TRUTH IN PHOTOGRAPHY CLAUSE
Photography is an artistic interpretation of what a photographer sees when taking a photograph. The interpretation includes the subjects, the posing, the location available and the lighting available at the time of the session. There needs to be a level of trust between the photographer and the subject(s) for the end result to be pleasing to the subject AND the photographer. If any party or parties in your session are unwilling to be open to posing or expression suggestions, it is best to discuss this with your photographer BEFORE the session begins. It needs to be understood that clients will only be able to get out of session what they put into a session, and that your photographer is your partner to see that you receive the end results you are looking for from your session. Please clearly articulate to your photographer before or during your session if you are uncomfortable with a pose or if you would like to try a different pose or variation of a pose to ensure the best results possible. Your session fee includes the photographer’s time and talent at your session, in preparation for your session, and after your session to display your session results. Please refer to your Session Contract for the terms and conditions of the session.
Good Things to Know
ENTIRE AGREEMENT: This agreement contains the entire understanding between Analicia Herrmann and the CLIENT. It supersedes all prior and simultaneous 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 that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing. The parties agree that any disputes will be venued in the courts of Montgomery County, Texas.
TAXES: All State and Local sales taxes are the responsibility of the CLIENT and will be added to the final bill for collection by Analicia Herrmann.
CREDITS: Gift certificates, special offers, and other credits are non-transferable and are not redeemable for cash.
RESERVATION OF DATE: A signed contract and full payment are required to reserve the specified coverage. If the CLIENT fails to do so within 15 business days of the agreed upon shoot date, Analicia reserves the right to cancel the shoot based upon non-payment.
PAYMENT FOR Prints, and albums: Payment for prints, and albums is due in full at the time of order. All sales are final. In the unlikely case that the Professional Photo Lab has not meet expectation or has messed up in any manner, it is not by fault of Analicia Herrmann, and Analicia Herrmann will not be held accountable.
Before the Session
RESCHEDULING: A 24-hour notice before the scheduled session is needed if Client would like to reschedule. All monies paid will be held and applied to the rescheduled session, only one reschedule is allowed. Client will pay for any cost for location usage. If the Client notifies the Photographer less than 24 hours before the scheduled session, the session will be rescheduled for a $10 fee. This fee will be collected at the start of the rescheduled session.
RESHOOTS: Reshoots are determined at the discretion of Photographer. In the unlikely event that the finished product from a portrait session is unusable due to technical problems (camera failure or exposure problems), the Photographer will re-shoot at no additional charge. A reshoot can be scheduled in the event that the Client does not like any of the pictures. If this is the case, the session will be reshot for a $50.00 fee. Please note that every photographer has their own style, so it is asked that you please look up my work and see what you are investing your money into before you book.
CANCELLATION: No refund is available if session is cancelled and not rescheduled. Session fees are non-transferable between parties.
WEATHER: 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.
LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill to photograph the event, the STUDIO will make every effort to secure a replacement date. If the situation should occur and a suitable date is not agreed upon, responsibility and liability is limited to the return of all payments received for the event package. Analicia Herrmann takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond the Analicia’s control, Analicia’s liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
Day of the Session
PUNCTUALITY: Please arrive 5-10 minutes prior to your allotted session time. You are given an amount of time per the session you chose. If you are late or not ready upon the photographer’s arrival, it will be counted as part of the session time. If the session would begin more than 30 minutes late, the session will be rescheduled with a $25.00 fee. In the event that the photographer is late, you will be given your full session time. If the session needs to be rescheduled due to the fault of the photographer, it will be done so without a fee to the client.
COOPERATION AND NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to cooperate or appear during portrait sessions. If Client and/or key individuals fail to appear to a scheduled portrait session the Session fee is non-refundable.
LENGTH OF SESSION: In order to deliver 20-30 of the best shots, please plan to stay the entire time as indicated by Analicia Herrmann. If you are unable to stay the entire length of the session, you are releasing Analicia Herrmann from providing you with 20-30 hand-edited pictures.
