TERMS & CONDITIONS
This contract is between Emily Novak Photography LLC, which will hereafter be referred to as the Company, and the Client in regard to a portrait session photographed by one of Emily Novak Photography’s associate photographers, who will hereafter be referred to as the Photographer.
Retainer and Payment. The Client shall make a non-refundable retainer in the amount of $100 (+sales tax) for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. The remaining balance of the portrait session package will be due one week prior to the mini photo session. Any payment plan Contract agreed to by the Company and the Client shall be included as an addendum to this Contract. No products shall be delivered until the entire amount is paid in full.
Cancellation. If the Client requests to amend or cancel this Contract, the retainer collected is non-refundable to compensate for loss of time and pay. If the time-slot is re-booked, however, the fee will be refunded.
Late Arrivals. Due to the nature of the session, a strict timeline will be enforced to ensure the Contractual obligations are met. The session will start at the scheduled start time even if the client is tardy or unprepared. If the Client is more than 10 minutes late with no notification, then it is considered a "no show". If the Client is running late with notification, then it is at the Photographer’s discretion whether or not to continue with the scheduled session. Should this be the case, Emily Novak Photography LLC is released from all liability in regards to the Agreement and will issue no refunds and will not be required to offer a reschedule date. In case of sickness and/or other cancellation, the Client may transfer the funds to a photo session to take place within the next 12 months.
Lead Photographer. An associate photographer, acting as an independent contractor for Emily Novak Photography LLC, shall take over all photography coverage agreed upon under this contract on the session date. Client understands and agrees that Emily Novak, the owner of Emily Novak Photography LLC, will not be in attendance at the session. However, the entirety of the client experience, including booking, editing, image delivery, and communications, will be through Emily Novak Photography LLC. The Photographer has been vetted by Emily Novak and will strive to give the Client the best experience possible. The Client understands that the associate photographer shall conduct business in a professional manner and in all respects consistent with all applicable laws and standards, and shall conduct themself in accordance with all applicable business values and ethics set forth by the Company.
Completion Schedule. Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract. All products take 4-8 weeks from time of order to be processed and delivered to the Client. The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of $10 shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
Photographic Materials. All photographic materials, including but not limited to proofs and previews, shall be the exclusive property of the Company. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract. The Company shall make gallery proofs available through an online gallery within 3 to 4 weeks of the photographic event, which will remain open for 7 days. If the Client requests to extend the time or reopen the online proofing gallery, a $15 un-archival fee shall apply.
Artistic Rights. The Company retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of 20-50 photographs to select from and shall not receive any photographic materials not presented to the Client. The Company also retains the right to make adjustments to the photographs in post-processing as the Company deems within their creative control. Additional processing may be requested for $10 per file.
Copyright and Reproductions. The Company shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. The Company does provide the Client permission to resize photographs for Internet-based usage.
Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make reproductions of works resulting from this Contract without express permission of the Company. Additional prints and/or digital files may be purchased between third-parties and the Company with the permission of the Client.
Social Media. The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify the copyright year and photographer business name in the caption of all photographs uploaded to social media websites and profiles.
Photography and Videography. The use of cameras (including iPhones, video cameras, tablets) other than the Photographer's is prohibited during your session (with the exception of behind-the-scenes photos).
Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Company shall return the retainer to the Client and shall have no further liability. Further, if the Company is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Company, liability shall be limited.
Photographer’s Standard Price List. The charges in this Contract are based on Emily Novak Photography's Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Company's studio and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
Indemnification. Both the Photographer and the Company shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.
Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the State of Pennsylvania.
Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.