Portrait Session Contract
This agreement is made between you (as listed below) hereinafter "You", and Liliya Lubenkova Portraits, hereinafter "Us/We".
PAYMENT POLICY
1) The non-refundable deposit of $250 is required upon the signing of this contract to reserve your session and lock in the pricing. The remaining cost of the chosen package is due at the day of your photo session. Payments are accepted via cash, E-transfer, PayPal, and PayPal Credit (look into this option for 6-month financing!) Time slots cannot be reserved without the retainer fee.
SESSION
2) Please respect that package content and pricing is non-negotiable
3) We maintain the right to reschedule the session appointment due to inclement weather or personal emergency.
4) You may reschedule your Session once free of charge, provided you give us a written notice at least 48 hours in advance. Rescheduling your Session for a second time will incur in a $100 rescheduling fee.
5) MATERNITY CLIENTS ONLY: If the session is cancelled due to the unlikely event that you have the baby before your photo session, the non-refundable deposit can be applied towards a future session with Liliya Lubenkova Portraits - beauty, personal branding/headshot or motherhood session.
6) We try our best to allow for some flexibility. However, if you arrive more than 30 minutes past your appointment, we will have to reschedule your Session (a $100 fee applies) or cut your Session shorter.
7) In the unlikely event of a hardware failure, loss, or theft of our equipment, we will reschedule your shoot at no additional cost.
PROOFING AND ORDERING
8) Your final retouched images will be available within approximately 2-3 weeks after your session. The retouched digital files come with print release, giving you the right to reprint the images on your own in sizes 8x10 and smaller. If you want bigger size, please visit A La Carte section of our guide.
9) RAW proofs are not included in our package as they are considered unfinished product.
PRINTS AND PRODUCTS
10) For detailed description and pricing of prints and products, please visit the A La Carte section of our guide. A La Carte Products are available for purchase in addition to our Packages
11) Printed photograph quality will depend on where it is printed. Only prints printed through Liliya Lubenkova Portraits will be guaranteed for color and quality.
12) No refunds, exchanges or credits are offered on any items purchased. If an item arrives damaged, you must notify Liliya Lubenkova Portraits within 48 hours of its receipt. All a la carte orders are subject to BC Sales Tax. Orders cannot be cancelled due to the custom nature of the products. Once an order is sent to the lab or digital files are submitted to the client either by USB, electronic transfer or email, the order is deemed nonrefundable. All sales are final.
13) Print and wall art orders can take anywhere from one to three weeks, depending on the type of product(s) you order. Portraits can take a week, whereas custom albums will take 3-4 weeks.
MODEL RELEASE:
14) This contract serves as a model release giving us the irrevocable right to use the photographs in all forms and in all media and in all manner, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of you, your child or children, or in which you may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. We respect your privacy, and we never use real names in connection with any of the images. You hereby release Liliya Lubenkova Portraits and her legal representatives and assigns from all claims and liability relating to said photographs.
15) In regards to Maternity and Boudoir Sessions, because of the intimate nature of the photographs, no images that contain full nudity will be published without your consent.
COPYRIGHT
16) Liliya Lubenkova Portraits retains her own, sole and exclusive copyright to all images (including those sold as digital files). Your use of these images is limited to personal, non-commercial purposes.
Liliya Lubenkova Portraits agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license. This license allows the client to do the following with the images:
i) Display the images;
ii) Print the images;
iii) Upload, email, or electronically transfer the images or files; and,
iv) Publish the images on personal websites or social media websites
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
- Applying for copyright registration, assigning your images to a third party or selling any image or digital files supplied by the photographer
- Making ‘derivative works’ or otherwise modify, including editing and/or manipulating digital files
- Publication of your portraits (i.e. entering in contests)
LIABILITY WAIVER
17) You release Liliya Lubenkova Portraits and its employees & contractors from all claims, damages, and liabilities that may result from accidents or incidents that occur during the Session.
ARCHIVAL POLICY
18) Upon receipt of digital downloads/USB, client accepts all responsibility for archiving and protecting images. We DO NOT permanently archive image files. If there are any issues with your digital downloads/USB, it is the client’s responsibility to notify the photographer within 48 hours of receiving files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is the client's responsibility to make sure that digital files are copied to new media as required.
Client’s Name (Print): ______________________________________
Client’s Signature: ______________________________________
Date: ______________/_________/______________