Cary Nelson Photography Portrait Contract

The following contract is an agreement between Cary Nelson Photography and Client(s) mentioned above. Cary Nelson Photography will be mentioned as Photographer from here on out and Client(s) will be mentioned as Client (or Clients, if more than one).

It is imperative that you, the Client(s), read this contract fully. It explains what you can expect from Cary Nelson Photography, the expectations of the Photographer, along with other useful information related to your session. If you book this session, it is agreed that you have the contents of this agreement and will agree to uphold all the agreements within this contract.

Cary Nelson Photography Contact information

Cary Nelson Photography's phone number is 870-349-4279 and may also be reached at booking@carynelsonphotography.com. Please refrain from texts and calls after 7:00 p.m. each night and before 9:00 each morning, unless emergency. Please allow at least twenty-four to thirty-six hours for a response for all call, texts, and emails.

Copyright Information and Infringement Penalties

It is understood by Client(s) that Photographer will retain all copyrights to images taken. No one is allowed to infringe upon copyright protection. Infringement includes, but not limited to editing, duplicating, and promoting products and persons or companies using images created by Cary Nelson Photography without proper licensing. No person or company can do any of the above without proper permissions and proper licensing from Cary  Nelson Photography. This includes, but is not limited to Client(s),  family, friends, venues, or other companies. These images are for personal use only for Client(s) only and are not to be used commercially in any manner. If images are to be used for commercial reasons, clients must tell Photographer before booking or upon new information given by a company to contact photographer at  booking@carynelsonphotography.com. If at any point copyright infringement occurs, including but not limited to editing, duplicating, using commercially with no permission, etc., any and all parties participating in the infringement will be penalized. The penalties are $5000 per image, per incident of use.

Session Information

This contract, dated today, is for services and products related to a photography portrait session, (hereafter “session”) to take place at the location and at the time described above. Both parties agree to arrive on time. Cary Nelson Photography offers an array of services and such services may have pricing changes at any moment,  without notification, unless this contract is signed (whether it is an electronic or physical signature) by Client(s). Photographer and Client have discussed pricing for above stated session and all dues must be paid prior to session. If contract is not signed (electronically or physically) and the retainer fee has not been paid, then your session is not booked. Cary Nelson Photography has the right to sell the time and date to another client. Client has option to pay in full for the session or pay a 50% Retainer fee in order to hold the session date and time. Client understands that the remaining 50% must be paid two weeks prior to the session.

Failure to pay any balance owed will result in the termination of the session without refunds or the ability reschedule without rescheduling fees. Cary Nelson Photography accepts Cash, Money Order, Cashier’s Check, and Debit/Credit Cards. Checks will not be accepted. For a session to be booked, this contract must be submitted and the total payment must be paid in accordance to this contract. The Retainer/Session Fee is not refundable as well as any money spent to go toward the session (such as props, outfits, cake, etc) under any circumstance if client wants or needs to cancel or is a no show. The Retainer/Session Fee and additional charges will be kept for liquidated damages in case of cancellation and no shows.

All parties involved in session are to arrive on time (ten minutes earlier is best if possible), dressed, and ready for session. Photographer is not responsible for clothing choice, make-up, uncooperative clients, facial expressions, or circumstances beyond Photographer’s control or against the advice of Photographer. If a client or any party wears prescription glasses, there may be glare or reflections in the lens that may not able to be fixed. If a client wears transition lenses, it is suggested that the client takes off the glasses. Photographer is not responsible for fixing glare, reflections, or the darkening of lenses due to transition lenses. A fee maybe charged in order to attempt to fix these issues.

Tardy/No Show

If any party believes, he or she will be late, it is required to phone the other party at least one hour in advance if possible. If Client is late, the time lost will not be made up at the end of the session, nor will the session be refunded in part or in full. If Client is late 10 minutes or more the session will be cancelled, and Photographer will leave. A refund will not be issued, and a make-up session will not take place unless client pays in full for another session. It is of upmost importance for client to make his/herself and any other persons involved in session available for session date and time.  

