Karen O’Brien Photography
5529 Langer Road Marshall, WI 53559
Client’s Name :
Definitions: The Photographer – Karen O’Brien and Karen O’Brien Photography
The Client: Any person, body of persons, firm or Company with whom the photographer enters into a contract for the sale of goods or provisions of services by the photographer.
- 20 edited, high-resolution digital files.
- 60-90 minute portrait session at location of your choice
- Online Gallery for viewing
- 3 preview (low-resolution, watermarked) j.peg images for social sharing
- Deposit: $50.00. On the day of the session, the deposit shall be applied to reduce the total cost and the Client shall pay the balance due. There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date should you no longer require my services. No amounts of monies paid to me are considered refundable unless I experience an emergency that renders me unable to provide services. If a client fails to appear at the photo appointment within 30 minutes of the scheduled time the deposit will not be refunded.
-Balance due: $ (includes travel costs.) * The remaining fee of $___ is due (payable by cash or check) on the day of the session. A $25 fee will be imposed for any returned checks.
-Refund Policy. The Client(s) hereby agrees that he/she fully understands there are no refunds or exchanges on purchases due to the custom nature of portrait photography.
-Rescheduling. Clients are permitted one rescheduled session if a rescheduling request is made at least 48 hours before the session (with the exceptions of rain for outdoor sessions). After one permitted rescheduling, any further rescheduling will require an additional booking fee of $50 to hold your spot.
-Proof photographs shall be delivered to the client online at www.karenobrienphotography.com to view in a locked gallery within 4 to 6 weeks of the session date. You will receive a message that the proofs are ready for review and selection. Karen O’Brien Photography has the final decision on the number of proofs to present to the client; it varies from session to session. Full sessions average 40-50 images depending on how the session progressed (if subjects cooperated, client was on time, etc.) Proofs will be available for three months and then the gallery will expire. Clients may request a re-opening of their gallery after it has expired, an unarchiving fee$40 will be incurred. Upon receipt of payment your gallery will be live again for 14 days.
-Social Media. Karen O’Brien Photography will post (3) sneak peeks from the session on my Facebook Business page and I encourage the client(s) to tag himself/herself and share with friends and family. Please note that clients are allowed to use these on Social Media as long as the watermark remains fully intact, and the photo is not altered in any way (filters/etc.)
-Creative License – All images are edited at the Photographer’s discretion, and delivered work may not include all images shot. Unedited, raw versions of photographs will not be provided to the client. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s standards. As an artist, I reserve the right to artistically interpret what I see and in what ways I choose to photograph and edit. This may mean that some shots are color, some are B&W. This is my interpretation and vision as an artist. If you have not already, please review samples of my work to make sure that my style of photography and editing is a good fit for you (can view on my website at www.karenobrienphotography.com). When you book me, you are giving me full reign over session styling and artistic editing of photos. I will be choosing the best of the images to edit and present to you, so if you see anything that you don’t care for during the session PLEASE speak up. It won’t hurt my feelings as I want to make sure I’m providing you with images that you will love. Basic edits include color adjustments, sharpening, overall smoothing, etc. Any additional editing requests will be completed at the discretion of Karen O’Brien photography, and if agreeable will be billed at $20 per image. This includes body conversions (head swaps), merging photos together, adding different backgrounds, etc. *My newborn editing workflow includes brightening, removing any baby acne and prominent skin flakes, reducing redness and yellowing caused by jaundice, softening skin to even out blotchiness and give a smooth texture, adding a slight “glow” to the skin, and sharpening of the features. If either parent is opposed to any of this, my style of photography may not be a good fit for you.
-Title (possession) of and copyright to all products shall remain with the Photographer and all photos are copyrighted. The negatives and or digital images created by the Photographer and/or subcontractor(s) remain the property of the Photographer. Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. If purchasing Hi-Resolution images on CD/DVD, Clients will be given a written release to make personal copies of images from CDs or DVDs.
-Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
-Sole Photographer. During your photography session with Karen O’Brien Photography, the photographer (Karen) will be the only person permitted to take photos. Parents, friends, family and anyone else attending the session are not permitted to take any photos with cameras, camera phones, tablets, etc. Doing so would cause a request that it be put away or possibly end the session, a very awkward moment which I would love to avoid.
-I do not offer free or discounted re-shoots on the basis of client regret over wardrobe choice, location choice, or if a photography subject (animal or human) does not cooperate during the initial session or is ill during the session. The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer's direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, 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.
- Right of Withdrawl: Photographer’s discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-cooperation; artistic differences, changes in locations, facilities or available times, missed appointments and late payments are examples of contributing factors. Should Photographer initiate the withdrawal, all fees will be returned, excluding deposit. All promotional offers not yet fulfilled are considered null and void.
-Severability - If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
This is a contract for personal photography services to be provided by the Photographer and/or individuals subcontracted to do work for the Photographer. The Parties agree to the above and below terms and conditions, and acknowledge that they have received, read, and understand the Photographer’s current price list. Any modifications of this agreement must be in writing and signed.
Print name: ______________________________
Photographer Signed: ___________________________________