Photography Session Contract and Policies

Photography Session Contract

This document is a contractual agreement made between Jamie A. Austin Photography LLC

(referred to hereafter as “Photographer”) and the Client.

Client: ______________________________________________ Email: _______________________________________________

Address: _____________________________________________________ (Email is used to deliver online gallery links. Please print neatly.)

Phone Preference: Call / Text / Either : _______________________________________________________

Who will be photographed: Name (Please list last names if different from Client) and Age of Children:

_____________________________ ___________________________ _____________________________

Session Details:

Date and Time:______________________________________________________________________________

Session Purpose:_____________________________________________________________________________

Location:_____________________________________________________________________________________

Event (if applicable):_____________________________________________________________________________

Session Fees: A standard 60-minute session is $100. Additional time is $25 per 15 minutes. Half sessions can be scheduled if the photographer feels quality results can be accomplished in that time. This is dependent on the session purpose and type. A half session is $60 for up to 30 minutes. Events, special offers and custom sessions are priced as advertised. Some sessions/events may require a nonrefundable deposit to hold the date. Unless included in a special offer or event; all images and collections (print, digital, other) are purchased separately after choosing desired images from the online proof gallery post session.

The session fee covers the photographers, time, talent, consultations, scouting, basic retouching, and artistic image treatments at the photographer’s discretion.

____ ___ ________ (Initial) Client agrees to pay photographer $____________ for _____________________session/event which is due at the

end of your session.

____________(Initial) Client agrees to pay photographer $25 per each additional 15 minutes.

____________ Additional minutes for a total of $_______________.

A nonrefundable deposit of $____________ is required to hold your date and time. The balance is due at the end of your session. In the event your session needs rescheduled, the deposit will be applied to the new session date.

Travel and associated costs: Locations further than 30 minutes from the photographer’s studio may incur a cost to cover travel expenses. Any parking or entrance fees are the client’s responsibility.

___________ (Initial) Travel/ancillary fees $_____________ for ______________________________________

Image Fees: All images and collections are purchased after the session unless included in a package, special offer or event as discussed during booking.

____________ (Initial) Your session includes ___________ images in _______________________________________ format.

Image prices can be found on the photographer’s website https://www.jaaphotography.com/collections-and-prints or you may request a pricing sheet.

Retouching: Basic and most artistic editing is included in the session cost. This work is only applied to images the client plans to order. The proof gallery images are unedited. Complex editing such as (but not limited to) switching heads, difficult object removals, or creating composites will be a chargeable service of $35 per hour. Photographer has the right to refuse any retouching requests. The photographer retains the right to edit and retouch all photographs in a manner she deems best based on experience, expertise, and the photographer’s style. The photographer will do her best to achieve requested styles and effects but cannot guarantee exact likeness to sample works.

Quality is taken very seriously by Photographer and is never sacrificed. Images received from Jamie A. Austin Photography LLC may NOT be altered by Client in any way. This includes but is not limited to: turning color images to black and white, adding text, cropping, or color accenting. Photographs are hand edited to Photographer's standards and reflect on the artist. Unedited images will not be given to the client or third party under any circumstance

Custom Work: Custom requests are welcomed and will be priced individually depending on estimated time and difficulty levels.

Reshoots and Reedits: In the unlikely event that Client is completely dissatisfied with the session results, Photographer will reshoot the session at no additional charge one time. Client is then able to order images from the second portrait session only. If the Client should be unsatisfied with the results of the second session, all monies paid will be refunded and the Client will not retain any of the images. The Photographer will still have all rights to the images of the session as set forth in this Agreement.

The client’s satisfaction is very important to the photographer. In the event the Client is not happy with edits, retouching or image treatment, all reasonable efforts will be made to correct and change the results.

Reshoots and or reedits must be discussed within 30 days of receiving the proofs or completed images. Claims and requests made after 30 days may not be considered. Decisions to reshoot or rework images are determined solely by the photographer. Reshoots and refunds will not be given for poor choices of clothing, makeup, or hair related issues or by not following the recommendations of the

photographer.

