Mommy & Me Contract

This agreement is between Josie England, and the signers of this portrait photography agreement, with the portrait session detailed below.

Agreement Overview: This agreement contains the entire understanding between the Photographer 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.

Deposit: A deposit $50 deposit is required for Mommy & Me Minis at the time of bookingIf the deposit is not paid within the 24 hours of contract submission, your date will not be secured and will be booked by another party. This is a non-refundable, non-negotiable deposit. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before or the day of the session. If final payment is not received, the Photographer will not be expected to attend said event.

Coverage: Coverage will begin at coverage start date/time , and continue for the number of minutes purchased, contiguously.

Cancellation: There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date. If the event is cancelled within 1 week of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer.

Copyright: The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats.  It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.  Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.  

Artistic Rights: The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of a minimum of 15 photographs to select from and shall not receive any photographic materials not presented to the Client.  The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control.

Social Media: The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links.  The Client shall not copy, download, screen shot, or capture the photographs in any other fashion. When uploading to a Facebook Social Media profile, the Client shall "tag" the Photographer’s business page & mention the Photographer's business page (Facebook: Josie England Photography Instagram: josie.england) in the album/single upload.

Garments: The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.

Failure to Perform: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. 
Clients are responsible for all location fees and permits.

If the Photographer or its 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, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost
through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. 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.

Indemnification: The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.

Returned Checks: Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.

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