After the Session
COMPLETION SCHEDULE: Please give up to 3 weeks for your session to be completed. Once all of your images have been edited you will be notified that your pictures are available to view on Facebook and/or the Photographer’s website.
COMPLETION SCHEDULE RUSH: Session editing can be rushed for an additional fee. This request must be made know prior the date of the photo session. Payment for this service is due on the day of the session. Rush requests may not be taken after the photo session is completed—it is up to the photographer’s discretion.
Session’s editing completed in one week--$80.00
Session’s editing completed in two weeks--$40.00
Your Pictures are Done!
UNUSED IMAGES: The CLIENT understands and accepts that under no circumstances is the STUDIO obligated to:
- release the original unedited images from the event to the CLIENT or agent of CLIENT.
- show the CLIENT any culled or discarded images that were not included in the final gallery of images presented to the CLIENT.
Sharing Your Fabulous Pictures
Film and Copyrights: The photographs produced by Analicia Herrmann are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the Analicia’s explicitly written permission. Upon final payment by the CLIENT, Analicia grants a non-transferable license to store and use the photographic image(s) that the CLIENT has purchased during this transaction for CLIENT’s own non-commercial use, other than those uses specifically restricted herein.
Reproduction Rights: It is illegal to copy, scan, download, print, modify, re-produce or otherwise steal any image created by Analicia Herrmann unless given written consent in the form of a Copyright Release. This applies to images posted in a Private Online Gallery, Facebook, or Hard Copy images. If Client steals images via any method above, or any other method, Client will be charged legal fines and invoiced for the cost of EACH digital image stolen, at Analicia’s current price per image. If client has any questions regarding copyright and the use of photographs please contact Sarah Riley.
Reproduction Rights Granted (What you CAN do!):
1. CLIENT may back up, copy or archive the images as is necessary on their personal computer, and only as is necessary for that use.
2. CLIENT may use the web images for personal use and for the purposes of sending of photographs to friends and relatives. CLIENT may upload the images to social network sites, such as Facebook, or send the picture via email as long as the CLIENT does not edit, crop or delete the Analicia Herrmann’s watermark in any way.
Rights Specifically Not Granted (What you CANNOT do!):
1. CLIENT shall not sell, give or transfer the images for any commercial purposes.
2. CLIENT shall not use the image(s) in a down-loadable database where CLIENT is giving permission to others or implying to others that they may use, download, purchase or copy the images.
3. CLIENT shall not upload the image(s) to any online company (Kodak Gallery, Shutterfly, etc) to obtain prints as the agreements stated on those websites violates the Federal Copyright Law that is part of this agreement. The CLIENT may not make copies of any print without the express written consent of the STUDIO. Doing so violates the Federal Copyright Law that is part of this agreement.
Facebook: Analicia Herrmann has a Facebook “page”. With this page I enjoy posting my work and giving sneak peeks for my clients. I respectfully ask that if your edited images are posted and you are tagged in them, that out of respect for the photographer’s work, if you choose to make the image your profile picture you do not crop out the watermark/photographer’s logo. The Client is responsible to inform any other persons whom you might tag in the photos of this as well
Analicia Herrmann’s Rights to Your Images
OWNERSHIP OF IMAGES: Analicia Herrmann owns all images.
EXHIBITION: CLIENT grants Analicia Herrmann permission to display any images resulting from this assignment as an example of the Analicia’s work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
MODEL RELEASE: The CLIENT hereby grants to Analicia Herrmann and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT (family included) or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases Analicia Herrmann and its legal representatives and assigns from all claims and liability relating to said photographs.
Model Release approval must be made by a Parent/Guardian, if any photo session participants are less than 18 years of age. * By signing you are acknowledging that all the same regulations apply to the minor(s) that participate in the session.
119 Haileys Run
Montgomery, TX 77316