CLIENT CONTRACT

By accepting the terms and conditions at the time of booking you agree to the following client contract which will be presented in hard copy for signature at the commencement of your session prior to any work taking place by the photographer

Model release

This agreement also constitutes a model release for the subjects stated on this booking agreement and permits the use of images by My Precious Moments Photography for advertising, promotion and client viewing purposes. This includes but is not limited to social media sites. By agreeing to this contract, you the parent or legal guardian, agree that the images from your session may be, but not limited to: posted on social media, brochures, business cards, any & all branding by My Precious Moments Photography. By submitting this agreement, you agree you are the parent or legal guardian of the child(ren) stated on the booking agreement and agree to these conditions of use.

Booking Fee

A non-refundable $50 deposit is payable to My Precious Moments Photography at the time of booking to secure the session date. Dates are not secured until the deposit has been paid and will be released within 48 hours if payment of the deposit has not been made. Payments are accepted through direct deposit,Cash or PayPal (PayPal also accepts debit cards, Mastercard and visa). Please note a 3% surcharge will apply to the client for PayPal transactions.  No surcharge applies for direct deposit or cash.  The deposit is not an additional charge, it is however non-refundable and will be deducted on the completion of work, from the total balance of your outstanding amount.  This is to compensate the photographer for loss of income in the event of last minute cancellations or no shows. If you need to cancel your shoot, please provide as much notice as possible so your session can be re-allocated to someone else.  Last minute cancellations as a result of extreme extenuating circumstances beyond the clients control will be considered at the discretion of the photographer for a re-scheduled shoot.  If however, My Precious Moments Photography is unable to perform pursuant to the terms of the contract due to illness or any avoidable or unavoidable action, the booking fee shall be refunded or the session would be rescheduled.

Payment

No digital images, prints or products will be provided until payment is paid in full. Payment in full is required on the day of the session. Failure to settle the account within these terms without agreement with the photographer or a written payment plan will result in legal debt recovery.  Payments are accepted through direct deposit, cash or PayPal (master card and visa are accepted by PayPal). Please note the client will incur a 3% surcharge fee for transactions made via PayPal. There is no surcharge for direct deposits or cash.

Payments via Direct Deposit:

MY PRECIOUS MOMENTS PHOTOGRAPHY

BSB 032-778 ACC 533808

Please quote YOUR NAME in the description.

Conditions of hire

    1. My Precious Moments Photography strives to deliver an adequate number of portraits from each session.  In some rare circumstances, this will not always be possible. Many factors contribute to this, including the cooperativeness of the subject or lateness.
    2. The photographer makes no guarantee with respect to any issue of quality, type, style, number of photographs, visual or artistic appearance of the final product. Every effort will be made to ensure that the client(s) receive the highest possible quality product. The photographer makes no guarantee with respect to the quality, appearance or longevity of any printed product, and only those guarantees made by the manufacturer of said product(s).
    3. No raw or unedited images will be provided. Images will be selected by My Precious Moments Photography based on variety, technical quality, accuracy of focus, composition, lighting and emotion conveyed. Images will be presented for client proofing initially in low resolution watermarked form in a private online client gallery. The number of images edited and presented corresponds to the package selected. Not all images are presented. Final images are carefully processed and hand edited to the Photographers artistic satisfaction. Requests for further editing based on personal taste/style that are unrelated to a flaw caused by the editing process itself (ie: a stray brush mark, part of a background unfilled) is charged to the client at $50 per hour. By accepting delivery of the high resolution and web resolution images you are agreeing to the delivery of your final product. Requests for changes after this time will not be accepted.
    4. Unless otherwise agreed to in writing, the styling of your session, style of photography and style of editing is determined by the photographer. It is therefore important to ensure the photographers style is to your taste prior to booking. Any special requests for styling or variations to the photographers type of editing must be communicated in the booking agreement at the time of booking.
    5. Photography or video other than by My Precious Moments Photography is strictly prohibited during your session.  This includes but is not limited to mobile device photos and video.
    6. Your session will commence at the agreed time.  If you are running late please be courteous and call ahead with your estimated arrival time.  The photographer makes no guarantee with respect to the number of photographs that can be obtained in the remaining time due to lateness.
    7. Security CCTV cameras monitor the studio. Disrespectful behavior, verbal or physical aggression towards the photographer or other attendees will not be tolerated and My Precious Moments Photography reserves the right to discontinue a session under these circumstances without refund. No re-booking will be taken.
    8. Under normal circumstances, client proofs will be made available for proofing approximately within 20 business days following your session via a private online gallery, in most cases between 5-10 days. Clients have 14 business days to download the images before the gallery is disabled. Gallery re-activation after this date will incur a $80.00 fee.
    9. All digital files remain the sole property of My Precious Moments Photography. My Precious Moments Photography retains the copyright to all images. It is against copyright to scan, screen capture, reprint or reproduce my work without license to do so.  All digital packages come with a print release for personal non-commercial reproduction via print exclusive to the client listed on this agreement, meaning the client can have the photo’s printed at a lab of choice, but not alter them from their original delivery form, or sell them. Alteration also includes applying text or filters over the top of images. We recommend ordering quality prints from My Precious Moments Photography that are printed to a professional standard on quality materials and correctly colour matched through a professional lab. An online publication release is provided for the duplicate watermarked images.  Clients may publish the duplicate watermarked web resolution images on the internet but not remove the watermark, alter them from their original delivery form. Alteration also includes includes applying text or filters over the top of images. Publication of non-watermarked images to social media or the internet without the expressed consent of the artist is a breech of copyright.  Screen capturing my work from the internet or client gallery (including client proofs) is regarded as reproduction without consent and is theft. A copyright infringement notice will be issued with the possibility of further action if copyright is breached.

