SESSION CONTRACT

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Regular, Newborn & Maternity Session

By booking this appointment you are agreeing to the following:

• No images or products shall be provided before payment is made in full.
• Due to the popularity of the Mini Session specials (mothers day, fathers day, Christmas, Easter, Valentines Day, etc) are not refundable. If client needs to cancel, the deposit will not be transferable or refunded. Deposit will be lost.
• There is no guarantee of the number of images presented from a session. Many factors contribute to this, including the cooperativeness of the subject.
• As an artist, I reserve the right to artistically interpret what I see and in what ways I choose to photograph a scene. This may mean that some shots are color, some are B&W. Images presented to the client are the only images available.
• If the subject is a minor I certify that I am legally able to give consent for the minor child.
• Due to the artistic nature of custom photography all sales are final.
• I agree that Edward Dillon Photography may use such images with or without my name for any lawful purposes, including but not limited to publicity, illustration, advertising, and web content. (Otherwise a Non-Disclosure Fee will apply).
•Initial order must be made within 6 months of photoshoot. If prices per images or prints shall change, client must pay the current prices of the date that the order is made. Exception: Christmas pictures must be placed before the end of the year.

DISPLAY RIGHTS & MODEL RELEASE

Upon acceptance of this agreement , Client is acting as agents for all members of the party and guests and grants Edward Dillon Photography the rights for display, broadcast , exhibition, promotion, and advertising use of all images produced under this contract , unless otherwise stated in writing by Client, in which case, a non-disclosure fee will apply. All photos remain the exclusive property of Edward Dillon Photography.

Terms & Conditions

1. Retainer and Payment. The Client shall pay a retainer in the amount of $25.00 minimum (The newborn/maternity combo is $50.00) to the Photographer to perform the services specified herein. The client shall pay the deposit upon booking a session. This retainer is payable via cash, check, email transfer. The balance of the session fee is due the day of the photoshoot.

2. Cancellation. If Client shall cancel less than 48 hours your retainer will be lost and not be transferable to another session. (see Failure To Perform section) A minimum of 48 hours is required for cancellation. Over 48 hours, the retainer can be transferred to a new booking. No refunds are issued.
Exception: Due to the popularity of the Mini Session specials (mothers day, fathers day, Christmas, Easter, Valentines Day, etc) are not refundable. If client needs to cancel, the deposit will not be transferable or refunded. Deposit will be lost.

3. Photographic Materials. All photographic materials, including but not limited to digital files, proofs and prints, shall be the exclusive property of the Photographer.

4. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio (Otherwise a Non-Disclosure Fee shall apply). If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.

5. Client’s Usage. The Client is obtaining prints and / or digital files for personal use only, and shall not sell said prints or digital files or authorize any reproductions thereof by parties other than the Photographer.

6. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the retainer 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 or computer 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 retail value of the Client’s order.

7. Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.

8. Photographer’s Standard Price List. The charges in this Agreement are based on the current session fee. The session fee is adjusted periodically and future sessions shall be charged at the prices in effect at the time when the session is booked.

9. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement 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 Agreement. This Agreement shall be governed by the laws of the Province of Quebec.

This agreement has been drawn up in English with the full consent of all parties. Ce contrat a été rédigé en anglais avec l’assentiment des deux parties.

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