Pet Photography Contract for Brooke Byelich Photography
The client assumes all responsibility for their animal(s) or any other subjects during the session, including any and all destruction of personal, business or public property, personal injury or illegalities. Know your animal(s) and their behavior and limitations before bringing them to any public area. Please disclose any behavioral or aggression issues before your session.
MODEL AND PROPERTY RELEASE: By signing this contract, I, the client, have the legal right and authority to execute this release on behalf of the subject(s) and myself. I hereby irrevocably authorize Brooke Byelich Photography (BBP) and its assignees, licensees, legal representatives and transferees to use and publish (with or without my name, the pet's name, or with a fictitious name) images of the subject(s) in any and all forms of media, for the purpose of self-promotion, publicity, publishing (including electronic forms as internet websites), resale as prints or other media for commercial use, or in photographic contests or gallery shows. I waive any and all rights to review or approve any use of the images for the above mentioned purposes. BBP agrees to never use the images in a manner which is slanderous, demeaning, or hurtful in any way to me or any of the subjects. I, the client, warrant that I have authority to agree to the use of the likeness of all persons included in the session in this manner and shall indemnify and defend BBP in the event of litigation arising out of such use.
CREATIVE AND COPYRIGHTS: All images, original and processed, remain the sole property of BBP. It is illegal to copy or reproduce any photographs, either physically or digitally, without BBP's permission. Violators of this Federal Law will be subject to its civil and criminal penalties. The client may NOT submit any photos taken by BBP for use in contests. All images, both physical and digital, when purchased or provided to the client are for personal use only. No commercial use by the client is permitted under this contract, including but not limited to resale, promotion of personal business, or use in contests or exhibitions. Clients are allowed to share photos posted by BBP through social media by using the "Share" feature. Clients are not allowed to screen shot, copy, paste, or save the images to post on their walls. The client is not allowed to crop, alter, or change the photographs in any way.
PRICING DISCLOSURE: The client contends that they are aware of and have viewed the current price list for the session fees and any and all products - www.wyomingpetphotography.com/pricingguide - This price list is adjusted periodically and may change without notice. Orders placed within the 2 week timeframe (beginning the day the online gallery is activated) shall be charged the prices posted at the time this contract was signed. Future orders shall be charged at the prices in effect at the time when the order is placed.
STUDIO POLICIES: Brooke Byelich Photography will strive to complete sessions, editing and orders in a timely manner. BBP will edit and present the produced photos to the client at a chosen location within 3 weeks. BBP will only present images that are the best from the session (usually 20 - 30 photos). Payments for products must be made at the viewing session. The client can opt in for an online gallery to purchase from for 14 days from the viewing session date for $100.00. All purchases must be placed within the timeframe. If the client lets the gallery expire past it's 14 day time period, a $50 reupload fee will be charged and the gallery will be reuploaded and live for another 14 days. Once an order is placed, production can take up to 3-6 weeks, depending on the products. We do not allow shipping directly to the home, as we require our own inspection of your goods before you receive them.
PAYMENT PLANS: Brooke Byelich Photography (BBP) will offer an option for a flexible payment plan for print products. Clients must make one payment (minimum of $100) per month until the total is paid in full. Clients will have six months to complete their payment plan. The client will receive their order at the end of the term of the plan, once all payments have been made. The client is not entitled to any refund for payments made if they decide to cancel their order. If the client cancels or changes their order to another package or group of products, any payments made will not be carried over to the new order. In this case, a new plan may be drawn up and start at $0 paid. It is at the photographer's discretion whether a new plan will be allowed. If any payments are declined by the card issuer or for whatever reason a payment is missed, the client shall be given notice to pay the payment within 5 working days or the order will be cancelled. There will also be a charge of $10.00 added to the client's balance for each failed attempt to take payment from the card. Choice of package or products and image choices must be final on or before the end of the reveal consultation. A debit or credit card is required to commit to a payment plan.
RETURNS AND REFUNDS: Brooke Byelich Photography does not allow refunds or returns of any products. If a client is unhappy with their session, they can choose to forfeit ALL images and one reshoot will be issued. If any products arrive damaged through no fault of the client, the client may return the products for a refund or replacement. If a deposit is taken for securement of a session date, there is no refund for cancellation unless approved by BBP. No charges will be incurred due to rescheduling a session for weather changes, family emergencies, etc.
LIABILITY: If Brooke Byelich Photography cannot perform this contract due to fire, casualty, act of God, illness, emergency, or other causes beyond the control of the photographer, and cannot reschedule, BBP will return to the client any money paid, including deposit, but shall have no further liability in respect to the contract. This limitation of liability shall also apply in the event that the photographic materials are damaged in processing, lost through camera or computer malfunction, lost or damaged in the mail, or otherwise lost or damaged without fault or intent on the part of the photographer. In the event that BBP fails to perform for any reason, BBP shall not be liable for any amount in excess of the retail value of the client's order and session fees paid. It is the client’s responsibility to back up any digital files that are purchased or received. BBP shall not be held liable for loss or destruction of files, prints or products once they have been received by the client. No part of any order will be delivered until the required balance is paid in full.
REPRINTS: The client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and the client releases BBP from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. BBP will make every effort to provide the most accurate color reproduction on products purchased through BBP. BBP has no liability whatsoever toward the quality of any prints or products reproduced by the client from digital files purchased from or provided by BBP. It is recommended when displaying or storing prints, to use archival materials whenever possible.
TRAVEL: Brooke Byelich Photography will travel up to 35 miles of home location (Cheyenne, WY) free of charge. A travel fee will be accessed if the client is located outside of the 35 mile radius.
This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. A paper copy of this contract will be given to the client upon request.