Photography Agreement

Please ensure that you read over this agreement in its entirety.

Key Notes: Payment must be made in full no later than the morning of the session for portrait sessions. For event photography, payment must be paid no later than 1 Month prior to the start time; otherwise, there will be delays to travel and coverage start time.

1a. Payment and Mileage The CLIENT shall make a payment to the PHOTOGRAPHER to perform the services specified herein. Payment from the CLIENT must be received by the PHOTOGRAPHER 1 day before the scheduled session for portrait sessions, and 1 Month before the event start time for event photography. The CLIENT shall pay $0.63 per mile for travel more than 80 miles (One-Way) outside the 33881 zip code. (Sessions within Clearwater, St Pete, Anna Maria, Venice, and Sarasota are exempt unless otherwise specified).

1b. Non-Refundable Retainer

Under NO circumstances is the Non-Refundable Retainer paid at booking refundable to the CLIENT, including cases of bad weather. By agreeing to this policy, the CLIENT acknowledges that the PHOTOGRAPHER offers the option of rescheduling at no additional cost due to inclement weather, ensuring that the session can still proceed at a later date. This flexibility aims to mitigate the impact of bad weather on planned photography sessions. It is important for non-local CLIENTS to understand and accept the risk associated with weather conditions; the retainer will not be refunded due to weather-related issues. CLIENTS agree that the retainer fee fairly compensates the PHOTOGRAPHER for committing to provide the services and for turning down other potential projects/clients, especially those who are local.

1c. Mini Sessions/All Specials Requiring Full Payment.

Under NO circumstance is the amount paid at the booking refundable to the CLIENT. At a minimum, CLIENT agrees that the fee fairly compensates the PHOTOGRAPHER for committing to provide the services and turning down other potential projects/clients.

2a. Rescheduling

If the CLIENT requests to reschedule a session, the CLIENT must pay any due balance to be eligible to reschedule the session. The amount paid shall be applied to a rescheduled session if notice is given at least 48 HOURS prior to the scheduled event. If the notice to reschedule is given by the CLIENT, less than 48 hours before the session, a $25.00 rescheduling fee will be applied to the balance. If the rescheduling request is due to a CLIENT illness, less notice may be allowed.

The PHOTOGRAPHER or CLIENT may request to reschedule the session due to weather; discussion about the possibility of rescheduling due to weather should begin 12 HOURS prior to the session with a final decision made no later than 2 HOURS prior to the session. The CLIENT understands that if they are unable to reschedule the session to a date that works for the PHOTOGRAPHER, the RETAINER REMAINS NON-REFUNDABLE. The PHOTOGRAPHER will offer dates/times available to the CLIENT. Any money paid in addition to the initial retainer is refundable.

Rescheduled sessions must occur within the same calendar year.

2b. Cancellation/Postponement

CLIENT understands that by entering into this agreement, PHOTOGRAPHER is foregoing other photographic jobs.  In the event of cancellation or postponement of the portrait session/agreement by CLIENT, retainer fees are non-refundable. Retainers are transferable if a date change is necessary. Forty-Eight hours (48) notice of postponements or cancellations is appreciated. If it is not possible for a session to take place on a scheduled day due to weather, PHOTOGRAPHER and CLIENT will reschedule on an agreed date at the earliest date possible, with no additional charge. As a reminder if the CLIENT states no other dates/times will work, The Retainer remains Non-Refundable. (Please read Line 1B). PHOTOGRAPHER reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.

2c. Photographic Licensing and Cancellation Clause

Upon full payment and completion of the portrait session, clients will receive access to download all final edited digital images. However, should the contract be cancelled after images have been downloaded, a fee of $150 to $500 per image will be charged, depending on the circumstances surrounding the cancellation. This fee compensates for the use of images without the fulfillment of the contract. If clients have concerns or decide to cancel, they should refrain from downloading images to avoid these charges.

2d. Re-shoots/Refunds

Re-shoots are determined at the discretion of the PHOTOGRAPHER.  Re-shoots and refunds will not be given for no-shows, poor choices of clothing, make-up, hair, or weather-related issues, or by not following the recommendations of the PHOTOGRAPHER. CLIENT understands that sunsets and perfect weather are not guaranteed and can influence the session during editing.

2e. Weather Considerations

In acknowledgment of the unpredictable nature of weather, the following policy is established to address concerns regarding rainy or stormy conditions that may affect scheduled sessions:

  1. Rescheduling Due to Weather: The CLIENT is offered the option to reschedule the session at no additional charge should inclement weather prevent the session from taking place as scheduled. This flexibility is offered to ensure that the session can be conducted under more favorable conditions, without penalty to the CLIENT.