Third-Party Payments

Client(s) understand that he/she/they are solely responsible for speaking with Photographer for this session. Third Parties may pay, but this contract is between Photographer and above Clients. Session, Ordering Appointment, and Contract will only be discussed with Client(s). Third Parties will need to contact Client(s) for any questions or concerns.

Fees

Client(s) are responsible for Retainer Fee, Session Fee, Mileage, Sales Tax,  Location, and other fees accrued for Session. Additional Fees are Client’s responsibility, such as hair and make-up, and tangible products, such as prints, which will be discussed prior to charge. In  some cases, Hair & Make-Up are included in the session. To find out if it is, please ask Cary. Do not assume it is included.

Sales Tax

Sales Tax is a state requirement for running legal business. Cary Nelson Photography collects sales tax and sends said tax to the State of  Arkansas. Sales tax is 10% of the fees collected for all services and  products.

Right to Artistic Expression  

It is understood by Client(s) that Photographer will provide a photography service. This service will be done as artistically desired by Photographer. It is understood that Photographer is not under any obligation to edit, pose, use, bring, or add props for the session, to Client's liking. Client is hiring Photographer for her style. This style includes, but not limited to editing, posing, the use of or lack of props.  Photographer will strive to present photos in a workman-like  manner but is not required to cater to specific aesthetic preferences of Client. Photographer does not guarantee any specific pose or location will be captured and/or in the gallery.

All props will be used at the discretion of the Photographer.

Editing, such as acne removal, stretch mark  removal, etc. will be an additional $25 an image. In some cases, objects or person can be removed in post processing. There is no guarantee to remove or attempted removal of person or object. The fee is $50 per image. These fees must be paid in advance prior to editing.

What will Clients receive for the session fee?

Clients will receive Photographer's time and talent. Client will receive a print release and the amount of images described in ad and/or in package. Additional images maybe purchased.

Digital Format

Client(s) will receive images in hi-res JPEG format, as well as low-res  watermarked JPEG images. The watermarked images are to be placed online;  the unwatermarked images are for print use only and are not to be  placed online. Client will not receive RAW or unedited Files under any circumstances. Client will not receive tangible products, such as prints unless otherwise stated.

Client(s) can purchase images in  addition to the ones they'll receive with their package. Rates are as  follows: $35 for one image; $150 for five images; $300 for ten; or $500 for entire gallery.

Processing Time

Once your session is completed, Photographer will do a proof edit images and then send a proof gallery from your session. This will take place two to three weeks after your session. Once you have chosen your images in the proof gallery, Photographer will do a more in depth edit and will return the images within two to three weeks, for a total of four to six weeks from date of session, unless otherwise stated in an ad.

Print Release

A print release will be given to Client to print at their choice of lab. Client releases photographer from any quality issues with any consumer lab. Client will need to speak to the lab they used with any issues. Cary Nelson Photography does sell products and offers high-quality, heirloom products to you.  All products are of heirloom-quality and are guaranteed.

Ordering Session

If client requests an In Person Ordering/Reveal Session, it is required that all decision-makers be present. For a Family Session, mom and dad need to be present. For a Senior Session, mom, dad, and senior need to be present. The Ordering Session is when you will get to view the images from your session and get to order products (if you wish). Products will be delivered to client within six to eight weeks of purchase date. Clients can opt to have an online gallery, however, if any images are screenshot/saved in any manner, the fee for copyright violation will be fined to all parties, each if there are more than one, note fee is under Copyright information at the beginning of this contract.

Rescheduling, Transfers, Rescheduling Fees for Sessions and Ordering Appointments

All sessions are non-transferable, meaning your session cannot be transferred to another date and time without an additional fee. In some cases, sessions cannot be transferred at all, specifically specialty sessions such as Easter and Christmas. If this is the case, Cary Nelson Photography cannot be held liable, a refund will not be issued, and the session will not be transferred to another date/time.  

