This agreement is between Juliana Leschinsky Photography LLC ("Photographer") and the signer of this Portrait Photography Agreement ("Client").
Session Fees and Details
Client agrees to pay Photographer a session fee of $200 (weekday shoot) or $250 (weekend shoot) at the time of booking to secure their appointment date and time. This is a non-refundable fee and is subject to New Jersey sales tax. Upon payment in full, Photographer will reserve the time and date agreed upon.
The session fee covers the Photographer's time and talent for up to 1.5 hours, a pre-session consultation and photo editing (e.g. color correction, cropping) of 15-20 photos hand-picked by the Photographer.
Client shall receive 5 web-quality photos (with Photographer watermark) for emailing and social media sharing. The session does not include prints or print-quality digital files which may be purchased separately. The session is limited to 4 members of Clien'ts immediate family. For addtional family members, a $25 per person fee shall apply and Client must notify Photographer at the time of booking.
Proofing and Ordering
Once Client’s images are selected and fully edited as per Photographer’s artistic discretion, Client will be able to view and purchase their photos in a password protected online gallery. This gallery will be online for 30 days from the day that Photographer gives Client access to the gallery. If Client wishes to maintain the gallery beyond the 30 day period, a $25 hosting fee will apply for each additional 30 day period.
Photographer does not release raw, unedited images, since these are not considered to be a finished product. Any additional editing shall be billed separately at Photographer's then-current fee schedule (current fee schedule is available upon request).
Upon Client receiving any print(s) ordered, any print issues (e.g. damage during shipping, discoloration of photo, missing items) must be reported to Photographer within 7 days of receiving the print(s). Order corrections will not be handled after the 7 day time period.
Rescheduling
Client understands that by entering into this agreement, Photographer may be foregoing other photographic jobs. If an illness or situation prevents a photo session from taking place, Client may reschedule their session at least 24 hours prior to their shoot without penalty. Should Client fail to give 24 hours notice or decide to completely cancel the shoot, the session fee will be forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond Photographer's 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 other cameras may cause, 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 session fee shall be forfeited.
Copyright
Photographer retains the sole and exclusive copyright to all images (including digital files). It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties. Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The Photographer retains these rights even if the image files or prints are turned over to Client.
If purchasing Hi-Resolution images on any medium (e.g. CD, DVD, flash drive) and/or via online download (e.g. email, website), Client may request a release from Photographer to make personal copies of the images. Client understands that the images provided to them cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.
Model Release
Client grants to Photographer and Photographer's legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child(ren), 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.
Expenses
Any costs or fees associated with the chosen photo shoot location will be the responsibility of Client. This includes but is not limited to parking, location fees and permits. Any shoot that is more than 30 miles of Long Branch, NJ will be subject to travel fees and will be determined once the location is chosen.
Liability
Client is responsible for their and their families' safety and actions while at the location of the portrait session. Photographer is not responsible for any liability, accidents, illnesses, damage or loss to person or property that may result from the photography session itself or anything related to the photography location.
If the Photographer or Photographer's assigns cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, and the Photographer is unable to reschedule the session, then the Photographer will return the session fee but shall have no further liability with respect to this agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, flash memory card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer.
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 Client releases Photographer from any and all liability for any claims whatsoever based upon fading or discoloration of any photographs.
Image Storage
Ordered images will remain on file for one year from the date of the portrait session. Unordered images will be purged after 60 days from the date of the first viewing.
This agreement constitutes the entire understanding between Photographer and Client and is governed by the laws of the state of New Jersey.
I have read, understand and agree to be bound by all terms and conditions of this agreement.