  2. Non-Refundable Retainer: Despite the provision to reschedule due to weather, the retainer paid by the CLIENT to secure the session date is non-refundable. This policy is in place to compensate the PHOTOGRAPHER for the opportunity cost of reserving the session date exclusively for the CLIENT, thereby declining other potential bookings.

  3. Travel Expenses: If the PHOTOGRAPHER has already commenced travel to the session location and the CLIENT elects to cancel the session due to weather conditions, making rescheduling unfeasible, the CLIENT shall be responsible for reimbursing the PHOTOGRAPHER for any travel expenses incurred.

  4. Severe Weather Clause: In the event a named tropical storm or hurricane is forecasted to affect Orlando, Tampa, or the CLIENT's hometown within 3 days of the scheduled session, the PHOTOGRAPHER will not impose any cancellation or change fees related to the postponement of the session due to such severe weather events. However, it is understood that the retainer remains non-refundable under these circumstances, ensuring the CLIENT's session can be rescheduled for a later date without additional financial penalty.

This policy is designed to provide a fair and reasonable approach to managing the impact of weather on scheduled photography sessions, balancing the need for flexibility with the financial and logistical considerations of the PHOTOGRAPHER.

2f. Client Health

If the CLIENT and/or attending CLIENTS have any sign of serious illness, the PHOTOGRAPHER can cancel the session with notice at any point during the session.

3. Late Arrivals

Any CLIENT that is late arriving at a session will have the amount of time late deducted from the time allotted for the session. This may also result in a reduction in the number of edited images. The PHOTOGRAPHER is not obligated to add any additional time for a CLIENT who is late to their session.

4. Cooperation/No Shows

PHOTOGRAPHER is not responsible if CLIENT and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to PHOTOGRAPHER. PHOTOGRAPHER’s camera is the only camera allowed in the photo session because of the distraction it causes, especially to small children, which hinders PHOTOGRAPHER’s ability to obtain quality shots. If CLIENT and/or key individuals fail to appear for a scheduled portrait session, the 35% retainer is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional 35% deposit.

5. Ordering Prints (If Applicable)

The PHOTOGRAPHER retains the right of discretion in selecting the photographic materials released to the client. The PHOTOGRAPHER shall make edited images available through an online gallery proofing website.

6. Digitals (Model Calls/Mini)

If the CLIENT chooses to purchase additional digital files for their session, the CLIENT will receive only the individual files in which they purchased, a limited print release, instructions on how to best print the high-resolution files, and watermarked low-resolution files suitable of online sharing. Digital files are not to be altered or edited in any way, nor are they to be resold. *This also applies to digitals included in the session*

7. Archive

All images are archived after 120 days of the session, except for promotional purposes. The PHOTOGRAPHER is not responsible for loss or damage of digital files for circumstances out of her control.

8. Schedule of Completion

Online Gallery shall be available to the CLIENT approximately 30 days after the session (7-8 weeks for Weddings). The CLIENT understands that the PHOTOGRAPHER does all editing and DOES NOT outsource. The completion time of editing is subject to change. No digital images will be released until the agreed-upon amount is paid in full, which is done before the session. PHOTOGRAPHER asks for a 7-14 day Cushion after 30 days, after this time period, the PHOTOGRAPHER will provide free prints to the CLIENT.

9. Model Release

The CLIENT hereby assigns the PHOTOGRAPHER the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from the use of images. I the CLIENT give Permission for the PHOTOGRAPHER to use my images for editorial, trade, advertising, educational and any other purpose.

10. Safety and Discretion

If the CLIENT chooses to not have their photos shared in the PHOTOGRAPHERS portfolio or in any marketing materials, that is the CLIENTS prerogative. Christine Vega Photography will respect the CLIENTS wishes 100%. All session photos will be kept in a password-protected gallery, available only to the CLIENT, unless the CLIENT consents to allow images to be used for marketing purposes.

11. Copyright and Reproductions

All photographic materials, including but not limited to unedited RAW files and edited JPEGs, shall be the exclusive property of the PHOTOGRAPHER. The PHOTOGRAPHER shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the PHOTOGRAPHERS website, Facebook, etc. If the PHOTOGRAPHER desires to make other uses, the PHOTOGRAPHER shall not do so without first obtaining the written permission of the CLIENT. 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.

12. Clients Usage

The CLIENT shall only use the digital files, in accordance with the permissions within this agreement. The CLIENTS prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The CLIENT may not authorize any reproductions by parties other than the PHOTOGRAPHER. If the CLIENT posts any of the digital files to social media (Facebook, Twitter, Pinterest, Instagram, etc.), the CLIENT may not alter the images in any way (Adding filters via Facebook/Instagram or any other editing software) and must give credit to Christine Vega Photography.