Cooperation/No Shows/ Late Arrivals: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during photo 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, and hinders Photographer’s ability to obtain quality shots. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.

Failure to Perform: If the Photographer is unable to perform this agreement due to illness, emergency, fire casualty, strike, unsafe environment, threat, act of God or causes beyond the control of the Photographer, the Photographer will not be held liable for missing scheduled session coverage. Photographer will arrive to the session at the best of their abilities. If coverage and photographic services cannot be fulfilled, Photographer shall return the retainer 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. The limit of liability shall not exceed the contract price stated herein. Jamie A. Austin Photography LLC will not be held responsible for any ruined photographs due to any cause in or outside Jamie A. Austin Photography LLC's control.

Cancellations/Reschedules: 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, the amounts paid are non-refundable. Deposits are transferable if a date change is necessary. A 48-hour notice of postponements or cancellations is appreciated.

Image Delivery: All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online gallery proofing website. Gallery proofs shall be available to the Client within 2-3 weeks of the session. When the online proofing gallery and completed edited gallery is delivered, it shall remain open for six (6) months from delivery date. The Photographer is not obligated to maintain galleries after the six (6) month period. Finalized images are hi-resolution digital files and are delivered via the online site. You may download via computer only through this site. The price for the digital files is not refundable once delivered, and is not adjustable per client. Images may be placed on a USB for an additional charge.

Print /Product quality and life: All prints and products are made using the finished edited image. Client is aware that color dyes and inks in non-archival 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 when prints are not purchased from photographer. Prints purchased from the photographer are created by a third-party vendor using high quality archival papers and inks. Keep in mind that color, contrast and brightness variations may occur due to differences in monitors and screens Please contact the photographer with quality issues of photographs ordered from the Photographer.

Archival: Client images will remain on file for one (1) year from the date of the portrait session. After one (1) year, images may be purged from photographer’s harddrive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. It is Client’s responsibility to keep several copies of any CDs/DVDs/USBs and digital formats in more than one location, and back the images up on another format such as a hard drive. Once the images are in the hands of the client, it is the client’s responsibility to back up and save the images.

Copy Right / Image Usage: The Photographer owns the copyright for 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. 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 in this manner and shall indemnify and defend the Photographer in the event of litigation arising out of such use. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.

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

Model Release: In consideration of the engagement as a model Myself (Client) and any person or minor named above, and for other good and valuable consideration that I acknowledge as having received, I hereby grant the following rights and permissions to Jamie Austin and Jamie A. Austin Photography LLC ("Photographer"), his/her legal representatives and assigns, those for whom Photographer is acting, and those acting with his/her authority and permission. They have the absolute right and permission to take, use, reuse, publish, and republish photographic portraits or pictures of the Client, listed persons and minor(s) or in which the Client, persons listed and minor(s) may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with the Clients, persons listed of minor's own or a fictitious name, or reproductions of such photographs in color or otherwise, made through any medium at Photographer's studios or elsewhere, and in any and all media now or hereafter known, including the internet, for art, advertising, trade, or any other purpose whatsoever. I consent to the use of any published matter in conjunction with such photographs. I also consent that images may be used without additional compensation to the undersigned. Client grants Photographer permission to display selected images resulting from this session as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.

I hereby warrant that I am a legal competent adult and a parent or legally appointed guardian of any minor(s), and that I have every right to contract for the minor(s) in the above regard. I state further that I have read the above authorization, release, and agreement, prior to its execution, and that I am fully familiar with the contents of it. This release shall be binding upon the minor(s) and me, listed persons and our respective heirs, legal representatives, and assigns.

