TERMS & CONDITIONS:
This is an agreement between Sheri Vitullo Photography, (“Photographer”), and the above named Client (“Client”), outlining the terms and conditions of the above mentioned Portrait Session (“Session”) and use of all product (“Images”) from the Session.
• A non-refundable session fee of $250.00 is due at the time of booking in which you will be invoiced through PayPal, where you have the option of paying by debit or most major credit cards. Cash or check is also an acceptable form of payment. This session fee secures your date and is non-refundable should you no longer require photographer’s services. No amount of monies paid to photographer are refundable unless photographer experiences an emergency that renders her unable to provide the agreed services.
• Only the person being photographed may attend the session; provided, however, that in the case of children, up to two parents may also attend. Parents attending session are kindly asked to adhere to any instructions from the photographer and to refrain from interfering with the photographer’s work. Personal assistants, nannies, caregivers, friends and siblings may not attend sessions unless they are being photographed. ABSOLUTELY NO PHOTOGRAPHIC, VIDEO, FILM, DIGITAL, TAPE, CASSETTE OR RECORDING DEVICES OF ANY KIND ARE PERMITTED DURING A SESSION.
• CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the Session by Client, the session fee is non-refundable & may be rescheduled by Client once. Session fees are transferable if a date change is necessary. In the event of a cancellation, your session fee will be honored for 30 days. 48 hours notice of postponements or cancellations is required.
• WEATHER: If it is not possible for the Session to take place on the scheduled day and time due to increment weather, Photographer and/or Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
• COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during the Session or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to the Session, under no circumstances will the session fee be refunded.
• RESHOOTS: In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will reshoot at a 50% discount from the original session fee. Client is then able to order Images from the second shoot only. In the unlikely event that the finished product from the Session is unusable due to technical problems (i.e. camera failure), Photographer will reshoot at no additional charge on an agreed date at the earliest date possible, with no additional charge.
• COPYRIGHT: All images and rights herein, including copyright, remain the sole and exclusive property of Photographer and may be used as advertising, display or any purpose thought proper by Photographer without additional compensation to Client. Unless otherwise provided herein, any grant of rights from Photographer to Client is limited to the private and personal use of photographic material purchased by Client.
• ARBITRATION: Any dispute arising from this agreement shall be arbitrated in Kitsap County, Washington. Client agrees that damages arising from the substance of this agreement will at no time exceed the amount of the Session Fee amount and recovery for damages will be limited to the amount of the Session Fee amount. Client hereby expressly consents to the jurisdiction of the Washington District Courts.
• LIMIT OF LIABILITY: Sheri Vitullo Photography takes the utmost care with respect to the exposure, retouching and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received or a reshoot can be scheduled at no additional cost. In the unlikely event that Photographer is injured or becomes too ill to attend the Session, Photographer will make every effort to reschedule to the earliest possible date agreed upon by both parties. Photographer is not responsible or liable for any failure to provide any services due to any act of God, weather event, act of government or any other occurrence, act or event which is outside of Photographer’s control. In addition, Photographer shall not be responsible for equipment failure or the failure of any software or other computer or electronic medium which results in any damage to any proofs, digital negatives, prints or photos or which result in the inability to print of duplicate any of the foregoing.
• CLIENT’S USAGE: Client is obtaining prints for personal use only, and agrees to not sell or enter said Images into any contest or authorize any reproductions by parties other than Photographer, unless written consent from Photographer has been obtained. A credit line which reads “© Sheri Vitullo Photography” in type no smaller than that of related text must appear adjacent to or within all permitted published photographs.
• MODEL RELEASE: Client hereby gives the Photographer and the Photographer’s heirs, legal representatives, and assigns the irrevocable, perpetual, world-wide right to license the Images taken as part of the Session or Sessions described in this Agreement in any media (including among others: digital, electronic, print, television and film) and for any purpose (including among others: advertising, promotion, marketing and packaging for any product or service but excluding pornographic or defamatory). Client agrees that Images may be cropped, altered or modified. Client agrees that Images may be incorporated with other content (including among others: images, text, graphics, film, audio, audio-visual works) and Client waives any right to inspect or approve such use of the content.
• EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment 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.
• HOLD HARMLESS: Client agrees to release and hold harmless Photographer, Photographer’s heirs and legal representatives (hereafter referred as “Released Parties”), from all claims of personal injury or property damage incurred by Client and/or Client’s spouse, Client’s child(ren) or Client’s pet(s). This includes loss of life, physical injuries and loss of personal property. Client understands that this Agreement shall prohibit Client, Client’s heirs, assignees and/or personal representatives from making any claims against Released Parties or taking any legal action should Client become injured or suffer a loss as may occur as a direct result of photo shoot and at scheduled location.
• DAMAGES: Client agrees to be responsible for any damage occurring to any of Photographer’s equipment or property during or as a result of the photo shoot or the actions of any session attendees, or as a result of any condition or occurrence at an on-location session which results in damage, other than damage which results solely from Photographer’s negligence.
• ARTISTIC CONTROL: While Sheri Vitullo Photography strives to provide it’s clients with the utmost in photography services, Sheri Vitullo Photography is first, and foremost, an art studio with an established style and reputation. While Sheri Vitullo Photography regularly works with it’s clients to deliver photographs which will meet Client’s individual needs, Sheri Vitullo Photography reserves the right to exercise full artistic control over the nature, number and types of Images Photographer captures.
Session Retainer Fee includes the following:
• Photographer’s time, talent, vision and creativity; travel expenses, artistic post-processing of images, equipment and fees/permits.
• A pre-session consultation with Photographer, either via telephone or in-person.
• Professional Hair & Makeup (girls only!)
• Up to 3 hour(s) of portrait photography coverage.
• Minimum 25 custom edited photos.
• In-Person Premier Ordering Session
I accept and understand the terms of this portrait agreement. I am satisfied with the terms that the photographer operates by and give our permission for the photographic works to be displayed in public.