~ Booking Policy ~

The following Contract is issued to outline the Photography Services Master Agreement between booking client (“Client”) and Every Little Moment Photography, LLC (“Photographer”), effective at time of booking (the “Agreement”). This Contract is subject to the terms and conditions contained in the Agreement between the parties and is made a part thereof. Any term not otherwise defined herein shall have the meaning specified in the Agreement. In the event of any conflict or inconsistency between the terms of this Contract and the terms of this Agreement, the terms of this Contract shall govern and prevail.

This Contract (hereinafter called the “Contract”), effective as of the time of booking, is entered into by and between Photographer and Client, and is subject to the terms and conditions specified below. 

Period of Performance

The Services shall commence on the booking date and time agreed on by both parties when the Client arrives for her scheduled shoot at the studio.  Photographer is NOT accountable for weather conditions. Services will continue until Photographer has delivered the Client’s images in gallery form 2 weeks after the shoot.  Photographer is also responsible for providing a disc of the Client’s selected images within 5 days of their selection*.

STUDIO LOCATION:  402 Main Street, Polo, MO 64671 PH816-654-3278

*Photographer is not responsible for making the client select images.  If the client has not selected their images by 30 days after the gallery has been made available, Photographer’s duties will have been filled.

Scope of Work

Photographer shall provide the Services and Deliverable(s) as follows:

Photographer will perform the above booked sessions of the client. Inspirational images provided by the client are encouraged, but not required.  The photographer will attempt client desired images, however, these images cannot be guaranteed. Photographer is not responsible for uncooperative subjects, or limitations of the shoot location.  This session includes a specific number of images, the number indicated in the session details at booking, of the clients choosing from a vast gallery. This gallery will be comprised of final edits and soft edited images, all images received will be completed edited. By editing only a select few from each pose, you’re able to view your gallery sooner. The images you select will be edited and uploaded into a downloadable gallery. If you wish to purchase additional images past the number included in your package you will be charged $15, including tax, per image. Please note that should you wish galleries for different family members can be opened for them to make their own selection, these selections are their own order and will be charged to the member making the purchase. This arrangement will be filed as a PCR (described below) for records.

Deliverable Materials

• Image Gallery for Client to select their desired included images.
• High resolution images, via digital download link, a disc maybe purchased if desired.   
• Print Release Form – Allows clients to print images at any print lab, good for the life of the images.**

Photographer Responsibilities

• Photographer will respond to all communications to acknowledge their receipt. 
• Photographer will conduct the requested session, at the date/time selected at time of booking.
• Photographer will provide a proof gallery within 2 weeks of the shoot date for client to make selections.
• Photographer will make enhancements to the client’s selected photos.
• Photography will send a link to Client containing the downloadable images, within 5 days of selection. 
• Photographer will give clients a PERSONAL print release, for the life of the images. *See Terms and Conditions for more details.

Client Responsibilities

• Client will respond to all communications to acknowledge their receipt.
• Client will pay the full session price at least 1 week prior to the session date.
• Client will sign and acknowledge this contract, along with the Photographers Term & Conditions sheet and model release form, when required.
• Client image selection will be made within 14 days of proof gallery information being sent.  If selection is not made within 14 days, the client must pay a fee of $20 to reopen the online gallery for another 14 days.
• Client will ensure they have obtained and understand the print release form, should they want to use print labs other than the photographer. Note: Not all contracts include a print release form and therefore it may be an additional cost

Completion Criteria

Photographer shall have fulfilled her obligations when following occurs:

• She has conducted the shoot on the date specified in this contract.
• Provided an online viewing gallery for the client to select their photos.
• Delivered the downloadable gallery to the client.

Photographer’s obligations are subject to contingencies dependent on the client.  These contingencies are listed in the assumptions section.

Assumptions

Photographer will keep the Client’s proof image gallery open for 14 days of proof gallery information being sent.  If selection is not made by Client within 14 days, client must pay a fee of $20 to reopen the online gallery for 14 days.  Photographer is not responsible for making the client select images. If client has not selected their images by 30 days after the shoot, Photographer’s duties will be mark fulfilled.

Terms & Conditions

The following are the Terms & Conditions associated with the digital images captured/created by the Photographer.

