Terms and Conditions of the Agreement
The contract terms, agreement and prices are legally binding between Racheal Trail Photography (“photographer”, “studio” ) and the client.
The retainer payment will not be altered or discounted if the session was shortened due to the client’s, those accompanying them or minor child’s behavior or tardiness. The payment is for the time booked and paid regardless. A reshoot may be offered at the photographer’s discretion.
Client agrees to pay fees that may be incurred for their session, including but not limited to location/venue photography fee, park permit or entrance fee. Client is also responsible for any parking costs associated with their vehicle.
In the event the client cannot attend their scheduled session, Racheal Trail Photography allows one re-schedule and the non-refundable retainer will transfer. The photographer must be notified of any changes to the date or time of the session no later than 48 hours prior to the session date.
If it is not possible for a session to take place on a scheduled day due to weather, the Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
If the client cancels the contract prior to the session date or fails to show up for their session for any reason, all monies paid shall be retained by Racheal Trail Photography in order to offset its loss of business.
The client is encouraged to provide the photographer with a list of must-have shots. The photographer cannot be held responsible for specific shots not taken or shots taken that become deleted shots. Racheal Trail Photography will endeavour to provide poses that are considered standard in your collection and will edit at our discretion. Pose requests that the photographer deems unsafe will not be performed at the discretion of the photographer.
LOST PHOTO OPPORTUNITIES
The photographer is not responsible for lost photo opportunities either due to miscommunication during session planning or from the client’s tardiness. The photographer will do their best to fulfill all requests however the client understands that forces outside of our control may dictate the end result.
Images are edited at the photographer’s discretion, and delivered images will not include all images shot. The photographer will remove any duplicate images or any images that do not meet the photographer’s quality of work. There is no guaranteed minimum number of images for presentation. It is at the photographer’s sole discretion as to which images will be presented and which images will be deemed unsuitable for presentation and deleted during the culling process. The photographer reserves the creative right to edit and release only those deemed creditable as professional quality and within the photographer’s artistic standards.
Basic retouching (e.g. color correction, skin toning, spotting, blemishes) is included. Any additional retouching requested by the client will be billed at $75 per image.
Your images will be ready for your viewing in a password-protected web gallery within 2 weeks after your session date. The web gallery will be online for four weeks so you can preview your images, make minor retouching requests and order additional products. Once the web gallery expires, there is a $25 fee to re-activate the web gallery for one week.
You are solely responsible for maintaining the confidentiality of the password associated with your online gallery and for restricting access to your password and physical access to your computer while logged into your gallery. You understand and acknowledge that your images in your gallery are accessible to the public and could be accessed, downloaded, screen captured, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results.
Racheal Trail Photography uses reasonable measures to protect your gallery. We cannot guarantee absolute security of your gallery, your images and that our security measures will prevent third party “hackers” from illegally accessing your gallery. Racheal Trail Photography is not responsible or liable for any third party access. You agree to immediately notify Racheal Trail Photography of any unauthorised use of your gallery or passwords or any breach of security, and you accept all risks of unauthorised access.
Additional images, prints and/or canvases ordered outside of this agreement are subject to price increase. ALL SALES ARE FINAL. Prices are subject to applicable sales taxes.
RECEIPT OF IMAGES and/or PRODUCTS
Racheal Trail Photography sells high resolution digital image files with reprint permission. These are high resolution digital image files that are fully retouched in JPG format. RAW and/or unedited files will not be released under any circumstances.
Once your order is placed, your images will be polished and retouched before being delivered.
All sales are FINAL.
The studio takes the utmost care with respect to the development, quality and delivery of USB flash drives, prints, frames & canvases. For prints, frames & canvases, if the client is not satisfied with the quality or if the product is damaged upon receipt, return the product within 14 days for a replacement.
Racheal Trail Photography will store and back up your images electronically for one year in case re-orders or additional purchases are requested. After the one year, they will be deleted to release storage space.
FORCE MAJEURE & WAIVER OF LIABILITY
If Racheal Trail Photography cannot perform this agreement due to fire, casualty, strike or civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, inclement weather, terrorism or other causes beyond the control of the parties, or due to the photographer’s illness, then Racheal Trail Photography shall refund any monies paid by the client and shall have no further liability with respect to this agreement. This limitation on liability shall also apply in the event that the photographic materials are damaged in processing, lost through camera malfunction or otherwise damaged without fault on the part of the photographer. The amount of liability cannot exceed the amount of this contract.
The client releases Racheal Trail Photography from all liabilities, claims, damages and monetary compensation that may result from any accidents or unforeseen incidents that may happen during the session, whether in studio or on-location. Including, but not limited to, the use of photography props, unpredictable terrain, personal injury sustained as a result of the portrait session, surroundings, and exposure to outdoor elements (insects, sunburn, poison ivy, etc.) Racheal Trail Photography assumes no liability in the events described above, except in the event the accident or incident is proven a direct result of the photographer’s intentional negligence and wilful, purposeful, and careless conduct.
The client is responsible for their own safety, the safety of those who accompany them, and the safety of each minor child accompanying them.
The client agrees to retain custody and control of any accompanying children at all times during the session. There is equipment as well as props (which can resemble toys) in the studio. Children should be kept in control and supervised at all times to avoid injury or damage to the equipment. Please be advised that items in the studio are not intended to be “toys” for your child.
The client agrees that if any negligence on their part, the part of any above named models, or the part of any individuals who accompany them to the photo session caused any equipment, props or any of the photographer’s property to malfunction or become damaged, the client will be liable for the cost to repair or replace the said item(s).
It is advised that clothing be brought pressed and portrait-ready. Any additional retouching of clothing requested by the client in post production work will be billed at $75 per image.
SOILED CLOTHING OR PERSONAL ITEMS
Newborn sessions often involve posing with the infant with no diaper on. The photographer assumes no responsibility for damages due to soiling. When requesting the photographer to use a personal item, the client accepts the reality that said item may become soiled with infant waste or spit-up. The photographer will assume no liability, nor pay for cleaning of any items or clothing.
I/We hereby grant Racheal Trail Photography the irrevocable and unrestricted right to use and publish photographs and/or videos of myself/ourselves, family, and/or child/ren, or photographs in which myself/ourselves, family, and/or child/ren will be included for editorial, trade, advertising, and any other purpose and in any other manner of good taste. I/We hereby release Racheal Trail Photography from all claims and liability relating to said photographs/videos.
Racheal Trail Photography owns the copyright of all photos and videos taken during the session and will provide a print release to the client for their own personal reproduction.
It is against the law to copy, scan, download, print, email or reproduce the images and videos from your session for non personal use in any way without written permission. The client will not sell their images for commercial gain including providing their images for reproduction in third party publications in any medium under any circumstances without the express and written consent of Racheal Trail Photography.
I/We commission Racheal Trail Photography, to photograph myself/ourselves and/or my/our underage children. In the case that the subject(s) is a minor(s), I/we confirm that I/we am/are the parent(s)/legal guardian(s) of the child/ren in this session.
This contract between Racheal Trail Photography and the client shall not become effective until it is signed and the retainer has been paid. At the time the contract takes effect, Racheal Trail Photography shall reserve the session date agreed upon. By typing my/our full name in the space below, I/we am/are confirming that I/we have read, understand and agree to the TERMS AND CONDITIONS OF THE AGREEMENT of this contract and model release.