13. Social Media

The CLIENT may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. CLIENT shall not copy, download, screenshot, or capture the photographs in any other fashion. When posting digital files on Social Media that were purchased from the PHOTOGRAPHER, the CLIENT must still give credit to Christine Vega Photography

14. Failure to Perform

If the PHOTOGRAPHER is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the PHOTOGRAPHER, the PHOTOGRAPHER and CLIENT shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, PHOTOGRAPHER shall return the retainer to the client and shall have no further liability. Further, if the PHOTOGRAPHER is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the PHOTOGRAPHER, liability shall be limited to the retainer amount.

15. Liability

The PHOTOGRAPHER shall be held harmless for any and all injury to the CLIENT during the course of the photography session and the immediately surrounding events.

16. Postproduction and Editing

The final post-production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER. CLIENT understands that the PHOTOGRAPHER will do their best to photoshop people from the background and remove blemishes. CLIENT understands that the pricing only includes BASIC editing as listed in the sentence prior. For CLIENTS who request additional photoshop options, a price sheet will be provided.

17. Capture and Delivery

The PHOTOGRAPHER is not liable to deliver every image taken during the session. The determination of images delivered to the CLIENT is left to the discretion of the PHOTOGRAPHER.

18. Modification of Contract This Contract incorporates the entire understanding of the parties and is governed by the laws of Florida. Any modifications of this Contract must be in writing and signed by both parties.

Portrait Session Participation Guidelines

In order to ensure a focused, efficient, and safe portrait session, the following guidelines are established:

  1. Presence at the Session: Attendance during the session shall be limited exclusively to individuals actively participating in the photography session. This measure is to ensure that the PHOTOGRAPHER can maintain a controlled environment conducive to achieving the best possible outcomes from the session.

  2. No Background Photography: The CLIENT agrees that no photography by attendees other than the PHOTOGRAPHER will be allowed at a close distance during the session. This restriction is to prevent distractions and potential safety hazards. Violation of this rule may result in the offending party being asked to leave the session area to ensure the safety and integrity of the session.

  3. Direction of the Session: The PHOTOGRAPHER shall have sole discretion and authority over the session's direction, including poses, settings, and specific shot selections. The CLIENT may provide suggestions or requests prior to the commencement of the session, but once the session has started, the PHOTOGRAPHER will lead the proceedings to ensure a cohesive and efficient workflow. This approach is to guarantee that the session progresses smoothly and that the resulting photographs meet the professional standards and artistic vision of the PHOTOGRAPHER.

Adherence to these guidelines is essential for creating a productive environment for the portrait session and ensuring the safety and satisfaction of all parties involved.

Event Photography Addendum

This addendum to the Portrait Agreement outlines specific terms and conditions applicable to event photography services provided by the PHOTOGRAPHER:

  1. Distraction Disclaimer: The CLIENT acknowledges that the PHOTOGRAPHER shall not be held responsible for any distractions or unforeseen variables including but not limited to lighting conditions, the presence of guests, or other environmental factors that may affect the outcome of the photography. The CLIENT understands that the PHOTOGRAPHER will endeavor to produce the best possible results despite such challenges.

  2. Event Timeline Submission: The CLIENT agrees to submit a detailed timeline of the event to the PHOTOGRAPHER no later than 48 hours prior to the commencement of the event. This timeline is crucial for ensuring the PHOTOGRAPHER can prepare adequately and capture key moments as desired by the CLIENT. Should the CLIENT fail to provide a timeline, one will be created for them for a fee of $25. This condition is mandatory, and exceptions will not be made, ensuring the PHOTOGRAPHER is fully informed and prepared for the event.

  3. Unused Time Policy: If there is unused time remaining from the contracted photography services, the CLIENT may elect to apply this time towards future event photography services within the same calendar year. This offer is subject to the availability of the PHOTOGRAPHER and may incur additional travel fees, depending on the location of the subsequent event(s). This policy provides the CLIENT with flexible options for maximizing the value of their investment in photography services.

By signing this addendum, the CLIENT agrees to the terms herein, which are incorporated into and form a part of the original Portrait Agreement.

Session requests:

*Sessions start at the agreed-upon time. It is strongly encouraged for clients to arrive 10-15 minutes prior to the start of the session. In the event of a delay, please notify the PHOTOGRAPHER. Arriving late will cut into your contracted session time.

*Please do not bring children who are not being photographed to the session.

*Please avoid snacks that stain teeth and clothing.