Client Contract

Entire Agreement:  This agreement contains the entire understanding between Ten Little Bluebirds’ photography and the CLIENT.  It supersedes all prior and simultaneous agreements between the parties.  The only way to add or change this agreement is to do so in writing, signed by all the parties.  If the parties want to waive one provision of this agreement that does not mean that any other provision is also waived.  The party against whom a waiver is sought to be effective must have the waiver in writing.

Session Costs: If there are any costs/fees associated with the location that the client has chosen for the session, the client will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Session fee covers travel within 10 miles of Chicago, IL. Any location outside of these limits will be subject to an additional charge of $.50/mile as part of the agreement.

Reservation:  A signed contract and the reservation fee are required to reserve the photography session.

Schedule:  If an illness or situation prevents a photo session from taking place, the client may reschedule their session at least 24 hours prior to their shoot without penalty. Should the client fail to give 24 hours notice, or decide to completely cancel the shoot and not reschedule within 30 days, the session fee is forfeited, and will not be refunded. The photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond her control and will work with the client to reschedule as soon as possible. 

Cooperation:  The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for the photographs. Ten Little Bluebirds’ photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Ten Little Bluebirds’ photography beforehand.

Copyrights:  The photographs produced by Ten Little Bluebirds’ photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Ten Little Bluebirds’ photography’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, Myspace.com,etc). If displayed on social networking sites, photos must say photos by Ten Little Bluebirds’ somewhere visible on the photo or on the information tab below each single photo.   Upon Dropbox 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 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 Ten Little Bluebirds’ photography 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 Ten Little Bluebird’s photography may be requested at a future time.  Client grants Ten Little Bluebirds’ photography permission to display selected images resulting from this assignment as an example of {your company} photography’s work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.If client's photo is requested to be used in any print or online publication, they will discuss this with Ten Little Bluebirds. Ten Little Bluebirds grants client-limited rights to use the images in marketing materials with specifications that photo by Ten Little Bluebirds 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.

Model Release:  Client hereby grants Ten Little Bluebirds’ photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, 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 Ten Little Bluebirds’ photography and its legal representatives and assigns from all claims and liability relation to said photographs.

File Storage:  After (1) month from the order date, all images will be purged from the photographer's hard-drive, except as needed for promotional purposes, to be determined by photographer at the photographer's sole discretion. 

Limit of Liability: Photographer is not responsible for injuries inflected upon any participating parties. Client(s0 will be responsible for their children and for themselves and release the photographer from any claims against any claims against their person or their business. Ten Little Bluebirds’ photography takes the utmost care with respect to exposure, transportation, and processing the photographs.  However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Ten Little Bluebirds’ photography’s control, Ten Little Bluebirds’ photography liability is limited to the return of all payments received for the event package.  The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

Completion Schedule: Editing takes approximately 3 weeks for gallery delivery. Prints and albums can take up to 4 weeks to be shipped to the client after the client puts in the order. The gallery automatically deactivates after 7 days.  There is a $75 reposting fee for an additional 48 hours.

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