Documentary Session Contract
ENTIRE AGREEMENT: This agreement has been freely negotiated and contains the entire understanding between Mother Bird Photography and the CLIENT. It supersedes all prior and simultaneous 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. Likewise, if any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
RESERVATION: A $50 booking fee is required to reserve the day and time of your session. This fee is non-refundable and is in addition to any session fees or products. Payment of this fee acts as a consent and agreement to the terms of this contract that will be signed during the consultation process or at the time of the session.
PAYMENT: the CLIENT will pay for their photography products after their session is completed, but before receiving their digital copies. The CLIENT agrees to a rate of $100 per session hour; $100 for any portion of the first hour, additional time rounded to the nearest half hour.
PRE-SESSION CONSULTATION: Both parties agree to a consultation before the session in order to discuss the session and CLIENT'S request list for specific photographs and preferences.
EXCLUSIVITY: Heather Clement of Mother Bird Photography shall be the only hired photographer for this event. Family members and friends are permitted to take photos. Mother Bird Photography is not to be held responsible for images missed due to family or friend interference.
COVERAGE: Coverage begins at the agreed upon time __________________________________ and continues for the prearranged amount of time_____________________. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to CLIENT.
LIGHTING: The photographer is a natural light photographer and will work with whatever light is available in the location. The photographer will provide no additional lighting or backdrops. The CLIENT will receive images that are unique to them in both composition and lighting, depending on what is available in the location.
STYLE: Mother Bird Photography Family Sessions are considered Life Style Sessions. The images provided will be composed to reflect the families most natural self and their uniqueness The CLIENT and their partner and children (if applicable) will be photographed at their best and most natural self, in a way that captures the emotions of family love. This will not be a studio style session. Personal items that are meaningful to the CLIENT can be included in the session. Props and unnatural poses will not be included in the session.
LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill to photograph the session, Mother Bird Photography will make every effort to work with the CLIENT to reschedule. If the situation should occur and a suitable time for reschedule is not found, responsibility and liability is limited to the return of all payments received for the newborn photography package. Mother Bird Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Mother Bird Photography's control, Mother Bird Photography’s liability is limited to the return of all payments received for the birth photography package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
COPYRIGHTS: The photographs produced by Mother Bird Photography are protected by Federal Copyright Law (all rights reserved). Upon receipt of the balance of payment, limited copyright ownership of the resulting images will be transferred to the client under the following conditions: The digital negatives or prints are the property of the CLIENT for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives and not to be used by the client for profit.
DIGITAL FILES: Upon receipt of a photo gallery via Pixieset service the CLIENT accepts all responsibility for archiving and protecting the photographs. Mother Bird Photography does not permanently archive image files. Mother Bird Photography is not responsible for the lifespan of any digital media provided or for any future changes. It is CLIENT'S responsibility to make sure that digital files are copied to new media as required.
MODEL RELEASE: The CLIENT hereby grants to Mother Bird Photography and its legal representatives and assigns the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases Mother Bird Photography and its legal representatives and assigns from all claims and liability relating to said photographs.
COMPLETION SCHEDULE: Digital processing takes approximately 1-2 weeks.
I have read and understand the terms above. I hereby agree to the terms of this agreement.
The photographs produced by Mother Bird Photography are protected by Federal Copyright Law