Session Agreement & Booking Form
Thank you so much for booking your photo session with Melanie Atencio Photography! I'm excited and honored to be your Photographer. This contract is simply to ensure everybody is in agreement regarding the services we will be exchanging. Please feel free to contact me with any questions. I can't wait for our session!
TERMS AND AGREEMENT
This agreement is between two parties, the Photographer:
Owner of Melanie Atencio Photography
Walstraße, 92690 Pressath
and the Client (specified in the booking form below)
Package pricing applies for immediate family only (parents and their children).
A 29€ fee per each additional person will be charged for extended family sessions.
Additional digital images can be purchased for 20€ each for the Petite and Classic package.
The given session time limit is a maximum. The duration of the session may be shortened by the Photographer, if the Photographer has obtained enough photo material to be able to deliver the standard number of final images.
EDITING & RETOUCHING
Professional editing and retouching, compliant with the Photographer's portfolio, will be applied to every image that will be given to the Client. Extensive editing such as removing acne, removing bruises or changing the appearance of a person (e.g. weight or height changes) can be purchased for 15€ per image.
The Client will receive a number of digital images, as defined above, that are usable and up to the Photographer's standards. The images will be given via online download, in .jpg format only. No .raw/.nef files will be given to the Client. No physical products will be given to the Client unless the Client orders and pays for physical products after viewing their gallery.
The Client will receive a digital Print Release to document the Photographer's permission to reproduce the images taken for the Client's own personal use.
RETAINER/DATE RESERVATION FEE
A 150€ non-refundable and non-transferable retainer is required to be paid at the time of booking. Upon receipt the Photographer will reserve the time agreed upon for the event date and will not make another reservation for that specific time frame. For this reason, the fee is non-refundable and non-transferable should the Client cancel the session for any reason, fail to arrive on time or not arrive at all. The fee will be deducted from the total service fee charged by the Photographer and must be paid within 24 hours. The session is not guaranteed until the Retainer/Date Reservation Fee is paid.
The remaining session fee can be paid at any time prior to the session, but is due no later than the day of the session. Digital photographs and/or other products will not be given to Client until Photographer has received full payment.
Sessions may be rescheduled by the Client or Photographer in case of sickness/injuries/equipment failure or other extreme emergencies/acts of god. The Client may reschedule one time within 2 weeks of the original session date without penalty fees.
The Photographer must be informed at least 6 hours before session start if the Client wishes to reschedule due to sickness. Failure to do so will result in termination of this contract and a new retainer/reservation fee will be charged to reschedule. No refunds and/or products will be given to the Client.
If the Client cancels the contract prior to the session date or fails to attend their session for any reason, all monies paid shall be retained by Theresa Burkhart Photography in order to offset its loss of business.
The session starts at the time agreed upon and the Photographer will wait at the set location for no longer than 20 minutes. If the Client fails to arrive within that time frame, the Photographer may leave and cancel the session. No refunds and/or products will be given to the Client and a new retainer/reservation fee will be charged to reschedule.
All people being photographed shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or poses to be photographed; taking time to pose for photographs at Photographers direction; etc. The Photographer shall not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation and shall not be responsible for photographs that might not be up to par with the Photographer's portfolio/previous work if any participating person ignores the Photographer's directions, recommendations and/or is uncooperative. The Photographer is not responsible for the expressions of children or adults and re-shoots or refunds will not be given for unfavorable expressions, poor choice of clothing and/or make up and hair related issues.
STANDARDS OF BEHAVIOR
The Client agrees to conduct himself/herself with due regard to general etiquette and treat others respectfully. Rude and disruptive behaviors, e.g. fighting, using profanity, personal or physical threats or insults, damaging property is not tolerated. Any continued disruption of the session will result in cancellation of this contract. If these circumstances occur, Photographer has the right to refuse any further business and no refunds and/or finished products will be given to Client.
If Theresa Burkhart Photography cannot perform this agreement due to injury, death, fire, casualty, strike or civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, inclement weather, terrorism or other causes beyond the control of the parties, or due to the photographer’s serious illness, then Theresa Burkhart Photography shall refund any monies paid by the Client and shall have no further liability with respect to this agreement. The amount of liability cannot exceed the amount of this contract.
The Client releases Theresa Burkhart Photography and associates from all liabilities, claims, damages and monetary compensation that may result from any accidents or unforeseen incidents that may happen during the session. Theresa Burkhart Photography assumes no liability in the events described above, except in the event the accident or incident is proven a direct result of the photographer’s intentional negligence and willful, purposeful, and careless conduct.
The Client agrees that if any negligence on their part caused any equipment, props or any of the Photographer's property to malfunction or become damaged or lost, the Client will be liable for the cost to repair or replace the said item(s).
Parents are liable for their children and will be required to pay for any equipment damage they or their children may cause.
DELIVERY OF PHOTOS
The turnaround time for the finished digital photographs is 14 days after the session took place. The Photographer is not obligated to publish and/or show previews to the Client. No part of any order will be delivered until the balance is paid in full. The Client will receive the images in digital .jpg form via an online gallery. No physical products will be given to the Client.
The Client's online gallery/digital images stay accessible for viewing and downloading for 14 days after the Photographer has sent the link. If the Client fails to download the digital photographs within that time frame and requests a new gallery, a 50€ gallery reopening fee will be charged.
The Photographer will collect the information supplied via this website or other documents – such information may include the Client(s) name, zip code, e-mail address, telephone number. Information provided to the Photographer is subject to confidentiality and will not be disclosed without your prior consent to any third party, other than to any employee or member of Theresa Burkhart Photography for the purpose of providing you with the service you require, or to comply with any applicable laws or lawful government and/or regulatory requests.
COPYRIGHT AND LICENCING
The images that are being provided by Photographer are licensed to Theresa Burkhart Photography's Client(s) only for any reasonable personal purposes, including but not limited to: printing, copying, emailing, and web publishing. The Client(s) agrees that he/she/they may not use any images for commercial or editorial purposes, or enter any images into competition without the written permission of thePhotographer. This license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. The Client(s) agree not to make any changes to any digital photographs provided by Theresa Burkhart Photography, including but not limited to: adding filters, colors, digital frames, texts, cropping, etc. The purchase of the original files releases Theresa Burkhart Photography from any liability due to loss or damage of the images, and also releases Theresa Burkhart Photography from any obligation to maintain copies of any digital file, image, or photograph. Theresa Burkhart Photography retains all copyrights to the images and derivative works thereof. By using any of these images, you are agreeing to the above terms.
I hereby give to Theresa Burkhart Photography the absolute and irrevocable right and permission with respect to the photographs that the Photographer has taken of myself and/or my minor child(ren) in which he/she/they may be included with others to copyright the same in the Photographer's name or any other name that the Photographer may select; to use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including but not limited to: illustration, promotion, advertising, and; I hereby release and discharge Theresa Burkhart Photography from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
The Client agrees to pay Melanie Atencio Photography the total amount of the package, as defined above, in exchange for a photography session, professional editing and retouching, digital images as defined above, and a print release.