not been made in full after this deadline passes. No services will be made until full payment is made. No photos shall be released until full payment is made.  

2. Cancellation. If the client requests to amend or cancel this agreement, the retainer shall be applied to a mutually agreed upon reschedule date with an applied $50 fee. If the Client cancels this agreement or fails to show, at least 4 weeks prior to the date of the event, all payments made to Helen Rossy Photography shall be forfeited. The client understands and agrees that the Photographer will not book other sessions or weddings during this time. In the event that the Client cancels the session or fails to attend the Session Date for any reason, the Photographer shall suffer losses that are difficult to ascertain. The retainer will NOT be refunded due to the client’s error.

3. Rescheduling/Late Arrivals. In the event that the Client requests to reschedule their session, the retainer shall be applied to a rescheduled session if notice is given at least two weeks prior to the scheduled event. A $100 rescheduling fee will apply. The reschedule must be within the same calendar year. A new retainer will be made if a date change is made within one week before the original agreed-upon session date. Any Client that is late arriving at the session will have the amount of time allotted for the session.

4. Artistic Rights. The photographer retains the right of discretion in selecting the photographic materials released to the client.

5. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs. And previews shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client with 4 weeks of the session. When the online proofing gallery is delivered, it shall remain open for 30 days from the delivery date. Request for additional photographs or changes to images shall be made within 7 days following the delivery of the online gallery. The online gallery shall remain open for 30 days. If the Client requests to extend the time or reopen the gallery a $50 fee shall apply. Be advised that RAW files may be destroyed at any time after the online gallery has closed.

6. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.

7. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use, or authorize any reproductions by parties other than the photographer. The Client must act in accordance with this release.

8. Social Media. The Client may share blog post links, Instagram posts, and Facebook albums through the use of the share functions and dissemination of direct links, or in any other fashion, the photographer provides. Client shall not copy, screenshot, or capture the photographs in any other fashion (ex. Saving or screenshotting on Facebook/Instagram). The client must credit and tag Helen Rossy Photography in any posts or shares of their own.

 

9. The Client gives to Helen Rossy Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of themselves and/or their minor child in which he/she may be included with others:

a) To copyright the same in the photographer’s name or any other name that he/she may select;

b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;

By signing the contract the client releases and discharges the photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.

 

If the clients want to keep all photos private, he needs to inform Helen Rossy before the session. The $100 fee applies for such galleries. In this case, they will not be used by the photographer in any public galleries, social media, or portfolio. 

 

10. The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to photographed: taking time to pose for photographs at the Photographer's direction; pre-shoot consultation etc. The Photographer shall not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation.

 

11. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire casualty, strike, unsafe environment, threat, the act of God, or causes beyond the control of the Photographer, the Photographer will not be held liable for missing scheduled session coverage. Photographers will arrive at the session to the best of their abilities. If coverage and photographic services cannot be fulfilled by Helen Rossy or a replacement chosen at the discretion of the Photographer, 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 camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited. The limit of liability shall not exceed the contract price stated herein. Helen Rossy Photography will not be held responsible for any ruined photographs due to any cause in or outside Helen Rossy Photography’s control.

12. Substitute Photographer. The Photographer reserves the right to substitute with another photographer in the case of failure to perform as stated above. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism. 

13. Photographer’s Standard Price List. The charges in this agreement 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.

14. Limitation of Complaint. The client will have thirty days after gallery delivery to make Helen Rossy  Photography aware of any issue, discrepancy, technical problem, or any other complaint regarding photos, their quality, and contents, or anything relating to wedding day coverage. After this 30-day term has expired, Helen Rossy Photography will no longer be liable to the client for any corrections, damages, refunds, re-edits, or re-shoots. Re-edits after this term may be made if deemed appropriate by Helen Rossy Photography but the hourly fee of $100 for retouching will be billed with a minimum of one hour required.

16. Miscellany. This agreement incorporates the entire understanding of the parties. Any modifications of this Agreement 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 Agreement.

 

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