Sessions Terms & Conditions
Contract between Fyvie Studios & Client.
Photographer; Alayna Randall
Client; over the age of 18 that is either a parent or guardian to the model(s) taking part in the Sessions.
1. Scope of Work:
This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at either Fyvie Studios at the studio OR at am agreed upon location. There is no guarantee on how the location will appear on the day of the shoot, the weather forecast is decided before meeting mutually.
PHOTOGRAPHER agrees to provide photos for CLIENT. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary. The images will be edited how you appear to the shoot, enhancing the subjects and scene but not modifying appearances or outfits. Regardless of weather, the edits remain the same. For example; if you choose to proceed with a session and there is a high chance of wind or rain, the images will reflect this. If you wish to alter appearances in anyway shape or form, additional editing is $50/hour as this is outside the scope of work. Example of edits NOT included are; hair changes (root touchup, grey coverage), adjusting nail polish, sliming/trimming/enhancing, makeup changes, wrinkles, tan lines, etc.
2. Fees:
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum the day of service. PHOTOGRAPHER agrees that the initial deposit will be deducted from the overall cost. The balance of the payment for photography services must be paid in full on the day of your SHOOT. detailed in Section 1: Scope of Work. If CLIENT is required to purchase photos separately after the SHOOT, payment for those photos is due immediately upon delivery of photos to the client. Both deposit and remaining balances are sent via E-TRANSFER to ALAYNA@FYVIESTUDIO.COM . Archive retrieval fee of $50 applies when you request images after the gallery has been delivered.
3. Work Product
PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than fourteen days (14 days) after the date of the SHOOT. CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not store the proofs. Images are presented in a format to reflect how you have shown up to the session. Temporary blemishes and mishaps during the session can be removed. Changes to outfits, expressions, body shape, hair dye (or lack of), nail polish chips, etc. are NOT included and subject to a $50/hour editing fee. Please plan appropriately.
4. Indemnification:
4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.
4.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.
4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
4.4 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 30 (thirty) days after the photos have been delivered to CLIENT.
4.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER. The studio and its equipment have many possible unforeseen outcomes such as; tripping hazards, falling, faulty equipment, and electrical failures. CLIENT agrees that they (if under 18, their parent/guardian) is/are responsible for their own safety.
4.6 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT. All edits are final (within reason) and are not available for re editing.
4.7 - CLIENT understands that the PHOTOGRAPHER is not accountable if the session does not go to your liking. For example, if the model(s) do not smile, look at the camera, or par take in the session, there are no retakes offered.
5. Model Release
CLIENT grants permission to PHOTOGRAPHER and to utilize the images for PHOTOGRAPHER's commercial purposes for advertising. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising pertaining PHOTOGRAPHERs business. PHOTOGRAPHER agrees that the images will only be utilized for the business FYVIE STUDIOS and will not be sold or provided to anyone other than the CLIENT. Should the images be used as advertising by any external party, this would be a copyright infringement and subject to legal action.
6. Liability
Photographer is not responsible for any injuries or illnesses inflicted upon any participating parties on the property or arriving to or from the premises. Client will be responsible for themselves and their children. The CLIENT releases the PHOTOGRAPHER and any onsite employees from any claims against their persons or business.
7. COVID Screening
Following the most recent World Health Organization screening policies. If you are experiencing or showing any symptoms of COVID-19, you will be asked to leave with no refund. If you are experiencing any symptoms and need to reschedule to a later date (if available), the deposit can be transfered.