Tamara Muscha Photography | Contract Information

SESSION

1. The portrait session fee is due at the time of booking. Cash, check or credit cards are accepted. Session fee is non-refundable.

2. The session fee covers time and talent only and images/products/digital files are all sold separately.

3. All prints/products are sold a la carte. If prices are not on the website, please contact me for a quote in price. Files on CD are available to purchase after a minimum print order of $100. The CD comes with a print release form.

4. You are responsible for covering additional fees/costs related to location choice (admission fees, parking, etc).

5. Because it can be distracting (especially to small children) and prevents me from being able to do my job effectively, other cameras (including cameras on phones) are not allowed at the photo session (with the understandable exception of birth sessions).

6. COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Tamara Muscha Photography is not responsible if key individuals fail to appear or cooperate during the session, or for missed images due to details not revealed to Tamara Muscha Photography.

7. TIME:  In the event that the Client is late to the appointment, the Client’s session will still be for the same scheduled ending time. Additional time may be purchased in hour increments of $100 per hour.

RESCHEDULING & RE-SHOOTS

8. Photographer may reschedule the session due to Photographer’s illness or inclement weather and will work with Client’s schedule to reschedule as soon as possible. If Client needs to reschedule due to illness of anyone involved in the session, Client must notify Photographer at least 24 hours prior to the session. The nonrefundable session fee can be transferred to another day and time. The rescheduled session must take place within 3 weeks of the original session, otherwise the session fee will be forfeited. If the Client cancels a session for any reason, the Client will forfeit the session fee.

9. Re-shoots are granted only at the discretion of Tamara Muscha Photography.

PROOFING & ORDERING

10. Your private, online gallery of proofs will be posted within two weeks of your session. However, if an emergency comes up for the photographer (illness, family crisis, etc), it is understandable that your gallery may be shortly delayed for viewing. The charges in this Agreement are based on Tamara Muscha Photography’s current Price List. This Price List is valid for a period of 90 days after the date of the Client’s session. All prints/products are sold a la carte. If prices are not on the website, please contact me for a quote in price.

11. The online gallery will remain active for 30 days. There is a $25.00 reloading and reactivation fee for expired galleries. A reactivated gallery will only remain active for five days.

12. Family and friends may view your gallery. You need only to provide them with the website link and password to view your proofs.

13. Creative privilege – there are times when an image needs a certain crop or particular edit. I, as the photographer, reserve the right to only show the images that meet my expectations. The number of proofs shown on the gallery will vary with each session and therefore, I do not guarantee a particular amount of photos to be shown.

14. It is understood that I offer minor retouching for portrait sessions (minor acne removal, some object removal, etc). If it is a time sensitive edit, additional fees may be required to do the said enhancement. Price quotes are available if needed.

15. If you purchase digital files it is understood that you will ONLY have printing rights. The photographer retains all copyright to the images. Tamara Muscha Photography is not responsible for printing errors or for quality of prints/products that are not printed directly by me. With the signed model release form, Tamara Muscha Photography reserves the right to use the images and/or reproductions for display, publications or other purposes. Under no circumstances can a client use the images for commercial purposes, profit or photographic competition or display. It is recommend that you ONLY print at a professional lab to ensure high quality images that retain the look that is intended by the photographer.

16. Checks returned by the bank for any reason will be charged a $35.00 service charge.

17. Please do not copy images you have not purchased. Copying, printing, screen-printing, or scanning of images from your online gallery, my website/blog or other materials (including printed products ordered through Tamara Muscha Photography) is considered stealing & against federal copyright law, regardless of the intent of use. This also includes the use of Facebook profile pictures; you can tag yourself from my business page and use an image for a profile picture, but are not allowed to crop or edit it in any way, and the watermark must show in your photo.

18. Credits and special offers are non-transferable and are not redeemable for cash.

19. Assumption of Risk; Release of Photographer. Client is responsible for and assumes the risk of injury to Client, Client’s minor children, and all participants in the session, specifically including the risks associated with on-location sessions. EXCEPT AS SET FORTH IN PARAGRAPH 14 ABOVE, CLIENT, THEIR HEIRS, ASSIGNS AND NEXT OF KIN, AGREE TO FULLY RELEASE PHOTOGRAPHER, AND PHOTOGRAPHER’S EMPLOYEES AND INDEPENDENT CONTRACTORS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LITIGATION OR OTHER ACTIONS THAT CLIENT MAY HAVE FOR INJURIES, DISABILITY, OR DEATH OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT, CONTRACT, BREACH OF WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF THE PHOTOGRAPHER, PHOTOGRAPHER’S EMPLOYEES OR INDEPENDENT CONTRACTORS.

20. Model Release. Client hereby grants to Photographer and his/her legal representatives, heirs, and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s likeness and photographs and likeness of all persons involved in the session, including Client’s minor children, for marketing, advertising, portfolio, website, and other purposes, in any manner and to alter the same without restriction. Client hereby releases Photographer and his/her legal representatives, heirs and assigns from any and all claims and liability relating to the photographs. If you choose to NOT have your photos posted online via Facebook, Tamara Muscha Photography’s blog, trmuschaphotography.com, or any other place, you must request this before the session begins, and this agreement will be amended to state such. If at a later date, the client requests removal of images from any online presence, there will be a $100 fee required before the removal of said images.

21. Archive and Storage. Tamara Muscha Photography archives all proofed images from each session for a period of at least three months from the date of the session. After that time, Tamara Muscha Photography may delete all proofed images from her hard drive and all external hard drives. Tamara Muscha Photography is not responsible for digital files once they are purchased and received by the Client. The Client is responsible for making electronic back-up copies of any digital files that are purchased from the Photographer and for keeping them in a safe place.

22. Safety & Discretion is very important to me. If you choose to not have your photos shared in my portfolio or in any of my marketing materials, that is your prerogative. Tamara Muscha Photography will respect your wishes 100%. All session photos will be kept in a password-protected gallery, available only to the client, unless the client consents to allow images to be used for marketing purposes.

23. All sales are final. Due to the custom nature of prints and photographic art products prints, all purchased products cannot be returned and all money paid is nonrefundable.