Session Fees: Client agrees to pay the photographer a 50% retainer fee at the time of booking to secure their appointed date and time. This is a non-refundable retainer fee that goes towards your session. The remaining balance is due upon arrival of your session. The session fee covers the planning and portrait sessions. Prints and products are sold separately.
Location Costs & Fees: If a requested location has any costs/fees associated, you, the client, will be responsible for those fees. Creative fee covers travel within a 50-mile radius of Pembroke, NH. Any location outside of these limits will be subject to additional charges based on distance of travel.
Cancellation/Postponement: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, retainer fees are non-refundable. Deposits are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is appreciated. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
Cooperation/No Shows: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots. If Client and/or key individuals fail to appear to a scheduled portrait session, the 50% retainer is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional 25% deposit.
Reshoots: In the unlikely event that Client is completely dissatisfied with the final results, Photographer will reshoot the session at no additional charge one time. Re-shoots are determined at the discretion of the photographer. Re-shoots will not be offered for poor choices in clothing, make-up, hair, weather–related and behavioral issues or events that are beyond Photographer’s control.
Prints and Products: Print and product prices include the time and talent of the photographer for basic retouching and creative editing of images, as determined by the photographer. Photographer retains the right to edit the photographs as he sees fit based on experience and expertise and omit any image(s) that do not meet his standards. If requested, additional editing is available at an extra expense to be determined by the photographer.
Web-sized files are complimentary for easy sharing on social media sites. Depending on package options, images may be available for high resolution download with print release.
Digital Negatives, Prints, and Copyright: All images and copyrights are the property of Mulberry Creek Imagery by Aaron Baker (“Photographer”). In exchange for services provided, Photographer retains the exclusive right to copy, edit, and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client.
All photos created by Photographer are copyright protected. It is a violation of federal copyright law to copy, scan, screenshot, or allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Photographer’s express written permission. The client may print (on their own) their personal photographs with the written consent of Photographer only once in possession of the digital images. The negatives/digital files remain sole property of Photographer and will never be given or sold.
Photographer agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license. This license allows the client to do the following with the images: display the images; upload, email, or electronically transfer the images or files; and publish the images on personal websites or social media sites.
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY PHOTOGRAPHER
MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES
These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital medial without the Photographer’s permission. Violators of this Federal law will be subject to civil and criminal penalties.
Client’s Usage: Client is obtaining prints for personal use only and shall not sell said prints or authorize any reproductions by parties other than Photographer. Guidelines for personal usage are contained within the print release form provided. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Aaron Baker of Mulberry Creek Imagery” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
Facebook Sharing and Other Social Media: It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution photos to social media sites, only in the case that Mulberry Creek Imagery is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Mulberry Creek Imagery has uploaded to Facebook or their website, or from the low-resolution images offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.
You are permitted to click the “share” button on any photos posted to Mulberry Creek Imagery’s Facebook page. Sharing can NOT be done via screen shots of photos on Facebook.
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. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Liability: 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 the person and their business.
Care of prints and products: Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client.
Print Life: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
Changes to This Agreement: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client by the end of the session. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of weather or other cause beyond the control of the parties, Photographer shall still receive the total fees outlined in this Contract.
Payments: All payments are due in full unless payment arrangements have been made. Edits and orders will not be processed until payment in full is received. If client has arranged a payment plan, orders or edits will be completed after final payment is received.
No cameras/camcorders/any type of recording device (this includes cell phones) are allowed during the session.
Sessions start at agreed upon time. It is strongly encouraged for clients to arrive 15 minutes prior to the start of the session. In the event of a delay, please notify the photographer. Arriving late will cut into your contracted session time.
Please do not bring children who are not being photographed to the session.