bitsofmagicimages.com | 408-431-5219
San Jose, CA
THIS FORM MUST BE SUBMITTED BEFORE ANY PHOTOGRAPHY IS UNDERTAKEN
Photographer: Gladys White Scott
The newborn session dates listed below is a placeholder. The placeholder date should be for the weekend closest to the EDD plus 5 days, to allow for mother's milk to fully come in. If baby comes early, please contact your photographer as soon as reasonably possible so that we can look at adjusting the date, if needed. If you have not delivered by your EDD, your photographer will reach out to you to see how things are going and what your medical care team thinks, then adjust dates as necessary.
This Agreement contains the entire understanding between Bits of Magic Image Studio (“Photographer”) and the above named Client (“Client”) for the purpose of a Photography Session (“Session” or “Assignment”). It supersedes all prior and simultaneous agreements between the parties in both verbal and written communication. The only way to add or change this Agreement is to do so in writing, signed by all parties. If the parties wish to waive or alter one provision of this Agreement, that does not mean that any other provision is also waived. This Agreement shall be governed by the laws of the State of California.
The session fee is based on Bits of Magic Image Studio’s standard price menu and includes the services described therein. The all-inclusive session fee covers the creation and editing of your photographs as well as the specified number of hand selected, gently retouched, artfully edited, high-resolution digital images in accordance with the standard price menu. Session fees must be payed in advance of the session via PayPal invoice before the session is considered booked. No photography will take place and no rights are granted until payment is made in full.
If the Client wants to do a session at a location that charges for access, the client will be responsible to cover fees associated with shooting there, and all parking fees. They are also responsible for organizing the access and any permits related to doing so.
2. Cancellation, Postponement, Late Arrivals, and Illness
Client acknowledges that in the event of a cancellation or postponement of the Assignment the Photographer will incur expenses and financial loss. Client agrees to notify Photographer of a postponement at least 72 hours before commencement of the Assignment. If Client fails to provide adequate notice of cancellation without an attempt to reschedule, Client shall forfeit to Photographer the Session Fee to cover expenses that the Photographer has incurred relating to the Assignment. Postponements due to inclement weather will not incur a postponement fee. Late arrivals will have amount of time late deducted from the total time allotted for the Assignment. In the event that Client arrives more than 30 minutes late, Photographer reserves the right to cancel the Assignment with no refunds given.
In the event that either the Photographer or the Client is ill, the session will be rescheduled. Due to concerns about the health and saftey of newborn clients, it is imperitive to be proactive when it comes to preventing the spread of illness to vulnerable newborns. If the Photographer, or a member of her family, is ill, she will immediately contact the Client, and reschedule. If the Client, or a member of the Client's family, is exhibiting any symptoms of illness, the Client is expected to communicate this to the Photographer, and a new session date will be determined. If a Client, or member of his/her party, arrives at the studio exhibiting symptoms of illness, the session will be immediately cancelled, and a $50.00 rescheduling fee will be billed.
3. Artistic Style
Client acknowledges that s/he has viewed examples of previous work by the Photographer and is satisfied with the overall style of photography that is presented. Client understands that differences in locations, subjects and lighting allow for variations in the final outcome of the Assignment. Images may not be manipulated or altered in any way. No color conversions, excessive cropping, filters, or other extreme adulterations from the original version are allowed.
4. Cooperation and Physical Liability
All parties agree to cheerful cooperation and communication for the best possible result within the definition of this Assignment. Photographer is not responsible for missed images due to any individual’s failure to appear or cooperate during the Assignment. If there is any threat to the Photographer or their equipment by any subject, Photographer reserves the right to end coverage immediately with no further liability to finish the Assignment, with no refunds given. Additionally, Client is responsible for their own conduct and the conduct of all participants in the Assignment. Any damage to equipment or studio components caused by the Client are the sole financial responsibility of the Client. Client agrees to hold Photographer harmless for any injuries or damages sustained preceding, during, and immediately following the Assignment.
5. Digital Image Gallery
A digital image gallery will be made available to Client via email notification approximately 4-6 weeks after the Assignment. The digital image gallery containing the final, edited images will be hosted by PASS.US for a period of 10 years. The images you receive will be your complete and final collection, and will contain a mix of black & white and color images. (Noir collections will contain only black & white images.) All images are edited with specific artistic intent and cannot be revised.
Client's digital image gallery will consist of two folders of images. One folder will contain the images free of watermarks and intended for use for printing. The other folder will contain the images with watermarks for use on the internet in various social media.
6. Copyright and Reproductions
The Photographer owns the copyright to all images created during the Assignment and shall have the exclusive right to make reproductions. The Photographer shall make reproductions for the Client or for, but not limited to, the Photographer’s portfolio, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio.
7. Client's Usage
The Client is obtaining digital images for personal use only, and shall not sell said digital images or authorize any reproductions thereof by parties other than the Photographer unless a signed Usage License is acquired from the Photographer. Watermarked images are not to be reproduced and are for displaying on personal websites, social networking sites, personal computers and via email only. Watermarks must remain intact on all images and may not be cropped out or otherwise removed or hidden unless Client has received written permission from the Photographer.
8. Limit of Liability
In the unlikely event that the Photographer cannot perform this Agreement due to a medical or natural emergency, or other cause beyond the control of the Photographer, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the Client’s session fee.
If any provision of this Agreement is held to be invalid or unenforceable under the law, the validity of this Agreement as a whole shall not be affected, and the other provisions of the Agreement shall remain in full force and effect.
I certify that I am at least 18 years of age. I have read the release, copyright and policy information herein and fully understand the contents. I agree that I have the legal authority to grant these permissions and I accept all responsibility for such.