This Contract is in place to explain the details of a Photography Session with Captured Moments By Melissa and to make sure that i can meet your expectations. Please Read this entire document. Please keep a copy for your records.
All prints and products can be ordered via your REVEAL/ORDERING SESSION All selections must be made the day of your REVEAL/ORDERING SESSION
Entire Agreement: This Agreement contains the entire understanding between Captured Moments By Melissa and the CLIENT. It supersedes all prior and simultanious agreements.
Reservation: A signed contract and NON REFUNDABLE RETAINER is required to reserve the specific coverage.
Non Refundable Retainer/Session Fees: A NON REFUNDABLE RETAINER of atleast 50% is required to reserve your session date and is NON-Refundable. However, the above stated retainer will be applied to the total cost of your session fees. Session Fees are due one day prior to your session date.
Copyrights: The photographs produced by Captured Moments By Melissa are protected by Federal Copyright Laws (all rights reserved) and MAY NOT be reproduced in any manner without Captured Moments By Melissa's explicit written permission. It is a breach of this agreement to not only reproduce the images, but to display them on social networking sites (Facebook.com, Twitter.com, Instagram.com etc.). If displayed on social networking sites, photos MUST say photos by Captured Moments By Melissa somewhere visible on the photo or on the information tab below each single photo. Upon Flashdrive/link distribution or images purchased off your online web gallery, limited copyright ownership of the resulting images will be transferred to the client under the following conditions.
The photographic images are the property of the client for personal use and for the purpose of the reproduction and giving of photographs to friends and relatives.
The CLIENT must obtain written permission from and compensate Captured Moments By Melissa prior to the Client or the client's friends and relatives publishing or selling the photographs for profit.
Exhibition: Requests for photographic images to be used by Captured Moments By Melissa are not required. CLIENT grants Captured Moments By Melissa permission to display selected images resulting from this session as an example of Captured Moments By Melissa's work and for the entrance competitions and release all claims to profits that may arise from use of images as well as any print or online publication. Captured Moments By Melissa grants client limited rights to use the images in marketing materials with specifications that photo by Captured Moments By Melissa is listed on the image/article. If client requests to use the image in the distribution of products such as but are not limited to posters, clothing, etc. a 5% compensation rate of the total number of sales will apply unless otherwise agreed upon in writing.
Minor and Non Minor Model Release: The CLIENT hereby grants Captured Moments By Melissa and it's legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT and/or the CLIENTS MINOR CHILDREN or in which the CLIENT and/or CLIENTS MINOR CHILDREN may be included who is being photographed, for editorials, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction;and to copyright the same. The CLIENT hereby releases Captured Moments By Melissa and it's legal representatives and assigns from all claims and liability relation to said photographs.
Miscellanious: This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. This Agreement shall be governed by the laws of the State of Missouri in the County of Clay and any applicable federal laws.
RAW/UNEDITED: IMAGES: Under NO CIRCUMSTANCES will Captured Moments By Melissa give CLIENT any RAW OR UNEDITED images.
CELLULAR DEVICES/CAMERAS/CAMCORDERS: While your session is taking place you may not use your cell phone,personal camera,or camcorder to take pictures or record any of your session.However you may use your personal cellular device to make outgoing or accept incoming calls ONLY. I do ask that you keep the volume down as not to disturb baby while in the middle of our session.The Photographer Captured Moments By Melissa can and will stop and terminate session if you use any of the above devices to take pictures/videos of your session taking place.
TURN AROUND TIME: If you purchase digital images from your session you can expect them to be ready and delivered to you by 2 1/2-3 weeks time.If ordering products from your session you can expect these items(depending on nature and design process) to take up to 6 weeks.
ARCHIVAL OF IMAGES: After your REVEAL/ORDERING session your images will be ARCHIVED/STORED for a TOTAL of 6 (SIX) MONTHS. If you decide to not purchase at your reveal/ordering appointment you will have 6 (six) months from the date of said reveal/ordering session to place an order. If you have not made a purchase at the end of your 6 month time frame and wish to do so after the above stated time frame, there will be a ARCHIVE RETRIEVAL FEE in the amount of $50 to re open your session. After 1(ONE) year of NO ACTIVITY your images from your session will be purged.
CANCELLATION POLICY: All NON REFUNDABLE RETAINERS and PAYMENT PLAN PAYMENTS are NON REFUNDABLE in the event of a NO SHOW OR CANCELLATION. In the event that there is an EMERGENCY on your part your NON REFUNDABLE RETAINER or PAYMENT PLAN PAYMENT may be TRANSFERABLE to a different session at a later determined date. Proof of EMERGENCY will be required. In the event of a NO SHOW OR LAST MINUTE CANCELLATION you wish to schedule another session a new NON REFUNDABLE RETAINER will be required.
PAYMENT PLANS: PAYMENT PLANS with Captured Moments By Melissa are only accepted when booked 3 months or more in advance. Your first payment will be due on the day that you book your session and the remaining amount will be due monthly on the same date until session is paid in full. Due to the nature of planning on my part PAYMENT PLAN PAYMENTS are NON REFUNDABLE in the event that you cancel your session.
PAYMENT PLAN FOR PRODUCTS: Payment plans for products will not exceed 6 months and may be less than 6 months if you so choose. Payments will be split up over the above months of your choosing but not to exceed 6 months and will be due on the same date every month until paid in full. ABSOLUTELY NO PRODUCT WILL BE GIVEN until payment plan has been paid in full.
LATE POLICY: In the event that you are late to your session,no extra time will be given. You are given alloted times for sessions,Captured Moments By Melissa will not be liable for images not taken due to your tardiness.
RESHOOTS
CLOTHING/PERSONAL APPEARANCE/UNCOOPERATIVE SUBJECTS:
Reshoots are to be determined at the discretion of the Photographer. Captured Moments By Melissa, Reshoots and refunds WILL NOT BE GIVEN for poor choices of clothing,make up,hair or the cooperation of subject issues i.e. (not following the newborn session prep guide that is sent to you) or by not following the recommendations of the Photographer. Captured Moments By Melissa. Your cooperation is required before and during any session held with me,Captured Moments By Melissa.
NON REFUNDABLE RETAINER: Is a fee that retains my services for your scheduled session date that i've turned down other work for.Captured Moments By Melissa's NON REFUNDABLE RETAINER is just that NON REFUNDABLE. However when you pay your NON REFUNDANLE RETAINER and show up on time to your scheduled session,the above retainer will be applied to the total amount of your session fee.
NEWBORN SESSION PACKAGES: Newborn session packages do include product. You have 3 months from the date of your REVEAL/ORDERING session to pick your images if you have not done so at your REVEAL/ORDERING SESSION. After 3 months of imactivity/ordering there will be a reopen fee of $50
IMAGES: While Melissa does capture many images during your session,you will see only those images selected by her,the artist,for previewing.I carefully render each image to ensure maximum atistry and technical perfection. Images with eyes closed,heads turned,duplicates etc will not be shown and are removed from my archives permanently after the artist rendering is complete.
Liability: You agree to hold harmless Melissa Sanford,her representatives,emplyees, and Captured Moments By Melissa from any dispute in the event you or any member of your family become injured during your session or while on studio premises. Captured Moments By Melissa and it's representatives will not be held liable for any injury to you,your children,or your family members, or to any damage to your property during the photo session or while on studio premises/