Portrait Session Contract

Name *
Address *
Session Date *
Session Date
Scheduling & Cancellation Policy *
Sessions will be scheduled at a time and location mutually agreed upon by Client and Bri Yankowski Photography. Bri Yankowski Photography reserves the right to schedule times and locations based upon business, artistic, and/or technical needs. All efforts will be made by Bri Yankowski Photography to keep the scheduled time and date. Should Bri Yankowski Photography have to cancel a session, and alternative arrangements for the Session cannot be agreed upon, the full retainer will be returned to Client. Client agrees that non-emergency cancellations require 24 hours notice. Every effort will be made to reschedule cancelled Sessions. Because of limited availability of Session times, non-emergency cancellations will not result in a return of the retainer. Retainer may be transferred to a rescheduled session. Client will forfeit any retainer not applied to a rescheduled session. Any non-emergency cancellation received less than 24 hours before the session will require a $25 rebooking fee in addition to the retainer. Client agrees that failure to appear at the scheduled time and location without advanced notice will result in an automatic forfeiture of retainer. In order to reschedule in the event of a failure to appear, the Client will be required to pay a second retainer. Only one such retainer will be credited toward the Session Fee. If, in the sole opinion of Bri Yankowski Photography, inclement weather or adverse conditions prevent creation of a portrait meeting Bri Yankowski Photography's artistic standards, Bri Yankowski Photography retains the sole right to elect an alternative location or date for the Session. In the event that such conditions prevent a Session, Client and Bri Yankowski Photography will mutually agree upon an alternative date and time.
Files & Copyright Information *
The copyright to all images remains the sole property of Bri Yankowski Photography, and all copyrights are protected by federal law. Each Session will result in at least 15-25 edited images. These edited images will be available 4-5 weeks after the Session has taken place. If images will need expedited, such issues must be discussed and agreed upon by Bri Yankowski Photography no later than the time of the Session. High-resolution digital copies of images will be accompanied by a limited use license, allowing Client to print high-resolution digital images for personal use only. Any alteration of digital files (including filters such as those on Instagram) or printing without a release is a violation of Bri Yankowski Photography's copyright to the images. Client agrees not to print without a release or alter any digital images. Any commercial use of Bri Yankowski Photography's images by Client must be covered in a separate agreement. Nothing in this agreement is intended to allow commercial use of Bri Yankowski Photography's images by Client. Under no circumstances will Bri Yankowski Photography release RAW and/or unedited files to Client.
Artistic Vision *
Part of what Client pays for is Bri Yankowski Photography's artistic vision. This means that Bri Yankowski Photography retains the sole discretion to choose which photos will be included in the gallery. This also means that Bri Yankowski Photography maintains sole discretion over locations, poses, and editing of images. Bri Yankowski Photography welcomes Client input before and during a photography Session, but retains the final word on all aspects of the Session and final images. Bri Yankowski Photography retains no liability for failure to get specific images, regardless of the requests of Client.
Non Liability for Child Behavior *
Bri Yankowski Photography understands that sometimes, children just have a bad day and do not want their pictures taken. Every effort will be made to get a full session's worth of photographs (18-20 final images) despite the behavior of Client's child/children. However, Bri Yankowski Photography assumes no liability for inability to get an entire session's worth of photos, or any specifically requested photos, due to a child's behavior. In the event that behavior of a child results in less than an entire session's worth of photos, an additional mini-session can be scheduled for an additional cost to the Client. Bri Yankowski Photography maintains full discretion to stop a session and refuse to shoot further photos if children act in a manner potentially harmful to equipment, themselves, or the photographer. In the event of such a cessation, the entire Session Fee and Deposit are forfeited and no images will be provided. The Session will not be rescheduled. Any damage to equipment and/or studio caused by unruly children will be the sole responsibility of the Client. Bri YankowskiPhotography maintains the right to charge client for the full replacement value of any damaged equipment, including but not limited to cameras, lenses, flashes, strobes, lighting accessories, backdrops, props, etc.
Limitation of Liability *
In the event that Bri Yankowski Photography cannot perform any provisions of this contract due to images being damaged in processing, lost through camera, computer, or other media malfunction, or otherwise lost or damaged without fault of Bri Yankowski Photography, any amount paid to photographer shall be returned to Client. Bri Yankowski Photography shall have no further liability with respect to this contract. In the event that Bri Yankowski Photography fails to perform for any other reason, Bri Yankowski Photography shall not be liable for any amount in excess of all monies paid.
Product Failures *
Client is aware that color dyes and inks in photography may fade or discolor over time due to the inherent qualities of dyes and inks, and that digital files may become corrupt after the passage of time. Client releases Bri Yankowski Photography from any and all liability for any claims whatsover based upon fading or discoloration of products or corruption of digital files. Further, Bri Yankowski Photography cannot guarantee color accuracy of any images printed from outside sources.
Payment & Refunds *
The Client will pay Bri Yankowski Photography the total fee specified in the invoice they receive from Bri Yankowski Photography. For photography sessions beyond 25 miles of the city limits of Vermilion, Ohio, the Client is responsible to pay a $25 travel fee. The total fee presented on Bri Yankowski Photography’s Invoice to the Client must be paid within 72 hours of the designated session date and time. No refunds will be issued after the session is completed. If client requests a refund before the session date, all monies paid minus the 40% retainer will be refunded. Re-shoots are at the photographers discretion.
Exhibition *
Client grants Bri Yankowski Photography permission to display selected images resulting from this assignment as an example of Bri yankowski Photography’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
General *
This contract represents the entire agreement between Client and Bri Yankowski Photography and supercedes any prior agreements. Any amendments to this agreement must be in writing and agreed upon by both parties. Any dispute arising under or in connection with this agreement shall be subject to the laws of Ohio, and if neither party demands arbitration, shall be subject to the exclusive jurisdiction of federal and state courts in Lorain County, Ohio. If any provision of this contract is held unenforceable, such provision shall be severed from the agreement and the remaining provisions shall remain in full force and effect. The failure by one party to require performance of any provision shall not effect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Signature *
I have read and understand this agreement, including the terms and conditions, and by typing my name in the box below I agree to be bound the contents of this agreement.