Ocean View Session Contract.
No session will go ahead if contracts are unsigned.
Use this online digital contract at any time before                   your session date.

Re: Booking Form & Booking a session

The contract is between the Photographer and the Client as detailed below: 

Stacey of Ocean View Photography (referred to hereafter as "Photographer")

The Client agrees that he/she is responsible for all parties involved with the agreed upon photo session.  If there is an individual involved in the photo session who does not agree to the terms of this agreement the Client assumes responsibility for any liability.

I, the client – understand and agree to the following terms & conditions:

The deposit is non refundable, if I client cancels for any reason, not due to an emergency, all monies are forfeited.

Should the client cancel, or not show up for any reason without the photographer’s prior knowledge, not due to an emergency, all monies are forfeited.

If the photographer fails to appear at the specified time & location, the fee will be refunded in full to the client – unless a new time & date can be set or due to any emergencies.

The photographer must give the client options to make the shoot a possibility and take emergency events into consideration before determining a cancelled session refund.

The client may assist an cooperate with the photographer in obtaining the desired photographs, included but not limited to specifying persons and/or scenes to be photographed; taking time to pose for the photographs at the photographer’s direction, pre-shoot consultations etc.

No mobile phone photography, or photography from any other devices wile in session unless previously agreed upon.

Ocean View Photography retains the copyright to the photographs for any promotional use, and hereby grants the client unlimited but non-exclusive rights to use the or reproduce the photographs, the client is not permitted to re-sell the images/prints.

In the unlikely event that the Photographer is injured, becomes ill or has an extreme emergency that prevents them from being there on the day of the booking, it’s up to the photographer to make every effort to reschedule or find a replacement photographer.

Online galleries are a link to your image gallery, they are set up with privacy using a password that only the client receives.

They are used to show you proof images, so you can choose you photos from your session, from you package.

You can order more, and all the details of pricing will be in included within your online gallery.

Galleries do have an expiry date, and you’ll be notified a day before once you’ve registered/opened you online gallery – its lifespan is normally 3 weeks – I can make it longer if you need time to choose.

The Booking Form I personalize and send you has all you details for the session including times, locations, dates – even how many people. The form also includes deposit details.

The client shall reimburse the photographer for any damage of equipment or props if damage is caused at the session.

The Photographer is responsible for providing the Client a photographic service as detailed in this Agreement.  The Client undertakes to engage the Photographer for this coverage for the price as detailed below.

 

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract.  Neither party shall be liable for indirect or consequential loss.

PRINT LIFE: Client is aware that colour dyes and inks in prints may fade or discolour over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.

CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the proof book. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total fees outlined in this Contract.

IMAGE STORAGE:  Ordered images will remain on file for one year from the date of the portrait session.  Unordered images will be purged after 30 days from the date of the first viewing.

RETOUCHING, CONVERSIONS AND DIGITAL FILES: Blemish removal and subtle smoothing is covered but additional edits include, but are not limited to, head swaps, people replacements/removal, background changes, digital body altering, etc. and we charge per image for these edits.

The Photographer has the right to refuse any requested edits to the images. 

INDEPENDENT CONTRACTOR:   This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.

ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Ocean View Photography by Stacey Knowles. 

PAYMENT ARRANGEMENT: The Client will pay the Photographer the total fee specified in the invoice they receive from
Photographer. The total fee will include the amount specified in from the
booking form.

SESSION PROOFS: An in-person consolation to review the proofs will be scheduled within 2 weeks of the
session date. Client will then receive access to a private online photo
gallery. Photographer retains the right to edit the photographs as she sees fit
based on experience and expertise and omit any image(s) that do not meet her
standards.

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
portrait session/agreement by Client, the deposits paid are non-refundable.
Deposits are transferable if a date change is necessary. Forty-eight hours (48)
notice of postponements or cancellations is appreciated. If it is not possible
for a session to take place on a scheduled day due to weather, Photographer and
Client will reschedule on an agreed date at the earliest date possible, with no
additional charge. The deposit is non refundable, however under the "change of mind" laws if the client cancels for any reason that is not an emergency all monies paid are forfeited..

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 it causes, 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 deposit is
non-refundable. The session can be rescheduled at the original portrait session
fee, including an additional $50 deposit, if I client cancels for any reason,
not due to an emergency, all money is forfeited.

ILLNESS: If either the photographer or client (extending to client’s family members attending the shoot) any colds/flu
or other contagious illnesses, these need to be discussed before the photoshoot
to see if a reschedule can be put in place, due to the fairness to both the
client and the photographer.

DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Ocean View
Photography, By Stacey Knowles ("Photographer"). In exchange for
services provided, Photographer retains the exclusive right to copy, edit and
distribute any/all images created under this agreement, to the general public,
for any reason, including but not limited to: advertising, marketing, sales, print
competitions, educational seminars, and monetary gain. The mediums for display
could include newspapers, magazines, books, television, and the internet, but
are not limited to only those mediums. The Photographer retains these rights
even if image files are turned over to the Client. All photos created by
Photographer are copyright protected. It is a violation of federal copyright
law to copy, scan, or allow photographs created by Photographer to be
reprinted, duplicated, digitally reproduced, copied, scanned, or altered
digitally or otherwise, without Photographer's express written permission. The
client may print (on their own) their personal photographs with the written
consent of Photographer only once in possession of the digital images. The
negatives/digital files remain sole property of Photographer and will never be
given or sold. Photographer agrees to grant these image rights to the client
with a non-exclusive, limited, perpetual license. This license allows the
client to do the following with the images: i) Display the images; ii) Print
the images; iii) Upload, email, or electronically transfer the images or files;
and, iv) Publish the images on personal websites or social media websites

THIS LICENSE WILL PROHIBIT THE CLIENT
FROM DOING THE FOLLOWING: APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY
IMAGE OR ELECTRONIC FILES SUPPLIED BY PHOTOGRAPHER MAKING ‘DERIVATIVE WORKS’ OR
OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES These
exclusive rights make it illegal to copy, scan, edit or share photographic
prints and digital medial without the Photographer’s permission. Violators of
this Federal law will be subject to civil and criminal penalties.

CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell
said prints or authorize any reproductions by parties other than Photographer.
Guidelines for personal usage are contained within the print release form
provided. Prints for publication (such as editorial, public relations or
advertising use) require prior written consent from Photographer. A credit line
which reads "Debi Buck" in type no smaller than that of the related
text must appear adjacent to or within all permitted published photographs.

LIMIT OF LIABILITY: I take 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. The
limit of liability for partial loss or damage of originals shall be a prorated
amount of the total amount, based on the percentage of originals lost or damaged.
In the unlikely event that Photographer is injured or becomes too ill to attend
the portrait session, Photographer will make every effort to reschedule to the
earliest possible date. If the situation should occur, and the portrait session
must take place on the scheduled date, Photographer will make every effort to
secure a replacement photographer. If the situation should occur and a suitable
replacement is not found, responsibility and liability is limited to the return
of all payments received.

By clicking Submit below you agree to these contracts terms and conditions.

Being an electronic Signature.