Nikki Paxton Photography Contract
The formal, boring, but needed, part. If you book a session with me you accept the terms & conditions upon paying the booking fee. Make sure you read this contract before your photoshoot. Any questions please ask.
Thank you, Nikki
TERMS & CONDITIONS
1. It is understood that Nikki Paxton Photography is the exclusive, official photographer retained to perform the photographic services requested on this Contract.
2. The Photographer may substitute another photographer to take the photographs in the event of her illness or unforseeable conflicts in scheduling. In the event of such substitution, Nikki Paxton Photography warrants that the photographer taking the photographs shall be a competent professional.
3. Session fees are non refundable and used to reserve the date & time requested. They must be paid upon booking the portrait session date. Preview images will not be available until the session fee has been paid in full.
4. Nikki Paxton Photography 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 Nikki Paxton Photography in the event of litigation arising out of such use.
5. Negatives, digital files and previews remain the exclusive property of Nikki Paxton Photography.
6. All session fees and deposits are non-refundable, even if the portrait is rescheduled or canceled for any reason.
7. Any cancellations between October & December within one week of the appointment must be paid in full unless the session can be filled by another client.
8. If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 72 hours prior to their shoot without loosing the booking fee. Should the client fail to give 72 hours notice, or decide to completely cancel the shoot, the session fee is forfeited and will not be refunded. To rebook the session the cost of 100% of the chosen package would be paid upfront. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control. If you have a styled shoot booked, Reindeer sessions, Camper Van, Lavender Fields and anythign similar, if you cancel this session within 1 week the full fee would need paying upfront unless the session can be filled due to the costs the set up incurs.
9. If Nikki Paxton Photography cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer ’s illness or emergency, then the Photographer shall offer an alternate date to move your shoot to. 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 that Nikki Paxton Photography fails to perform for any other reason, Nikki Paxton Photography shall not be liable for any amount.
10. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. The Client is responisible for protecting and caring for his/her printed and/or digital products. Nikki Paxton Photography is not responsible for any damaged products after successful delivery of said products.
11. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce negatives, digital images and printed photographs elsewhere without Nikki Paxton Photography’s permission, in the form of a Print Release, and violators of this Federal Law will be subject to its civil and criminal penalties.
12. REGARDING DIGITAL IMAGES: Client may purchase digital imges. Digital images purchased will be delivered either via web-based digital download, email or custom USB drive. If the Client looses or damages his or her digital images, Nikki Paxton Photography will not by liable for such loss or damage and will not replace lost or damaged files. It it highly recommended, by the Photographer, that clients immediately back-up any digital files on an external drive or via online cloud storage. Digital images purchased by the Client still remain the property of Nikki Paxton Photography and may not be altered in any way, shape of form, including but not limited to editing the overall style of image, color/contrast/exposure changes, cropping portions of the images, adding objects/persons/graphics and deleting objects/persons/graphics. Digital images purchased by the client may not be shared with other persons and may not be resold. Violators of this Law will be subject to its civil and criminal penalties.
13. REGARDING VIEWING & PRINTING IMAGES: Please note that all images produced by Nikki Paxton Photography have been done so with the use of color callibrated monitors. Monitors used by the Photographer have been callibrated to meet printing standards, thus color changes may occur when images are viewed on non-callibrated monitors. Also note that images viewed in non-professional editing programs will appear less sharp than if the same images are viewed using a professional program. Printed images will be correct in color, sharpness and other variables that may be affected by non-callibrated monitor and non-professional programs, that is, if the printed images have been produced by a professional imaging lab. In order for printed images to meet the quality of the original digital files, they must be printed on high-quality photographic paper or on other professional photographic mediums, and done so by a professional lab. It is highly recommended that the Client order printed images from a reputable, professional lab to ensure that the quality of his or her digital images is met. Nikki Paxton Photography is not liable for the quality of images printed by any imaging lab, both professional and non.
14. Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
15. Indoor Photography. Backdrops used for children are not for adults. As part of this contract you accept that you can not sit/go on or touch the backdrop during photo sessions. Children of walking age must not go on the photographers backdrops unless instructed to do so. Parents will be liable for any damage that is occured if they choose to ignore these health & safety intructions.
16. Outdoor Photography. Nikki Paxton Photography shoots at various outdoor locations, some private and some public. Due to being outdoors your children are in your care at all times and it is not up to Nikki Paxton Photography to put health & safety precautions into place in such locations. By booking a session with Nikki Paxton Photography you hearby take full responsibility for your children during a photo session.
17. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.
I HAVE READ AND UNDERSTAND THIS AGREEMEN AND AGREE TO ALL TERMS & CONDITIONS