The date and time slot you purchase is being exclusively held for you and you alone. The rescheduling fee may change due to nature of the session, but it may be marked up to 300% of the session fee paid. Example, if your session is $150, then the reschedule fee is $450 (total amount is $600 reschedule fee, including the session fee). Rescheduling fees are not refundable under any circumstance. The rescheduling fee must be paid in full and prior to each new reschedule.  

A rescheduling fee for an ordering appointment is $150. It is due for each reschedule of the ordering appointment and prior to the booking of new Ordering Appointment.

This does not include sessions that are rescheduled due to weather.

Release of Responsibilities and Liabilities.

Photographer is not responsible for cancellations or reschedules due to the following:

In the Event of Force Majeure, which means an event beyond the control of the Photographer, which prevents a Party from complying with any of its obligations under this Contract, including but not limited to:

• An act of God (such as, but not limited to, weather fires, explosions, earthquakes, drought, tidal waves and floods);
• War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo;Rebellion, revolution, insurrection, or military or usurped power, or civil war;
• Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
• Riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors;
• Acts or threats of terrorism; or
• Pandemics and Epidemics

In case Photographer is unable to photograph the session for any reason above and/or beyond her control, Photographer will contact Client(s) as soon as possible for rescheduling. If Client is not willing to reschedule, Client will not receive refund of retainer fee. Client will receive any money paid minus retainer fee.  

It is understood that Cary Nelson Photography shall not be held responsible for anything that is outside her control. The following is included, but not limited to situations beyond Photographer's control, such as an Event of Force Majeure, Illness, Birth, Death, Illegal Acts, Data Loss, etc.

In any case of Event of Force Majeure, as mentioned above, Photographer is allowed an additional 12 weeks to edit and return images to client.  

Right of Withdrawal

Cary Nelson Photography reserves the right to withdrawal upon delivery of new information, changes to agreed circumstances, or other factors such as non-cooperation, changes in location, facilities or available times, missed appointments, late payments, etc. If withdrawal is initiated, all monies excluding 50% of the session fee and any monies used for (including, but not limited to: payment of items such as props, admittance tickets, etc. for the sole use of the session) will be refunded.

Data Loss pre-delivery of images

In case of Data Loss via SD Card prior to delivery of gallery: In this situation, Cary Nelson Photography will refund all fees paid or will schedule a session at no additional cost to client, (not both).

Data Loss post-delivery of images

Once images have been delivered to client, Cary Nelson Photography is not responsible for data loss. Clients are responsible for downloading images within 30 days and are responsible for storing images in at least two safe places such as online storage and an external hard-drive.

Image Archival

Images will be archived after 30 days. This does not guarantee safe archival, but Cary Nelson Photography archives images in at least two locations, not including primary computer hard drive. If client loses images after the 30 days, Client is responsible for paying in advance to have the images released from the archives. This fee is $50 per occurrence if images are sent via digital download. If Client requests a USB/USB Box, the fee is $150. If Cary Nelson Photography is unable to recover images after archival, Client understands that Cary Nelson Photography cannot be held liable for loss of data.  If images are unable to recovered a 40% refund will be issued to client.

Cooperation of All Parties

Photographer expects full and cheerful cooperation from all parties involved in session. Please be sure your children have had their naps and have been awake at least an hour prior to session, have had a snack and drink. If any party does not fully cooperate, Cary Nelson Photography cannot be held responsible for lack of quality or lack of quantity of images.

Deletion of Images

It is understood that Client(s) and all necessary parties attend the Ordering Appointment. An Ordering Appointment (whether online or in person) is typically held five weeks after the session. If Client(s) or necessary parties are unwilling or unable to attend an Ordering Appointment within 60 days of session date, the images will be archived and a fee of $100 will be charged prior to booking an Ordering Appointment. If the Ordering Appointment is not completed within six months of session date, Cary Nelson Photography has the right to delete all

images from session. Client(s) will be given one warning, two weeks prior to deletion, to make an appointment. If they fail to make and keep the appointment, they cannot hold Cary Nelson Photography responsible.

