Client Contract

Client Contract & Portrait Agreement

Contact Information


Address


Session Details

Please list the names of everyone that will be photographed. Include children's ages and birthdays.




Terms & Conditions

Absolutely no photographic, video, film, digital, tape, cassette, or recording devices of any kind are permitted during a session.

Parties being photographed must be dressed, made up and prepared at the exact designated start time. Sessions will begin and end promptly as scheduled. Amy captures the “essence” of your children; the finer details (combed hair, clean faces, jewelry etc.) are the parents’ responsibility. In order for your child to be comfortable with Amy, and therefore get more natural smiles, she may ask you to step away for a moment if you are comfortable with that. Often times children react better when they are not being given instructions like “Cheese!” from several people.

Proofing Session & Print Orders

If your package includes product, you will make your choices on those items at this time. This proofing session will last approximately 1 hour. During the proofing session, you will view images on a computer and/or printed proofs. By ordering prints you accept that the prints will look like the images you viewed in your proofing session and Amy Salessi Photography will require you to sign a document to that effect before placing any print order. Additional family members are welcome to attend the proofing session to assist in the ordering and to order for themselves. To avoid confusion, please group all family orders (grandparents, aunts, uncles, etc) into the order under the client’s name. At delivery the client is responsible for dispensing orders. All print orders must be placed at the time of your proofing session. PAYMENTS ARE FINAL AND ARE NOT REFUNDABLE. It is recommended that you prepare lists of the types and quantities of prints that you expect to order prior to the session given the time limit. While you are free to add items to your order, any removal of items in this order, once you have left the studio, will incur a $50.00 fee which will be billed at the time your portraits arrive. Canvas print orders are final once placed. After date of your proofing session, all ordered images will be archived for three months and unordered images will be purged. Images can be unarchived with a minimum order of $300.00.

Online Proofing

Online proofing may also be available in the event an in person ordering session is not possible to schedule but is the decision of Amy Salessi Photography. Online ordering galleries will only be available for two (2) days, and all orders and payments must be received within two (2) days. After the expiration of the two (2) days, the online gallery will expire and a re-hosting charge of $25 will be added to your final payment if you cannot order within that time. The re-hosting charge will allow for an additional 5 days to place your order. No orders will be processed without having received payment in full for the order.

Completed Orders

Completed print orders may be picked up during normal business hours. You will be notified when your prints are ready and, at that time, you will be provided with alternative times to pick up your photographs. While we anticipate that print orders will be filled in approximately 2 weeks, Amy Salessi Photography makes no guarantees in this regard. Rush orders can be placed for an additional charge of $50.

Copyright

Amy Salessi Photography owns and retains the exclusive copyright to all the images taken during the session. It is illegal for anyone other than Amy Salessi Photography to copy, scan, download, print, reproduce, obtain or retain the digital files in any way without first obtaining the Photographer’s written permission. Violators of this law will be subject to civil and criminal penalties. Exceptions to this clause are granted only in the case of the Client’s purchase of digital image files on CD, which will include a Limited Reproduction Release for the Client to obtain reprints of the images on the CD for personal use only. The Photographer will retain the exclusive copyright and control of the session images at all times. Amy Salessi Photography shall have the right to use all negatives, proofs, photos, prints and all images and likenesses thereon in connection with its display and marketing efforts and you grant to Amy Salessi Photography a royalty-free, fully paid and irrevocable license to use all such materials for its commercial and artistic purposes and you represent that you have the authority to grant the same.

Amy Salessi Photography puts her heart and soul into creating beautiful images for you. Please respect the copyright agreement. It is never fun to have to ask a client to remove an image they have scanned in or saved off of the blog. You may purchase digital files that can be reproduced, and with a minimum order you will be provided with web resolution images for social networking sites, but please be respectful of the federal copyright ownership laws. You can find a copy of these laws and legal procedures online at www.copyright.gov.

Liability

Amy Salessi Photography’s liability for its provision of products and services hereunder shall be limited to the amounts paid to Amy Salessi Photography hereunder. Amy Salessi Photography is not responsible or liable for any failure to provide any services due to any act of God, weather event, act of government or any other occurrence, act or event which is outside of Amy Salessi Photography’s exclusive control. In addition, Amy Salessi Photography shall not be responsible for equipment failure or the failure of any software or other computer or electronic medium which results in any damage to any proofs, negatives, prints or photos or which result in the inability to print or duplicate any of the foregoing. In the event of a camera or computer malfunction Amy Salessi Photography’s liability will be limited to a retake of the session whenever possible or a refund of the session fee if images can not be retaken. If the session fee must be refunded, Amy Salessi Photography will have no further obligation. You agree to be responsible for any damage occurring to any of Amy Salessi Photography’s equipment or property during or as a result of the event or the actions of any session attendees, or as a result of any condition or occurrence at an on-location session which results in damage, other than damage which results solely from Amy Salessi Photography’s negligence.

