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A signed agreement and deposit is required to reserve the coverage (will be applied to the agreed upon fee) the remaining balance is to be paid upon date of photography service. The deposit is non-refundable. If photographer fails to appear at the specified time and location, the deposit shall be refunded in full to the Client.
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; pre-shoot consultations; etc. Photographer shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation. Anyone under the age of 18 attending the studio or a specified location designated by Prestige Images shall be accompanied by a responsible parent or guardian. Said parent or guardian is required to ensure the reasonable safety of the child.
It is understood this Studio/Photographer is the exclusive official photographer retained to perform the photographic services requested on this Contract.
Upon signature/agreeing to terms*, the Studio/Photographer shall reserve the time and date agreed upon. Unless the Studio is able to fully replace the cancelled reservation, all sitting fees and retainers/deposits are nonrefundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the studio/photographer, photographer may elect to use an alternate location or to reschedule the portrait.
No part of any order, including previews, will be delivered until the balance is paid in full.
The Studio/Photographer reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Studio/Photographer in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of this Studio/Photographer.
Studio/Photographer may substitute another photographer to take the photographs in the event ofStudio/Photographer’s illness or of scheduling conflicts. In the event of such substitution, Studio/Photographer warrants that the photographer taking the photographs shall be a competent professional. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Studio/Photographer fails to perform for any other reason, the Studio/Photographer shall not be liable for any amount in excess of all monies paid.
The charges in this Contract are based on the Studio’s/Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
The Studio/Photographer reserves the rights to disclose estimated turnaround time for edited images and additionalimages. During regular season (January through September) typical turnaround time is 2-3 weeks and additional editing time is required during Studio/Photographer’s busiest season (October through December). The Client may also be given the option of a “rush fee” if images are needed before estimated turnaround time.
Final images are delivered through Studio/Photgrapher’s website unless USB is purchased. Client is held responsible for downloading their final images within 60 days after delivery. After said 60 days, client’s final images will be removed from Studio/Photographer’s website. An additional fee for re-uploading client’s final gallery back to the site for download may be applied at the Studio/Photographer’s discretion. Studio/Photographer will then only store client’s session/final images for an average of 6 months after session was conducted.
It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Studio’s/Photographer’spermission, and violators of this Federal Law will be subject to its civil and criminal penalties. Copyrights: The photographs produced by Melynda Butler are protected by the United States Copyright Law (all rights reserved) and may not be reproduced in any manner without prior written permission. If purchased, digital images are the property of the CLIENT for personal use only. NO REPODUCTIONS ARE ALLOWED, Unless otherwise granted by Melynda Butler/Prestige Images. This is not limited to any proofing gallery photos or previews produced by Prestige Images. No alterations, filtering or self-editing is allowed to these protected images unless otherwise granted by Melynda Butler/Prestige Images.
Model Release: CLIENT grants Melynda Butler/Prestige Images and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT 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 herby releases Melynda Butler/Prestige Images and their legal representatives and assigns from all claims and liability relating to said photographs.
In the event of a cancellation the security deposit paid is non-refundable.
If your event changes from the one stated in this agreement you may reschedule to any other available date. In the event Melynda Butler/Prestige Images is not available the cancellation policy will be enacted. A new agreement must be signed with the new dates. Rescheduling must take place within 30 days of original cancellation.
In the event of non-payment of amount due on the day of the session/to this agreement will be considered cancelled and subject to the cancellation policy above. At the sole discretion of Melynda Butler/Prestige Images the agreement may be reinstated by paying the entire balance of the photography fee agreed to.
In the event that the CLIENT is more than 15 minutes late to scheduled session, without contacting Prestige Images, Prestige Images reserves the right to reschedule session and a $40 rescheduling fee (that will not go towards remaining balance) will be needed to reschedule and deposit will be not refunded. In the event that the CLIENT is a no-show to scheduled appointment, Prestige Images' cancellation policy will be enacted and deposit will not be refunded.
CLIENT will receive inclusions for purchased package(s) upon review of final images. Once images are approved, inclusions will be processed and delivered. Inclusions items may not be refunded for any cash value or transferrable. If there is an error in your inclusions, i.e. misprint or wrong order by Prestige Images, then your product will be reordered.
This contract shall be governed by the laws of the Country of Westmoreland in the State of Pennsylvania and any applicable Federal Law.
COVID-19/CDC guidelines: Client and/or guardians may not enter studio if feeling ill. Prestige Images will not conduct session if underaged client(s) or adult arrives to the a in-studio session or on-location session with a runny/stuffy nose and/or fever. Temperatures will be taken before session is conducted. Those are are not participating in the session must wear a face mask if over the age of 2. Immediate family members who are not being photographed are encouraged to stay home. Anyone outside client's immediate family is not permitted at scheduled session (i.e. Grandparent(s), aunt(s), uncle(s), etc) unless they are being photographed. Shoes must be removed before entering photography studio. Hands must be either sanitized or wash immediately upon arrival. Prestige Images will be taking all measures to keep studio clean as well as wearing face mask. Please cough or sneeze into the elbow of your arm. Please stay at a distance if your session allows. Photographer is not medically liable if client(s) become ill or diagnosed with COVID-19.
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