Portrait Session Contract
TERMS & CONDITIONS
It is understood that Client is entering into a formal agreement ("Contract") with Melissa Michaud of Bebecitos Fotos (also referred to as “Bebecitos Fotos” or the "Photographer"). This Contract constitutes the entire agreement between both parties and will apply to all future transactions. It is understood that Melissa Michaud of Bebecitos Fotos is the exclusive official Photographer retained to perform photographic services requested in this “Contract". Where indicated, Client will check a box to acknowledge they have read, understand, and agree to the terms. Upon signature and receipt of required deposit, Melissa Michaud of Bebecitos Fotos shall reserve the time and date agreed upon.
SERVICE AGREEMENT & PHOTOGRAPHER’S RESPONSIBILITIES
The client agrees that Melissa Michaud of Bebecitos Fotos shall provide services to photograph to the best of our abilities in accordance with the portrait session selected. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretations by the photographer will be deemed acceptable and correct. Melissa Michaud of Bebecitos Fotos will do all that we can to ensure that you are satisfied with your images and products. We cannot be responsible for dissatisfaction due to circumstances beyond our control.
Re-shoots will not be given for poor choices of clothing, make-up, hair or weather-related issues, or by not following the recommendations of the photographer. Re-shoots are determined at the sole discretion of the Photographer. In the event that photographic materials are damaged or lost through camera or computer malfunction the photographer liability will be limited to a refund of the cost of the session fee.
If Melissa Michaud of Bebecitos Fotos cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, due to personal illness or emergency, or any other reason, then Melissa Michaud of Bebecitos Fotos shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. In the event Melissa Michaud of Bebecitos Fotos fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of all monies paid.
If the session fee must be refunded, Melissa Michaud of Bebecitos Fotos will have no further obligation to the client.
PAYMENT & CANCELLATION POLICY
Client agrees to the pricing policies on Melissa Michaud of Bebecitos Fotos's website at the time of booking, which is $150 for two hours of shooting time and delivery of around 50 fully edited, print-ready digital images.
Melissa Michaud of Bebecitos Fotos does not charge a travel fee for any location within 30 miles of Atenas, Costa Rica. Any location outside of these limits will be subject to an additional charge of $1 per mile. This fee applies to travel both to and from the location (both ways).
If an illness or situation prevents a photo session from taking place, Client may reschedule their session if notice is provided at least 48 hours prior to their session start time. Should Client fail to give 48 hours notice, or decide to completely cancel the shoot, this retainer is forfeited, and Client will need to re-book a session with Melissa Michaud of Bebecitos Fotos at their current rates. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of portraits meeting the artistic standards of Melissa Michaud of Bebecitos Fotos, the Photographer may elect to use an alternate location or to reschedule the portrait session.
PROOFS, GALLERY, & ORDERING
An online proof gallery featuring approximately 50 edited watermarked images (20 images for mini sessions) will be delivered to Client within three (3) weeks of the session date. The images that will be selected and edited are at the sole discretion of the photographer. All images that do not meet Melissa Michaud of Bebecitos Fotos’s quality and/or artistic standards will be purged from the Photographer's hard drive immediately. Under no circumstances will unedited or RAW files be given to client.
A notification will be sent to Client once the gallery is available for viewing. The gallery will remain active for 14 days. After 14 days, the gallery will expire.
Upon receipt of the gallery the Client will have the oppoortunity to suggest edits such as blemish correction, finish changes (color to black and white, etc.). Photographer is under no obligation to make edits to composition, exposure, touch-ups or finish changes. Once final images are agreed upon Photographer will deliver full-size, print-ready digital images within one (1) week. All images will be available for ordering for one (1) month following delivery of Client proof gallery. After one (1) month, all images will be purged from the Photographer's hard drive, with the exception of those images Melissa Michaud of Bebecitos Fotos selects to use for marketing and/or promotional purposes, to be determined by the Photographer at the Photographers sole discretion.
The prices for photographs, digital images, and other products are subject to the pricing at the time of ordering.
Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control. At the Photographer’s discretion, if images are lost or destroyed before the Client has the chance to purchase the images, the Photographer’s liability will be limited to a refund of the cost of the session fee.
Due to the custom nature of each session, all sales are final.
