AGREEMENT TERMS
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.
SESSION PROOFS: Client will receive a link to online proof gallery within 14 days of their portrait session unless parties agreed otherwise. Photographer retains the right to edit the photographs and omit any image. The Final Files are delivered electronically as EDITED and COLOR CORRECTED, PRINT QUALITY, HIGH RESOLUTION JPEG FILES. Digital Files are large enough for you to print up to a 60 x 40 canvas. We do not sell RAW files or memory cards. Additional sizes can be requested as needed but there may be an hourly fee applied. The gallery with final files will be available for download and sharing for 30 days and backed up for 60 days. After 60 days, your photos will no longer be available. Archiving and recovery of your photos will be charged accordingly.
COOPERATION/NO SHOWS: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer.
PUNCTUALITY: Please be punctual. In case you are late more than 5 minutes, the session needs to be rescheduled (if time slots available) and a fee of $30 needs to be paid.
PAYMENTS: A full payment is required to book your session.
CANCELLATION: You are allowed to cancel your session within 24h after the purchase by sending an email to [email protected].
PRINTS: Because we provide digital files, any prints you order from sources other than directly through us are your responsibility. We have color corrected and edited the files to be print ready. We will not be responsible for print quality issues or crops on prints we did not order for you. Our labs are great and they are also affordable. Before you order from another source, check out the prices for prints from Ania Gajda Photography. We guarantee these prints or a refund on print charges. We also take care of the crops and any issues that may come up.
CREATIVE & VISION: Photography is a creative process. You chose us because you already like the style in which we provide. For that reason, all final edits, creative decisions and safety calls are at the sole discretion of the photographer. If the request is not safe to accomplish, we will not do it. We will not deliver files we do not feel is reflective of our product. If you would like us to try a different approach or edit, all you have to do is ask and we will try to accommodate if it fits with our vision. We ask that no cell phone or personal camera photos be taken during your session as it is a distraction from the moments we are trying to capture.
To make the most of your session(s), you are encouraged to communicate with your photographer your wish list, must have list and other ideas. We cannot capture what you want unless you tell us. It is also important to note that with models, especially the little ones, it might not happen exactly as you planned. If you have a group of 4 or more people we recommend that you bring along a friend to help, especially if you have small children. We promise to do our very best to make sure we get all your essential shots. I want your final product to reflect your vision. In order to accomplish this, you must communicate with us in a timely manner and give clear direction. When working with babies and children, we have learned a lot of tips for successful shoot. We will provide you a guide for your shoot. Failure to follow our suggestions for these sessions (especially newborn) will result in less than desirable results.
RESHOOTS: In the unfortunate event, your child becomes sick or you will need to re-schedule, please to give us at least 24-72 hours of notice. Weather can often be a factor for outdoor shoots also. We will try and re-schedule on our first available time and your payments will be applied towards your new appointment time. If you are unable to provide at least a 24 hour notice, you will forfeit your payment. We try to be flexible with this for unforeseen emergencies. In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will reshoot at a 30% discount from the original session fee. Client is then able to order files from the second portrait session only. In the unlikely event that the finished product from a portrait session is unusable due to technical problems (camera failure or exposure problems), Photographer will reshoot at no additional charge.
COPYRIGHT: All images produced by Photographer are protected by Federal Law and are copyrighted to and remain the property of Ania Gajda. Upon final payment by the Client, the Client has limited copyright ownership of the resulting images which may be published, copied and reprinted by Client, but not be altered, sold or reproduced for profit by the Client. We ask that you not apply any filters or any additional edits to photos without the express written permission of the photographer.
MODEL RELEASE: Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for blog posts on blog.aniagajda.com and on her Facebook page, Instagram account and for self-promotion purposes; to alter the same without restriction. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
SOCIAL MEDIA: Client is granted permission to share the pictures on social media. When sharing digital files proper credit must be given to Ania Gajda Photography in the form of a facebook link, tag, or website link. No filters, crops, or edits of any kind should be made to any photos and where applicable watermark should remain on photos.
LIMIT OF LIABILITY: Photographer take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
The photographer covers insurance and liability on equipment and personal liability through business insurance but your signature below will be required that gives me the right to photograph you, your children or dependent and protects against any issues that may arise. Photographer is not liable for any injuries or damages that may occur during your session to you or property. If you feel uncomfortable or need to decline a pose, etc., please speak up. I hereby authorize Photographer to photograph my minor children, myself, our pet or “others” associated with my family in addition to any surroundings that may be in the scene (for in-home photography). One head-of-household signature for all parties is satisfactory for this release. If this release pertains to a portrait or specific individual, that person must sign the document, unless that are under 18 years old.
I hereby release Photographer, her landlords, contractors, partners, employees and any third parties involved in the photo session, creation, development or publication of Company publications, from liability for any claims (including loss of data, camera malfunction, theft, injury: physical or otherwise) by me or any third party in connection with my participation or the participation of the minor children listed above at any location including any studio or leased space. Any legal action brought as a result of this session or any other photo session or event with Photographer, shall hold Photographer harmless; and without liability for any injuries physical or otherwise. I understand that photography is an activity that may require specific physical movements or positions. It is my responsibility to inform Photographer if I cannot accommodate a pose or creative idea. Photographer is not responsible for any injury or accidents that may occur during any photo session.