Photography Agreement 

Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract, known as "Client", agree that Heather Nicole Blaine, known as "Photographer” shall provide photography service the best of her abilities, in the manner described in this document. This is a binding contract, which incorporates the entire understanding of the parties. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement. 

Pictures download and delivery: Client accepts and understands all responsibility for archiving and protecting the photographs. Photographer does not permanently archive images. It is Client's responsibility to make sure that digital files are copied and secured. There are no exceptions from this policy and after 180 days from the date of photo session, the Photographer will not guarantee the images will available to purchase. The Photographer is not responsible for pictures download, lost link or lost email with link. Link to download pictures will be active for period of 30 days counting from the day of order approval. Photographer is not responsible for failure to download pictures within 30 days of order approval. Additional 30 days download link activation may be subject to $100 charge. Photographer is not responsible for malfunction of Client’s hardware or software, email server malfunction, delivery issues, lost email with link to pictures download and unexpected Client’s life events.  

Pricing: Prices are final and not negotiable. 

Retainer and Payment: Client shall reserve the time and date of services by signing and returning this contract along with a 50% non-refundable retainer. No date is reserved until the contract and payment are received. The balance due for the photography services must be paid no later than on the day of the session, before the session starts. In the event Client fails to pay as specified the Photographer have the right to immediately terminate this Agreement with no further obligation and will keep the deposit. Deposit may be paid through Zelle or Square. 

Confirmation: Client must confirm session no later than 24 hours before the scheduled session via text message to 808-743-8382 or via email to Heathersphotosnaps@gmail.com. If Client fails to confirm session Photographer will cancel the session and keep the full amount of money that was already paid. 

Cancellation: If for any reason Client cancels this contract after full payment has been made and before the Photo Session date, Photographer keeps full retainer fee plus all the balance that was already paid. Deposits paid by Client are non-refundable, non-transferable. 

Reschedule: In the event that Client reschedules the Photo Session and Photographer is able to rebook the original Photo Session date, Photographer has the right to charge a $100 re-booking fee. A new contract may be required. In the event that Client reschedules the Photo Session and Photographer is not able to rebook the original Photo Session date, immediately terminate this Agreement with no further obligation and Photographer will not provide the photography service. 

Liability: If Photographer is unable to perform any or all of the duties herein for any reason, including but not limited to fire, transportation problems, accident, illness, or technical problems and if he cannot provide another competent professional, all money received by Photographer will be returned to Client and Photographer shall have no further liability with respect to this agreement. Client will be responsible for any damages to photography equipment caused by carelessness on behalf of the client/client family members. Photographer holds the rights to cancel this agreement for any reason and at any time without explanation, in this situation all money received by Photographer will be refunded. Photographer shall have no further liability and both sides agree to leave each other harmless. Photographer is not responsible for hair style, make up and outfit appearance in the pictures. All images are edited to photographer’s discretion and JPG files that Client’s will receive are considered a final product. All other changes and additional editing will be subject to charge. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.  

I DO NOT REQUIRE BUYING PRINTS FROM ME You have set of high-resolution files with unlimited printing rights and usage release included in the price of the session. Pictures – high resolution files - which you will download, are already retouched and edited. You can print them at any photo lab of your choice, you don’t need to order any prints from me, you have unlimited printing rights and release for personal use to all the pictures that you will download. You can purchase more single high resolution files if you need more. Each additional picture is $15. You don’t need to decide now, you can order the entire gallery after the session, at a discounted rate. Your pictures will be available in the online gallery for six months. Photographer will not guarantee access to the online gallery beyond six months from the time of the original session.  

ALL PICTURES IN YOUR GALLERY WILL BE RETOUCHED, EDITED AND READY TO PRINT. I work with professional file formats and I will edit and process every single picture that you will have in the gallery.  

Picture Files Delivery: All files/link to gallery will be delivered to the Client within a two-week window from the time of the photo session. Depending on session package selected by Client, will depend on the number of photos allowed for free downloadable access. Additional images will be at an extra cost.  Online gallery may contain a watermark on all photos until Client selects the images. Once Client selects the images, the Photographer will remove the watermark for Client’s full access.  

Copyright: All photographs taken by Heather Blaine is her property, will remain her property and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to civil and criminal penalties. All pictures released by Photographer to Client come with noncommercial personal usage and printing license only. Pictures released by Photographer to Client can’t be used to advertise or/and promote businesses, products, services or/and people. All editorial use must be credited clearly to photographer: Heather Blaine.  

Model Release: This contract serves as a model release giving the Photographer the irrevocable right to use the photographs taken during the session in all forms and in all media and in all manners without any restriction as to changes or alterations for advertising, trade, promotion, exhibition, or any other lawful purposes. All compensation for use and credit for the images remain the property of Heather Blaine. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns. 

By booking my session I confirm that I read, understand and agree to the agreement.