SESSION TERMS & LIABILITY
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release Photographer/Melissa Michaud of Bebecitos Fotos from any claims against their person or their business.
No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior written permission is granted by the Photographer. The photographer will not continue if there are other cameras or videotaping during the session. Only those being photographed and/or immediate family will be present during the session.
Failure to comply with any portion of the Session Terms and Liability section will result in termination of the portrait session.
COPYRIGHT & REPRODUCTION
The client agrees that all copyrights and/or intellectual property rights for all photographs taken at the session shall be held exclusively by Melissa Michaud of Bebecitos Fotos. It is a violation of federal copyright law to allow photographs created by Melissa Michaud of Bebecitos Fotos to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without our written permission. The client agree to purchase prints and products directly from Melissa Michaud of Bebecitos Fotos unless in possession of high-resolution digital files. The client agrees not to make copies for sale or for the purpose of circumventing sale of the images by Melissa Michaud of Bebecitos Fotos. The client agrees not to scan, copy or reproduce images in any manner without a written release.
The client agrees to refrain from copying, screen capturing, downloading, printing, sharing, scanning, saving, altering, or otherwise stealing from Melissa Michaud of Bebecitos Fotos. This applies to "sneak peeks", images posted on social networks (such as Facebook), images posted in Client's online proof gallery, on the Photographer's blog, website, or hard copies of digital images purchased. If Client steals images via any method listed above, or any other method, Client will be invoiced for the cost of EACH digital image Client has stolen, at photographer’s current price per digital file.
The client grants that Melissa Michaud of Bebecitos Fotos may use any images taken at the session for the promotion of its business and services. Including but not limited to: website, blog, studio display, internal and external promotional material, and product demos.
CHOICE OF LAW, AGE AGREEMENTS, & SIGNATURES
This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.
By signing this contract, client agrees they are at least 18-years-of-age or is the legal guardian of minor subjects. Melissa Michaud of Bebecitos Fotos has no liability if clients misrepresent their age.
The client has received, read, and agrees to all terms of copyright in this agreement and those descriptions set forth in the “copyright information” on the last page of this agreement and agrees to relay the details of this contract to any and all subjects involved in the session.
Copyright can be confusing. What is copyright? Who owns what? Why all the fuss? How can I get copies made? These are all questions that frequently arise. This info sheet is designed to provide information to help our customers understand why professional photos cannot be copied.
WHAT IS COPYRIGHT?
The U.S. Constitution and the Federal Copyright Act give “copyright” protection to “authors” for their “original works,” such as photographs. Among the protections that copyright owners have are the exclusive rights to: make copies of the work, prepare other works based on the original, and distribute copies of the work to the public by sale, rental, lease, or lending, and to publicly perform and display the work. These rights are protected by laws which provide for damages and criminal penalties for violations. Both the customer and the lab that violates copyright are subject to the law.
WHO OWNS WHAT?
The law says the “author” is the owner of the copyright. The author of a photo or image is the person who snapped the shutter or created the image. If you took the photo, you own the copyright. If a professional photographer took the photo for you, then he or she owns the copyright. If you decide to purchase the digital negatives from your session, you own the right to make unlimited reproductions of the images for personal use only.
WHY ALL THE FUSS?
The primary reason is economic. We invest a great deal of time and creative energy in creating the experience, idea, theme, setting, pose, lighting, background, and extra shots to get the right one. Many people have no idea about copyright and think since they paid us to take a picture of them that they own the copyright. This is far from true. While you own the prints you purchased, you do not own the right to copy the work in any way. Sharing non-watermarked images on social media networks such as Facebook, or otherwise distributing these images in a public forum without attributing credit back to the Photographer is considered copywrite infrigement.
FINES FOR COPYRIGHT INFRINGEMENTS
Fines for copyright infringement now exceed $150,000 U.S. dollars (per infringement). In other words, if someone takes a image that they did not take and publishes it or reproduces it without the copyright owners consent, then they are liable and could by fined up to $150,000 for each violation.
WHAT CAN’T I DO?
A few examples of what is considered copyright infringement include: scanning photos, photocopying photos, screen captures of online images for the purpose of printing, reproducing photos for yourself or others, etc.
Thank you in advance for adhering to these policies and respecting the value of our work.
Melissa Michaud of Bebecitos Fotos