SUMMARY 

      1. This agreement also constitutes a model release for the subjects stated on this agreement.
      2. The Client named and accepting/signing this Agreement is the Parent or Legal Guardian of any minors under the age of 18 years named on this Agreement to be photographed.
      3. Session fees and print prices in effect at the time of session booking will apply.
      4. The booking fee is non-refundable due to cancellation or no-show; cancellation with at least 2 weeks prior notification may be re-scheduled at no additional charge. Payment in full is required on the day of the session. Failure to settle the account within these terms without a formal written agreement or payment plan will result in legal debt recovery.
      5. The session will take up to 3 hours for newborns, 45 minutes for Mini Sessions and up to 90 minutes for all other sessions at the Photographer’s discretion and determined by the number, age and degree of co-operation of the subjects. Additional time is chargeable at $50.00 per half hour.
      6. The best photographs will be selected at the Photographer’s discretion and carefully processed and hand edited to the Photographers artistic satisfaction. Photographs that do not meet the Photographers technical and artistic requirements duplicate or unflattering images are deleted from the system.
      7. By accepting delivery of your high resolution and web resolution images you agree that all transactions are final and no variations to the delivery of your preview gallery are required.
      8. Under normal circumstances the final images will be made available in a private online viewing gallery approximately 20 business days after the session date (Usually from 7 to 10 days).
      9. Full copyright and ownership for all digital files and re-touched images remains with the Photographer/ My Precious Moments Photography. Photographs may not be altered, scanned, reprinted, edited.
      10.  Only digital images provided and watermarked by the Photographer/ My Precious Moments Photography may be shared online by email, on websites, Facebook etc. Web size images are provided free of charge with every photograph purchased and are optimized during the editing process for this purpose.  Unless you have purchased full copyright it is illegal to remove the watermark, alter them from their original form, sell them for profit, apply text or filters over the top.
      11. The photographer/ My Precious Moments Photography reserves the right to use and display photographs for publicity, advertising, promotional, marketing, portfolio and competition purposes in print and on the internet.
      12. In the event the Photographer/ My Precious Moments Photography cannot perform this Agreement due to any casualty, technical malfunction, illness, act of nature or any other cause, the client may elect to reschedule their session or have any booking fee already paid returned in full and the Photographer/ My Precious Moments Photography shall have no further liability with respect to the Agreement.
      13. Any changes or alterations to this Agreement must be agreed upon by both parties in writing and attached to this Agreement. Submitting this agreement constitutes full understanding and agreement to the Terms and Conditions as stated herein.