Sandra McCarthy Photography Contract
AGREEMENT
This Agreement constitutes a full and complete agreement between the parties. There are no oral or other agreements that supplement, modify, or supersede this Agreement. This Agreement describes the terms and conditions applicable to the services available by Sandra McCarthy Photography. This Agreement describes the client’s responsibilities and, among other things, limits the liability of Sandra McCarthy Photography.
SESSION DETAILS
The Session Fee (when applicable) is a non-refundable retainer payable to secure services with the Photographer. Sessions may be rescheduled due to sickness, or when the Photographer feels there are inadequate weather conditions. Please give the Photographer as much notice as possible. If the Client cancels the session, all monies paid are forfeited. One reschedule due to illness, emergency, or weather may be granted at the Photographer's discretion. Additional reschedules may require a new Session Fee. Photographer may agree to apply the session fee to a future session.
Most sessions include an in-person Reveal Session. The client will view all final images and make all ordering decisions at this time. All decision makers should be present at the Reveal Session. Payment is due at the ordering session. All orders placed 60 days or more after the session was held will be subject to the current studio pricing. Unordered images are archived for 60 days following the Reveal Session. After that time, the Photographer may permanently delete the files without notice.
Print orders will be ready for delivery approximately four weeks after payment has been received. Specialty items, such as albums, framing, or gallery wrapped canvases may take six to eight weeks.
Due to the custom nature of photographic artwork, all sales are final. Orders may be modified or canceled within 48 hours of placement. After that time, no refunds, exchanges, or cancellations will be permitted.
Images will not be delivered until all fees have been paid in full. There is a $30 fee for returned checks.
The Client is responsible for digital storage of all digital media purchased. Please back up your files on your computer as well as a cloud storage for maximum protection. Digital media does fail. The Photographer is under no obligation to retain digital files after delivery of the purchased products and/or digital images.
LIMITATION OF LIABILITY
If Sandra McCarthy Photography cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness or emergency, then the Photographer shall return any deposit or session fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, or otherwise lost or damaged without fault on the part of the Photographer. In the event Sandra McCarthy Photography fails to perform for any other reason, Sandra McCarthy Photography its organizers, principals, members, managers, agents, employees or representatives and/or Sandra McCarthy, individually, her heirs, administrators, executors, successors or assigns shall not be liable for any amount in excess of the retail value of the Client’s order.
By agreeing to this session, client hereby releases, discharges, holds harmless and indemnifies Sandra McCarthy Photography its organizers, principals, members, managers, agents, employees and representatives and anyone one else acting on its behalf and Sandra McCarthy individually, her heirs, executors, administrators, successors and assigns from any and all claims, actions, suits, liabilities, and/or proceedings both in law and in equity that the client, clients pets, clients children, wards and/or the parents and/or guardians of the children or ward may have or will have in the future for any injury and/or damages arising from or in any way related to this session.
HEALTH AND VACCINATION ACKNOWLEDGMENT
The Client represents that all animals participating in the session are healthy and do not present a known danger to people or other animals. The Client remains solely responsible for the behavior and control of their animal(s) at all times during the session.
The Client acknowledges that participation in a photography session may involve exposure to outdoor environments, public spaces, wildlife, insects, other animals, and conditions beyond the Photographer's control. The Client is solely responsible for determining whether their animal is healthy and appropriately vaccinated for participation in the session and for consulting with their veterinarian regarding any health concerns.
The Photographer does not represent or warrant that any location is free from disease, parasites, viruses, bacteria, or other health risks. The Client voluntarily assumes all risks associated with participation in the session and releases Sandra McCarthy Photography from any claims arising from illness, injury, infection, or medical condition allegedly contracted or aggravated as a result of attending the session.
USE OF IMAGES
The client shall not use the Images for profit or any other commercial purpose, nor shall the client knowingly give the Images to any persons who will use the Images for profit or any other commercial purpose. This includes, but is not limited to: entry into contests, sales to stock photography agencies, and publishing for advertising or profit in any form. Written permission must be obtained from Sandra McCarthy Photography if you wish to use images in a commercial manner.
Clients purchasing digital images will receive a Copyright License Agreement from Sandra McCarthy Photography that will allow the client to reproduce and distribute all purchased digital images, so long as it is for their personal enjoyment. Clients may not utilize the images for commercial use, photo contests, or alter the image in any way other than cropping when printing.
The Photographer is not responsible for damage to products after delivery. The Client is responsible for inspecting all products upon receipt and notifying the Photographer of any manufacturing defects within 3 days of delivery.
NOTICE OF COPYRIGHT
The Federal Copyright Law protects copyright. Sandra McCarthy Photography shall retain ownership of the copyright to 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 submission and use, advertising, or for display within or on the Photographer's website and/or studio in all media forms now known or hereafter devised. Sandra McCarthy Photography reserves the right to sell images for stock or commercial use, this does NOT apply to any image with a human adult or child. Images containing human subjects will not be used for stock or commercial use without your written permission.
Unauthorized reproduction or distribution of copyrighted images may constitute copyright infringement under Federal Copyright Law and may subject the infringing party to statutory damages, attorney's fees, and other remedies available by law. Sandra McCarthy Photography goes to great lengths to provide top-quality, beautiful images that you are proud to display. Copying and scanning these images greatly reduce their beauty and quality. Please contact us if you would like additional prints.
This Agreement qualifies as a model and property release for you, your pets, and your child(ren). The client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons and property included in the portrait in this manner and shall indemnify and defend Sandra McCarthy Photography in the event of litigation arising out of such use.
ARBITRATION
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
SEVERABILITY
In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The laws of the state of New Hampshire shall govern this Agreement.