_______________________________ (Signature)

**Please make note if you prefer images of Client and/or listed persons NOT be used in any specific manner. _______________________________________________________________________________________________________________________

_______________________________________________________________________________________________________________________

Social Media / Sneak Peeks: Photographer may post and share images from sessions to Jamie A. Austin Photography LLC’s social media accounts to share sneak peeks with clients and as portfolio samples for her work. The Client may share blog post links, Instagram posts, and Facebook albums though use of the share functions and dissemination of direct links, or in any other fashion the photographer provides. Client shall not copy, screenshot, or capture the photographs in any other fashion (ex. Saving or screenshotting on Facebook/Instagram). Photographer kindly asks that Client credit/tag Jamie A. Austin Photography LLC in any posts or shares of their own. Client further understands and agrees that their or their child’s name and identity may be revealed in text or commentary in connection with the image(s).

I would like to be tagged in social media posts when possible. I am on (list platforms) _______________________________

My name on the account is (list in same order as platform mentioned) ______________________________________________

__________________ (Initial) By providing this information I give Jamie A. Austin permission to tag me in posts and make friend requests when needed. By allowing Photographer to tag Client, Client agrees that first names may be used in descriptions by Photographer. Client MUST notify Photographer if they have special preferences or requests.

Liability Waiver: Jamie Austin and/or Jamie A. Austin Photography LLC is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release Jamie Austin, Jamie A. Austin Photography LLC, employees and/or volunteers, representatives, agents, and the activity holders, sponsors, and volunteers, land owners, property owners, building owners and anyone associated with ownership and/or management of location of photography and/or videography, from any claims against their person or their business.
I HEREBY ASSUME ALL THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity.

(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Jamie A. Austin Photography LLC, Jamie Austin, employees and/or volunteers, representatives, agents, and the activity holders, sponsors, and volunteers, land owners, property owners, building owners and anyone associated with ownership and/or management of location of photography and/or videography.
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this, and the above paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
I acknowledge that Jamie A. Austin Photography LLC and their directors, officers, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers, land owners, property owners, building owners and anyone associated with ownership and/or management of location of photography and/or videography are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
I acknowledge that this activity may carry with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, wildlife, livestock and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers.

I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.

PARENT / GUARDIAN WAIVER FOR MINORS (Under 18 years old)
The undersigned parent and natural guardian does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child or ward’s participation in the activity or event, and has agreed individually and on behalf of the child or ward, to the terms of the accident waiver and release of liability set forth above. The undersigned parent or guardian further agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.

The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

Getting the Shots: The Client(s) will be responsible for creating an Event/Session Guide, if desired. It is not mandatory but highly recommended. The role of the Session Guide is to identify people/objects of whom/which specific photographs are desired, as well as to make certain that these subjects are available when needed. It is the Clients responsibility to determine who and what are to be in the photos, where they want the session to take place and the desired style. It is recommended that the client(s) develop a list of desired poses, locations and subjects (family and friends; items; etc.) and share this with the photographer 1 weeks before the session if desired. The Photographer will NOT be held accountable for not capturing desired photographs if there is no one to assist in identifying or gathering people/items/locations for the photograph(s).

Jamie A. Austin Photography is more than happy to assist with creating location suggestions, outfit options and other creative ideas. In person or phone consultations can be set up and are free! It is encouraged to share any and all ideas on poses, style, clothing verbally or with sample photos!

Session Tips: To ensure the success of your session, consider the following suggestions.

Take advantage of the free consultations
Create a session guide (see “Getting the Shots”)
Arrive 10 minutes early
Have outfits prepared and coordinated in advanced, giving enough time to shop or ask questions if needed.
Discuss ideas and desired session outcome at least 1 week in advanced, giving the Photographer time to prepare.
Have hair and make up done before arriving at the session. Bring hair supplies for touch ups or hair changes.
Bring makeup for touchups and blotting paper to reduce shine for longer or outdoor sessions
Make sure nails (fingers and toes is applicable) are clean and polish is not chipped.
Remove any unwanted elements like hair ties on wrists, temporary tattoos or stickers
Clean mouths and noses
Avoid eating messy foods or foods that stain mouths odd colors such as red or orange drinks etc.
Come relaxed and ready to have fun!

I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREEWILL.

Client Signature ____________________________________________________ Date _______________________