Name *
Scheduling & Cancellation Policy *
Sessions will be scheduled at a time and location mutually agreed upon by Client and Snaphappi Photography. Snaphappi Photography reserves the right to schedule times and locations based upon business, artistic, and/or technical needs. All efforts will be made by Snaphappi Photography to keep the scheduled time and date. Should Snaphappi Photography have to cancel a session, and alternative arrangements for the Session cannot be agreed upon, the full Deposit will be returned to Client. Client agrees that non-emergency cancellations require 24 hours notice. Every effort will be made to reschedule cancelled Sessions. Because of limited availability of Session times, non-emergency cancellations will not result in a return of the Deposit. Deposit may be transferred to a rescheduled session. Client will forfeit any Deposit not applied to a rescheduled session. Any non-emergency cancellation received less than 24 hours before the session will require a $25 rebooking fee in addition to the Deposit. Client agrees that failure to appear at the scheduled time and location without advanced notice will result in an automatic forfeiture of Deposit. In order to reschedule in the event of a failure to appear, the Client will be required to pay a second Deposit. Only one such Deposit will be credited toward the Session Fee. If, in the sole opinion of Snaphappi Photography, inclement weather or adverse conditions prevent creation of a portrait meeting Snaphappi Photography's artistic standards, Snaphappi Photography retains the sole right to elect an alternative location or date for the Session. In the event that such conditions prevent a Session, Client and Snaphappi Photography will mutually agree upon an alternative date and time.
Files & Copyright Information *
The copyright to all images remains the sole property of Snaphappi Photography, and all copyrights are protected by federal law. Each Session will result in at least 20-25 edited images. These edited images will be available 3-4 weeks after the Session has taken place. If images will need expedited, such issues must be discussed and agreed upon by Snaphappi Photography no later than the time of the Session. High-resolution digital copies of images will be accompanied by a limited use license, allowing Client to print high-resolution digital images for personal use only. Any alteration of digital files (including filters such as those on Instagram) or printing without a release is a violation of Snaphappi Photography's copyright to the images. Client agrees not to print without a release or alter any digital images. Any commercial use of Snaphappi Photography's images by Client must be covered in a separate agreement. Nothing in this agreement is intended to allow commercial use of Snaphappi Photography's images by Client. Under no circumstances will Snaphappi Photography release RAW and/or unedited files to Client.
Artistic Vision *
Part of what Client pays for is Snaphappi Photography's artistic vision. This means that Snaphappi Photography retains the sole discretion to choose which photos will be included in the gallery. This also means that Snaphappi Photography maintains sole discretion over locations, poses, and editing of images. Snaphappi Photography welcomes Client input before and during a photography Session, but retains the final word on all aspects of the Session and final images. Snaphappi Photography retains no liability for failure to get specific images, regardless of the requests of Client.
Non-Liability For Child Behavior *
Snaphappi Photography understands that sometimes, children just have a bad day and do not want their pictures taken. Every effort will be made to get a full session's worth of photographs (18-20 final images) despite the behavior of Client's child/children. However, Snaphappi Photography assumes no liability for inability to get an entire session's worth of photos, or any specifically requested photos, due to a child's behavior. In the event that behavior of a child results in less than an entire session's worth of photos, an additional mini-session can be scheduled for an additional cost to the Client. Snaphappi Photography maintains full discretion to stop a session and refuse to shoot further photos if children act in a manner potentially harmful to equipment, themselves, or the photographer. In the event of such a cessation, the entire Session Fee and Deposit are forfeited and no images will be provided. The Session will not be rescheduled. Any damage to equipment and/or studio caused by unruly children will be the sole responsibility of the Client. Snaphappi Photography maintains the right to charge client for the full replacement value of any damaged equipment, including but not limited to cameras, lenses, flashes, strobes, lighting accessories, backdrops, props, etc.
Limitation of Liability *
In the event that Snaphappi Photography cannot perform any provisions of this contract due to images being damaged in processing, lost through camera, computer, or other media malfunction, or otherwise lost or damaged without fault of Snaphappi Photography, any amount paid to photographer shall be returned to Client. Snaphappi Photography shall have no further liability with respect to this contract. In the event that Snaphappi Photography fails to perform for any other reason, Snaphappi Photography shall not be liable for any amount in excess of all monies paid.
Product Failures *
Client is aware that color dyes and inks in photography may fade or discolor over time due to the inherent qualities of dyes and inks, and that digital files may become corrupt after the passage of time. Client releases Snaphappi Photography from any and all liability for any claims whatsover based upon fading or discoloration of products or corruption of digital files. Further, Snaphappi Photography cannot guarantee color accuracy of any images printed from outside sources.
General *
This contract represents the entire agreement between Client and Snaphappi Photography and supercedes any prior agreements. Any amendments to this agreement must be in writing and agreed upon by both parties. Any dispute arising under or in connection with this agreement shall be subject to the laws of Ohio, and if neither party demands arbitration, shall be subject to the exclusive jurisdiction of federal and state courts in Cuyahoga County, Ohio. If any provision of this contract is held unenforceable, such provision shall be severed from the agreement and the remaining provisions shall remain in full force and effect. The failure by one party to require performance of any provision shall not effect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
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