Satisfaction Guarantee

If you are not satisfied with your images through the fault of the Photographer, your images will be retaken. Notice of dissatisfaction must be received in writing within one week of receipt of images or upon receipt of product in order to receive a refund or replacement. Photographer is not responsible for dissatisfaction due to circumstances beyond our control.

Artistic Style

While Amy Salessi Photography strives to provide its clients with the utmost in photography services, Amy Salessi Photography is, first and foremost, an art studio with an established style and reputation. While Amy Salessi Photography regularly works with its clients to deliver photographs which will meet their individualized needs, Amy Salessi Photography reserves the right to exercise full artistic control over the nature, number and types of pictures it shoots.

Basic Edit & Retouch Policy

Amy Salessi chooses which images to edit prior to the proofing session. Basic edits include color adjustments, sharpening, overall smoothing, etc. Any additional edits requested will be billed at $50/hr. This includes any body slimming, merging two pictures together, adding in backgrounds, etc. Every image is NOT edited in color and black/white. It is up to Amy to decide what looks best when editing and show that to the client. Requests can be made for additional pictures in black/white. The first 5 conversions are complimentary. Additional conversions will be charged at the hourly rate of $50/hour. The amount of proofs shown varies from session to session. Amy has the final decision in how many to show the client. Full sessions average 30-50 images depending on how the session went (if kids cooperated, client was on time, etc.)

RELEASE AND WAIVER OF LIABILITY DURING COVID-19

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND CONSTITUTES A CONTRACT BETWEEN ME AND AMY SALESSI PHOTOGRAPHY “PHOTOGRAPHER”. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT DURESS OR COERCION AND I AM AND HAVE BEEN FULLY INFORMED OF THE CONSEQUENCES OF MY SIGNATURE HERETO.

I am a voluntary participant for the photography event to occur on DATE at LOCATION with PHOTOGRAPHER information.

I AM AWARE THAT PARTICIPATION IN THIS SESSION MAY INVOLVE INTERACTION THAT COULD POTENTIALLY LEAD TO INJURY, SICKNESS OR EVEN DEATH. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES AND INTERACTIONS WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH MY PARTICIPATION IN THIS ACTIVITY. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH THE CURRENT COVID-19 PANDEMIC AND CONTINUE THIS ACTIVITY AGAINST CENTER FOR DISEASE CONTROL AND/OR GOVERNMENTAL DIRECTIVES.

I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.

I hereby waive, release and forever discharge PHOTOGRAPHER (“Released Parties”) from any and all claims I may have now or arising in the future related to my participation in the photography session. I covenant and agree not to sue any Released Parties for any such claims. I hereby waive, release and forever discharge the Released Parties from all of the following (the “Claims”): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which I have or may have in the future (including court costs, attorneys’ fees and litigation expenses), that may arise out of, result from, or relate to my participation in the session or my travel to and from such activities . I understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions; and claims for medical or hospital expenses, including medical transportation services. I understand and agree that the foregoing waiver, release and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any Released Parties. I understand that this waiver, release and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf. I further agree to indemnify and hold harmless all released parties from any claims which I might make or which might be made on my behalf by others or which might be made against me by others, arising from my participation in the activities provided by the released parties, my travel to or from such activities.

This waiver shall remain valid unless expressly revoked by the participant or parent or guardian of a minor, in writing, with receipt acknowledged by the released parties.

Parent or Guardian Release or Waiver

I represent and warrant that I have the authority to give this release.

I am the parent or guardian of [insert name of minor child], a minor, and on the minor’s behalf and on my behalf and on behalf of all other parents or guardians of the minor, I accept the release and waiver of liability at the top of this form as inducement for allowing my child, or this minor, to participate in the activity described above.

I further authorize any emergency medical care which may be necessary for my minor child.

The undersigned Parent or Legal Guardian of the minor child (the “Minor”) agrees:

  1. To the express assumption of the risks associated with participation in the activity and fully acknowledges the dangers associated with participation in such events and activities;
  2. To indemnify and hold harmless the released parties, including but not limited to any officers, directors, managers, employees, agents, successors, and assigns, from any loss, claim, suit, or judgment, including, but not limited to, the costs of defending any such claims, including, attorneys’ fees, resulting from any injury, death, loss, or damage sustained or claimed by Minor or Minor’s personal representative;
  3. To waive the rights of myself and all other parents or guardians of the Minor, and of the Minor, to sue the released parties, its officers, directors, managers, employees, agents, successors, and assigns;
  4. To fully inform the released parties of any medical conditions or concerns related to my minor prior to minor’s participation in the event;
  5. That the minor has my full consent to and knowledge of participation in this activity.

This Agreement shall be governed by the laws of California.

In the event any portion of this Release shall be declared invalid, unenforceable or void by a court of competent jurisdiction, the remaining provisions of this Release shall remain in full force and effect.

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