All the details
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A. Session Fees
The Client agrees to pay photographer a non-refundable retainer of $50 at the time of booking for mini, child, family, and maternity sessions, and $100 for newborn, milestone and combo sessions to secure their appointment date and time. An additional travel cost of $25 may be added to the session fee if it is deemed that the location is more than 30 minutes from the Elk Rapids area.
The contract between Kim Eardley Photography and the Client shall not become effective until it is signed and retainer paid..
At the time the contract takes effect, Kim Eardley Photography shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that the Client cancels the contract for any reason, all monies paid shall be retained by Kim Eardley Photography in order to offset the loss of business.
In the case that the session is canceled, the non-refundable retainer may be transferred to a future date. The retainer is transferable, provided the photographer was notified 24 hours in advance, or if the cancellation was due to an act of God, illness, or other cause beyond the control of the parties. The full cost of your session, which is the price listed above in the "Session Type" section, minus the Client's paid retainer, is due at the time of your session.
All session fees include the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and the reveal appointment. Prints and products ordered at the reveal appointment will be discounted. After the reveal appointment, the final images will be delivered electronically via a private online gallery. All images are high resolution, and each package contains a print release for clients to print images for personal use only.
A private gallery of your images is included in every package. The gallery will be accessible for two weeks. Your gallery will allow you to share and view your images, as well as order prints, canvases, and other high quality professional products. If additional time is required, the Client is to notify the Photographer before the gallery expires and a one week extension will apply. The gallery will not be posted longer than three weeks. Once the gallery expires after two weeks, there is a $25 fee to reupload the gallery.
- It is ideal, but not required, that all newborn sessions will be scheduled between 5-10 days after the baby is born. Failure to notify the photographer that the baby has been born or to schedule your session with the required notice can result in not meeting the ideal timeframe. The photographer should be notified within 48 hours of birth. Failure to do so may result in the inability to book your session due to scheduling conflicts resulting from the lack of advance notice. Newborn sessions will take place during the week, Monday through Friday, unless arrangements between the photographer and client have been made prior to booking the session. Preference that all newborn sessions will start at 10am. All arrangements regarding such scheduling requirements must be included in the notes section of this contract prior to submission and approved by the photographer.
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Lateness
All sessions are to start on time. The photographer will allow a 10 minute period of time for lateness. Any amount of time after the 10 minute allowance will be deducted from the session time.
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B. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, they, the client, will be responsible for those fees.
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C. Rescheduling
If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, this session retainer fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
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D. Reshoots / Refunds
Reshoots are determined at the discretion of the photographer. Reshoots and refunds will not be given for lack of cooperation from subjects, poor choices of clothing, makeup, hair or weather related issues, or by not following the recommendations of the photographer. The reshoot session fee (if the client would like to redo the session) will be half of the original cost. The client should always contact the photographer prior to the session to discuss any health related concerns to determine whether or not the session should be rescheduled. Failure to do so will result in a reshooting fee of half the original value.
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E. Failure to Perform
If the photographer cannot perform this Agreement due to fire or other casualty, act of God, or other cause beyond the control of the parties, or due to Photographer's illness, the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement.
This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the photographer. In the event the photographer fails to perform for any other reason, the photographer, shall not be liable for any amount in excess of the retail value of the client's order.
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F. Archive
After 6 months, all images will be purged from photographer’s hard drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
If client chooses to not agree to the model release, all images taken during the session will not be archived.
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G. Payment
All payments are due in full the day of the session. Orders will not be processed until payment in full is received.
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H. Damage
Photographer is not responsible for the damage of portraits after delivery to client. If portraits are damaged in transit via mail delivery, Client is to notify Photographer within two days of receipt of portraits. If at all possible, Client should refuse delivery if obvious damage to packaging. Client assumes all responsibility for the safety of all portraits upon receipt.
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I. Delivery of files
Turn around time for all sessions varies, but around 3 weeks. At the time of the photo session, an appointment will be made for the reveal session. Images are not released to the online gallery until reveal session has been completed. Once the reveal session is complete and ordering finalized, your private online gallery of images will be posted. The gallery will be active for two weeks.
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J. Prints and Announcements
Photographer currently only guarantees print quality if ordering from her and using her professional labs. If Client chooses to print, Photographer only recommends mpix.com for prints, and tinyprints.com for birth announcements. Failure to use these recommending companies may result in low quality prints and products.
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K. Complete Session Description
Senior | $300
2-3 hours, can be a single session or split over two sessions unlimited locations or clothing changes
Includes a 16x20 print collage of your senior portrait session or sporting event
All edited portraits included in an album for mobile device for sharing
Private gallery to view and purchase prints for two weeks, reveal session to assist in the ordering of artwork and prints
1st Birthday Session /Cake Smash | $150
Includes 3 5x7 matted prints and corresponding digital images (printable up to 8x10) of your favorite images
Private gallery to view and purchase prints for two weeks, no reveal session
*Cake purchased by Client
Outdoor Family Session | $225
Outdoor session at a location of your choice, up to 5 people
Includes 1 8x10 and 2 5x7 matted prints and corresponding digital images (printable up to 8x10) of your favorite images
Private gallery to view and purchase prints for two weeks, reveal session to assist in the ordering of your artwork and products
Maternity Session | $150
Maternity photos are best taken between the 30th-34th week of pregnancy*
Includes 3 5x7 matted prints and corresponding digital images (printable up to 8x10) of your favorite images
Maternity gowns and sash/ribbon will be available
Private gallery to view and purchase prints for two weeks
Newborn Session
$300 in studio, +$50 if another location
(+$75 for twins, multiples)
Photos taken of your new child as well as parents and siblings
Includes 5 5x7 matted prints and corresponding digital images (printable up to 8x10) of your favorite images
Private gallery to view and purchase prints for two weeks, reveal session to assist in the ordering of your artwork and products
Access to all props, blankets, backdrops, outfits, and accessories
*Newborn sessions are best scheduled within the first 5-10 days of life*
*All newborn sessions will be scheduled Monday-Friday unless otherwise noted*
Maternity / Newborn Combo Package
Starting at $350 (one baby)
This package includes a maternity session (in studio or on location) plus a newborn session in studio
Private gallery to view and purchase prints for two weeks
Includes 3 fully edited digital images of maternity session and 5 fully edited digital images of newborn session
5 matted 5x7 prints
Milestone Basic Package
Starting at $525 (one baby)
Three 20 min. mini sessions in studio at the stages of your choice, plus an in studio newborn session
Each mini session includes 3 5x7 matted prints and corresponding digital images (printable up to 8x10) of your favorite images
The newborn session includes 10 digital files printable up to 8x10 and 5 matted 5x7 prints
Private gallery to view and purchase prints for two weeks
Mini Sessions | $100
15-20 minute session, 1-3 people
Holiday: Valentine's Day, Easter, Fall/Halloween, Christmas
Milestone: 6 months, 9 months, 1st birthday, 18 month, 2 year
Includes 3 fully edited digital images printable up to 8x10 with print release
Private gallery to view and purchase prints for two weeks, no reveal session
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L. Model Release
I hereby give to Kim Eardley Photography the absolute and irrevocable right and permission with respect to the photographs that she has taken of myself and/or my minor child in which she may be included with others:
a) To copyright the same in the photographer’s name or any other name that she may select;
b) To use, reuse, publish and republish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
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M. Liability
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.
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N. Copyright & Penalty
Kim Eardley Photography retains all copyrights to all images created during client’s session. A print release is included with every package to print portraits for personal use.
The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, or alter any image created by Kim Eardley Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If the photographer finds that her images have been used in the above mentioned formats, she may seek legal counsel.