Safe Sessions

Every effort from Cary Nelson Photography will be made to ensure a safe session. However, each session has its own possibility for risks. (For example, this can include the possibility of being robbed, injured or if at an outdoor session, will always run the risk coming upon venomous insects and reptiles.) These situations are beyond Photographer's control. Every individual involved in the session must always keep safety in mind and must be self-aware of his/her and their parties surroundings. Since these situations are beyond Photographer’s control, Client and all parties involved are aware he/she/they cannot hold Photographer responsible in any manner.

It is Client(s) responsibility or minor's parent or legal guardian to voice any concern of safety, allergic reactions, poses.

The Client(s) agree to undertake best efforts to ensure the Photographer and the photographer’s staff are treated with respect and dignity and that the Photographer is provided with a safe working environment. Should an issue arise, the Photographer will make reasonable effort to handle the matter.  If the situation is not remedied in a reasonable amount of time, the Photographer retains the right to cancel the remainder of the session/event. Safe working environment issues include, but are not limited to, any instances of sexual harassment, violence (verbal or physical), threats, or other similar behavior that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation, the Client(s) will not be entitled to any refund or make up session.

If session is a Boudoir Session, client must always be forthcoming for all instances of discomfort. If Client is not comfortable with a pose, outfit (or lack thereof), etc, client must tell Photographer in that moment. Cary Nelson Photography cannot be held responsible for issues that she is unaware of.

Sickness & Fever

To protect clients and her own family, Cary Nelson Photography needs you and all parties well at your session. If you, your family, or anyone that you have been around in the last four to five days has had the stomach virus, a fever of 99.9 or more, the Flu, Mumps, Measles, Chickenpox, Hand, Foot, and Mouth, or any other contagious illness, please notify Cary Nelson Photography immediately to reschedule. Photographer works with a lot of newborns and infants and their immune system isn't fully-developed and they aren't allowed the vaccinations that could save their life. CNP does not want to spread any illness to the infants, other clients, or my own family. If Cary Nelson Photography attends a session where it is believed that any party is sick or has a contagious illness, Cary Nelson Photography has the right the stop the session and leave. As long as Client is upfront and forthcoming about illness, Cary Nelson Photography will reschedule session at no cost. If not, a rescheduling fee of $150 will be charged prior to booking.

Photographer and Sub-Contractors/Photographers

Client agrees and understands that, unless otherwise specified in this Contract, Client is not contracting for a personal service that will be performed by any specific Photographer. Photographer may sub-contract or assign this contract to any second-shooter, Photographer may assign any Photographers associated with the Photography Company to perform its duties under this contract. All Photographers must be capable and competent to perform the services in a workmanlike manner.

Professional Photographers, Videographers, and DJs

Client agrees and understands that no other professional photographer, other than Cary Nelson Photography may take pictures of any poses, lighting situations, or setups made by the Photographer except for a second photographer hired by Cary Nelson Photography. This slows down the Photographer’s workflow. Client agrees to take responsibility for insisting that no person(s) get in the way of the Photographer or take pictures in these situations. If such situation occurs, Photographer will be held harmless for lack of quality or quantity of image provided. If an individual is persistent and continues to photograph or video, Photographer has the right to stop and wait for said individual to leave the area. The time that is lost waiting for individual to stop will not be made up at the end of the session, nor will a refund be issued for lost time.

Admittance of Contract

It is client's responsibility to read the contract fully, to understand it, and to follow. Clients are required to make sure all parties involved (whether directly or indirectly) are to follow the rules outlined in the contract. This contract is being included in an invoice under the attachments section. Client has been notified of such placement of contract and has had reasonable amount of time to read contract. If client fails to read contract for any reason, the client(s) is solely responsible. Cary Nelson Photography cannot be held responsible for lack of information that is contained in this contract.