1. Definition: “Image(s)” means all visual representations furnished to Client by Photographer, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media. Unless otherwise specified on the front of this document, Photographer may deliver, and Client agrees to accept, Images encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the subject matter of each Image and the reproduction technology and uses for which the Image is licensed. It is Client’s responsibility to verify that the digital data (including color profile, if provided) are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction within 30 days of receipt. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages. Unless otherwise specifically provided elsewhere in this document, Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client.
2. Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Photographer. Unless otherwise specifically provided elsewhere in this document, any grant of rights is limited to a term of one (1) year from the date hereof and to usage in print (conventional non-electronic and non-digital) media in North America. Unless otherwise specifically provided elsewhere in this document, no image licensed for use on a cover of a publication may be used for promotional or advertising purposes without the express permission of Photographer and the payment of additional fees. No rights are transferred to Client unless and until Photographer has received payment in full. The parties agree that any usage of any Image without the prior permission of Photographer will be invoiced at three times Photographer’s customary fee for such usage. Client agrees to provide Photographer with three copies of each published use of each Image not later than 60 days after the date of first publication of each use. If any Image is being published only in an electronic medium, Client agrees to Provide Photographer with an electronic tear sheet, such as a PDF facsimile or URL of the published use of each such photograph, within fifteen (15) days after the date of first publication of each use. Unless otherwise specifically provided elsewhere in this document, all usage rights are limited to print media, and no digital usages of any kind are permitted. This prohibition includes any rights or privileges that may be claimed under §201(c) of the Copyright Act of 1976 or any similar provision of any applicable law. Digital files may contain copyright and other information embedded in the header of the image file or elsewhere; removing and/or altering such information is strictly prohibited and constitutes violation of the Copyright Act. All fees and expenses payable under this agreement are required irrespective of whether Client makes actual use of the Images or the licenses to use them. Unless specifically provided elsewhere in this document, no reprographic, reprint, republication or other secondary reproduction usages may be made, and usage rights are granted only for one-time, English language North American editorial print editions of the publication listed on the front of this document and six month searchable archive use on the website of that publication.
3. Print Release:  A print release is needed for the client to print images or other media using the images obtained from this shoot. 
   LICENSEING NOTICE**
   The images that are being provided to you are licensed copies for any reasonable personal purposes, including but not limited to: printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature.
   Every Little Moment Photography may revoke this license at any time for any reason. Every Little Moment Photography retains all copyrights to the images and derivative works thereof. By using any of these images, you are agreeing to the above terms.
4. Photo Credit: All published usages of Images will be accompanied by written credit to Photographer or copyright notice as specified on the reverse side. If no placement of a credit or copyright notice is specified on the reverse side, no credit or notice is required. 
5. Alterations: Client will not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted on the reverse side. Client may not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, including making digital scans unless specifically permitted on the reverse side, except that cropping and alterations of contrast, brightness, and color balance, consistent with reproduction needs may be made. 

Cancellation Policy

CANCELLATIONS: Client has 1 week prior to the shoot to cancel or re-schedule said shoot without penalty.  This shoot can only be re-scheduled once and must be within 30 calendar days of the original shoot date. Should the client fail to alert the photographer before that 1 week time frame for a rescheduling/cancellation, they forfeit 50% of the session price as a cancellation fee. If the Client is a NO-Show on the date of the session, Photographer will keep the entire session fee as payment for time. 

RE-SHOOT: Client will be charged 100 percent fee and expenses for any re-shoot required by Client. For any re-shoot required because of any reason outside the control of Client, specifically including but not limited to acts of God, nature, war, terrorism, civil disturbance or the fault of a third party, Photographer will charge no additional fee, and Client will pay all expenses. If Photographer charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expenses covered by insurance. A list of exclusions from such insurance will be provided on request.

RE-SHOOT CANCELLATIONS: Should client cancel or NO-Show less than 72 hours before the re-shoot, the Photographer will keep the entire session fee, plus an additional fee of $50, as payment for time. 

****Please note that this policy does NOT apply to mini sessions, as mini sessions cannot be rescheduled.  Non-refundable retainers for mini sessions must be used within 45 days on another mini session of equal value, or as credit towards another session. ****

By booking a session with us you are agreeing to the above policies.

This concludes the booking and cancellation policies. UPDATED AUG2023