The Photographer: Heidi Crawford
The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Proof: Samples of all edited photos, in which Whimsy & Glow Photography (The Photographer) holds all exclusive rights to. These cannot be saved to Client’s computer, used on social networking sites, or printed, and will contain either Heidi’s Photography’s logo, watermark, or proof stamp.
Digital Images: High-resolution digital copies of the final images will be delivered via digital gallery. Client receives license for personal use. Whimsy & Glow Photography grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo.
Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.
Booking and Rescheduling
The $50 retainer is required of all sessions and is non-refundable. Clients are permitted one rescheduled session if rescheduling request is made at least 48 hours before the session and must be made within six months from the current sessions booking date.
Sole Photographer During Session
During your photography session with Whimsy & Glow Photography, the Photographer (Heidi) will be the ONLY person permitted to take photos. Parents, friends, family, and anyone else attending the session are NOT permitted to take any photo with cameras, camera phones, tablets, etc. Doing so will result in end of session.
Facebook Sharing and Other Social Media
It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that Whimsy & Glow Photography is credited and photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Whimsy & Glow Photography has uploaded to Facebook or her website, or from the low-resolution images offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.
Sharing can NOT be done via screenshots of photos on Facebook or the Proofing gallery.
Proofs and Ordering
Your proofs will be available on Whimsy & Glow Photography’s website, in a gallery to view 1-2 weeks after your portrait session. Your final image selection must be made within 2 weeks of your proof gallery being sent to you. Final edited images will be available 2 weeks after the date you confirmed your final images. Clients may request a re-opening of their gallery after it has expired. An unarchiving fee of $25 will be incurred. Upon receipt of payment your gallery will be live for 14 days.
Whimsy & Glow Photography reserves the right to edit and release only the images that are deemed credible as professional in quality and within Whimsy & Glow Photography’s standards. The photographer enhances photos via corrections to contrast, lighting, and color, as well and removal of acne, rashes, and accidental last minute scratches, bumps, etc. Whimsy & Glow Photography does not change any inherent qualities of a person, as it is considered a "cosmetic edit" and will cost $15 per photo if it is requested by the client after seeing the edited proofs. Cosmetic edits include, but are not limited to: removing unwanted facial hair, adding hair to balding head, changing hair color, changing shape of nose, eyes, body, etc. It is requested the client take care of all cosmetic changes before the shoot if they do not wish to have gray hair, facial hair, etc in final photos.
Once again, edits are solely made by Whimsy & Glow Photography, any edits by clients or family members to digital files will void contract and close gallery from future re-openings.
Copyright and Reproductions
Whimsy & Glow Photography (The Photographer) shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. 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, website, or for display within or on the outside of the Photographer’s studio.
Retainer and Payment
The Client shall make a retainer to the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. Balance shall be paid in full 48 hours via invoice before the session for the service to be provided. Whimsy & Glow Photography accepts all major credit cards.
The Client is obtaining photography services for personal use only, and shall not sell said prints. If Client is obtaining a print for newspaper announcement of the wedding, editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph. If Client is obtaining photography services for commercial use, Client shall give photographer credit where applicable, and agree to post advertisements and/or business cards on behalf of The Photographer at their place of business.
Client is never permitted to edit or alter any photo that is copyright of Whimsy & Glow Photography.
Client Printing from Source other than Photographer
The Photographer is not responsible for inevitable low-quality resulting from Client printing from any and all non-professional printing labs, including, but not limited to Walmart, Walgreens, Target, CVS, etc. It is to be noted that Whimsy & Glow Photography suggests printing directly from Heidi as she works closely with professional printing labs to ensure gorgeous and accurate prints.
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 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 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.
Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client.
Whimsy & Glow Photography reserves to right to terminate coverage and this contract, and leave the location of the event(s) if the photographer representing Whimsy & Glow Photography experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.
Whimsy & Glow Photography does not take responsibility for any bodily harm caused to her clients during a photo session, due to weather conditions. Please be sure to always wear appropriate footwear to sessions especially during the winter. Whimsy & Glow Photography also does not take responsibility for any children during the portrait session. Please be sure to keep an eye on your child(ren) the entire time during a portrait session. If Heidi is photographing a large family, it is each individuals families responsibility to keep their children under control.
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.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. 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 State of Arizona.