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Beautiful Stories Photography Contract

**Please fill in the following information and read the entire agreement carefully. Once completed, please e-sign the agreement & check the box stating that you have read and agree to the terms of this photography Contract. Please print a copy of this Contract for your records. 

This agreement is between the Client, whose name and address is listed below, and Beautiful Stories Photography, here on out referred to as the Photographer.

1. Retainer and Fees. The Client shall make a non-refundable payment of the entire session fee before the session date. Upon payment, Photographer will reserve the time and date agreed upon by both parties exclusively for you. 

2. Cancellation. If Client requests to cancel this agreement 1 week before the session date, the session fee shall be applied to a mutually agreed upon reschedule date (must be rescheduled that same calendar year.. If Client cancels this agreement less than 1 week before the session date, the session fee shall be forfeited.  Last minute "emergency" cancellations due to illness will be given special consideration and potentially given an opportunity for rescheduling. In the event of illness or emergency on the photographer's behalf, the client will be given an alternate session date or full refund.

3. Session Policies. Sessions will begin at the agreed-upon start time. Plan to arrive/be ready 10-15 minutes EARLY. Due to time constraints, sessions will be shortened appropriately in the event of late arrivals. Sessions are limited to immediate family members only. All full sessions are up to 60 minutes in length. An online gallery of your photos will be delivered within 3 weeks of your session date and will be active for 1 week after it’s post date.

4. Rescheduling/ Late Arrivals. In the event that the Client requests to reschedule a session, the session fee shall be applied towards a rescheduled session if notice is given at least 1 week prior to the session. Rescheduled sessions must be within the same calendar year. Any Client that arrives late to the session will have the amount of time late deducted from the time allotted for the session.

5. Creative License. Images are edited at the Photographer’s discretion, and delivered images may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.

6. Intellectual Property. All images are copyrighted by Beautiful Stories Photography. You may post any delivered images on social networking sites (Facebook, Instagram, etc…) and/or personal websites and blogs. Because we retain the copyright to every image, you may not use them for advertising or other revenue-producing purposes without express permission.

7. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio.  It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.

8. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial and sale use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print license, the Client must act in accordance with that license.

9. Social Media. The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. 

10. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall refund the session fee to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited to re-shoot.

11. Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

12.  Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

13.  Indemnification. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events, either on location, or on Photographer’s property. Client(s) will be responsible for themselves and their children and release Photographer from their person or their business.

Model Release. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait session. Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client and All Persons included in portrait session, for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.

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