This contract is between the Photographer and the Client as detailed below:
Stars and Strobes Photography by Susana Toledo (referred to hereafter as "Photographer")
Your session fee includes:
- Pre-portrait consultation to bring forth ideas and input to ensure a successful session
- Session coverage (as described below for each session)
- Post-session image preparation and custom hand editing of 20-25 images
- In-Person Viewing & Ordering Appointment
- A high-definition slideshow of all edited images
- Your session fee does NOT include any printable digital files, but is applied to the price of the Collection you purchase. (Excluding Watch-Me-Grow Bundle Session) (A la Carte purchases are separate and additional to the session fee)
A. Session Fees
Client agrees to pay photographer a retainer at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. The balance is due at the time of the session fee. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and images (amount depending on session) to be stored in a digital backup. Additional editing is available at additional expense to be determined by photographer. Additional prints or digital images may be available for purchase. The cost of product is not included in the session fee.
B. Overtime Fees and Being Late
Each session has a designated amount of time and it is blocked off in Photographer's calendar give Client undivided attention and make sure Photographer gets all the details out of the time together. Please be considerate of the time and the other appointments and sessions that may be scheduled for the same day of the session. Please ensure to arrive 15 minutes before call time and/or on time to begin promptly. Beginning late due to Client's tardiness, will deduct from the block of time; working beyond the end of the block of time, there will be an additional fee of $65/30 minutes to be billed and must be paid before photos are edited and turned over.
B. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel within 30 minutes of Pembroke Pines, Fl. Any location outside of these limits will be subject to an additional charge of $.52/mile as part of the agreement.
If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 48 hours prior to their shoot without penalty. Should client fail to give 48 hours notice, or decide to completely cancel the shoot, this session retainer is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
D. Re-shoots / Refunds
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
After twelve (12) months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.
Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.
H. Model Release
I hereby give to Stars and Strobes Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my 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;
I hereby release and discharge 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.
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
J. Copyright & Penalty
Stars and Strobes Photography retains all copyrights to all images created during client’s session. A print release will be included with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Stars and Strobes Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
Note from photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them.
K. Print Fees
Prints are available either individually or in print packages. All prints include standard retouching and shipping through U.S. Postal Service. Prints and products generally ship via Priority Mail two to four weeks after Client's order has been paid in full. Rush printing and shipping can reduce delivery times by one to two weeks. A 50% rush fee is applied to the cost of each rush print. All print fees are subject to Florida 6% sales tax. Print and Print package pricing is set out in the info sheet.
L. Viewing Images
Images will be delivered 3 weeks after the date of the session. Images are revealed via slideshow at your Ordering Appointment. The content of the gallery is in discretion of Susana Toledo of Stars and Strobes Photography. Susana will select the best images and edit them to her discretion. Any further editing or culling will be subject to a fee.
M. Independent Contractor
This contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
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 contitutes an order for one portrait session with Stars and Strobes Photography by Susana Toledo.
*I love and appreciate any behind-the-scenes photos you'd like to share, but please ask before using cameras/camcorders/any type of recording device (this includes cell phone cameras) during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session, that had not been spoken about and/or agreed upon by all parties.
*Session starts at the agreed upon time. It is strongly encouraged that client arrives 15 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins.
*Please do not bring any children not being photographed to the session.
*Please make sure hair is combed and face is clean and free of runny noses or eyes.
*Please avoid eating or drinking red or orange food or drinks before session, as red and orange tend to leave a stain on the face.