Terms & Conditions - Please Review This Contract
1.Service Overview
The Photographer agrees to provide pet photography services as outlined in this contract. The session will include:
30 minutes of on-location photography at a location agreed upon by both parties.
Professional editing of 10 images selected by the Client.
Delivery of high-resolution digital images as specified below.
2. Fees and Payment
The total fee for the photography session is $80 and is due upon signing this agreement at the time of booking.
3. Photo Delivery Timeline and Method
The Photographer will deliver the final edited images to the Client within 7 days after the photography session. The images will be delivered in the following manner:
Image Selection : The Photographer will pick 15-20 images that they will edit and show the Client who will then pick their final 10 images.
Digital Delivery: The images will be delivered via a secure online gallery or file-sharing service, where the Client can download the images in high-resolution format. The link to the online gallery will be provided via email to the Client.
The Photographer will notify the Client by email once the images are available for download. The online gallery will remain accessible for 14 days, during which the Client must download and save the images. After this period, the gallery will be archived, and a fee may be required to re-upload the images.
4. Client Ownership of Images
The Client will receive ownership of the delivered digital images. Ownership includes the right to print, share, and use the images for personal, non-commercial purposes.
5. Copyright and Usage Rights (Digital & Print Release)
The Photographer retains all copyrights to the images. The Client is granted a non-exclusive, perpetual license to use the images for personal purposes only. This includes:
Printing the images for personal use.
Sharing the images on social media and with family and friends.
The Client may not:
Sell, license, or commercially exploit the images. This includes using the images to promote the Client’s business (flyers, business cards etc).
Alter the images in any way without the Photographer’s written consent.
6. Model Release
The Client hereby grants the Photographer and his/her legal representatives and assigns the irrevocable and unrestricted right to use and publish photographs of the Client for editorial, trade, advertising, and any other purpose and in any manner and medium. The Client understands that these images may be used in the Photographer’s portfolio, website, social media, marketing materials, and other promotional mediums.
The Client waives the right to inspect or approve the final product(s), including written copy that may be created and appear in connection with the images.
The Client agrees that the images may be combined with other images, text, and graphics, and cropped, altered, or modified.
The Client acknowledges that they have no rights to the images, and all rights to the images belong to the Photographer and his/her legal representatives and assigns.
6. Pet Media Release
The Client grants the Photographer permission to use the images of their pet(s) for promotional purposes, including but not limited to, portfolio display, website, social media, and marketing materials.
7.Vaccination and Health Requirements
For the safety and well-being of all pets and humans involved, the Client agrees that their pet(s) are up-to-date on all vaccinations and are in good health at the time of the photography session.
The Client further confirms that their pet(s) have not shown any signs of illness, including but not limited to coughing, vomiting, diarrhea, or lethargy, within the 48 hours preceding the session.
If the Photographer observes any signs of illness or distress in the pet(s) during the session, the Photographer reserves the right to terminate the session immediately. In such cases, the session may be rescheduled at the Photographer’s discretion.
The Client acknowledges that failure to meet these health requirements may result in the cancellation of the session, and any deposit paid may be forfeited.
7. Liability
The Client is responsible for the safety of the Client’s pet(s) during the session and will take all reasonable steps to ensure both the Client and the pets stay safe.The Photographer is not responsible for any accidents, injuries, or damages that may occur.
8.Liability Limitation
The Client agrees that the Photographer’s total liability for any claim, breach, or damages by reason of any act or omission, including the loss of photographs or failure to perform as agreed, shall be limited to a refund of all payments made by the Client under this contract. In no event shall the Photographer be liable for any amount exceeding the total fees paid by the Client.
The Photographer is not responsible for any consequential, incidental, indirect, or special damages, including, but not limited to, loss of profits or income, even if the Photographer has been advised of the possibility of such damages.
In the unlikely event that the Photographer is unable to perform the services due to an emergency, illness, accident, or any other cause beyond the Photographer’s control, the Photographer will make every effort to reschedule the session. If a reschedule is not possible, the Photographer’s liability shall be limited to a full refund of all payments made by the Client under this contract.
If the photographs are lost, damaged, or destroyed for reasons within or beyond the Photographer’s control, the Photographer’s liability is limited to the return of all payments received for the event. The Photographer shall not be liable for any additional damages, emotional distress, or consequential losses claimed by the Client.
9. Cancellation and Rescheduling
No shows will not be refunded. To avoid a cancellation fee, please provide a cancellation notice at least 48 hours prior to your appointment or you will be charged the full price.
10. Force Majeure
Neither the Photographer nor the Client shall be liable for any failure to perform or delay in performing any of their obligations under this contract if such failure or delay is due to circumstances beyond their reasonable control (a "Force Majeure Event"). These circumstances include, but are not limited to, acts of God, war, terrorism, civil unrest, fire, flood, natural disasters, strikes, pandemics, government restrictions, and other emergencies or unforeseen circumstances.
In the event of a Force Majeure Event:
The Photographer will make every reasonable effort to reschedule the session to a mutually agreed-upon date.
If rescheduling is not possible, either party may terminate this contract without further obligation, and the Client will be entitled to a refund of any payments made, excluding any non-refundable deposits as specified in this contract.
The Client and Photographer agree to notify each other promptly upon becoming aware of any Force Majeure Event that may affect the ability to perform the session.
11. Entire Agreement
This agreement constitutes the entire agreement between the Photographer and the Client. No other agreements, oral or written, are considered a part of this contract unless agreed upon in writing and signed by both parties.
12. Governing Law
This agreement shall be governed by the laws of the State of Massachusetts.
By signing below, the Client agrees to the terms of this contract.