Gift Certificate Session Contract
(applicable for Family, Maternity, Lifestyle Newborn, Fresh 48, Senior, and Engagement only)
1. Scope of Work:
This contract is for services and products related to a photography shoot by Sara Lally Photography LLC and the ‘CLIENT’ to take place within a year from purchase date. Gift Certificate expires after one year and new pricing will be applied to schedule session.
PHOTOGRAPHER agrees to provide no fewer than 25 photos for a full session and no fewer than 5 images for a mini session to CLIENT to view after the shoot, and is not required to provide more than this number of images. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary.
In consideration for the photography services provided by Sara Lally Photography LLC, CLIENT agrees to pay the sum discussed . CLIENT agrees to pay the photographer a non-refundable initial payment totaling 50% (fifty-percent) of the total price of the photography services upon signing this contract. The initial payment reserves the photographer’s time and is not a retainer or deposit. Sara Lally Photography LLC agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT.
The balance of the payment for photography services must be paid in full no later than 7 days after the SHOOT detailed in Section 1: Scope of Work.
3. Work Product:
All photos delivered to CLIENT are licensed for CLIENT’S personal use only. Photos from the SHOOT to be delivered to the client will be according to the following order.
Are any photos to be included in the price for photography services? YES or NO, ALL PHOTOS MUST BE PURCHASED SEPARATELY.
If photos are included in the price for photography services, the following will constitute the entirety of photos to be delivered to client and licensed for personal use only.
How many photos--included in the price--will be licensed to client, and in what resolution? Minimum 25, FULL
4.1 - Sara Lally Photography LLC and CLIENT agree that Sara Lally Photography LLC is under no obligation to capture any specific moment or pose or person(s) during the photography session.
4.2 - If Sara Lally Photography LLC is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, Sara Lally Photography LLC will return in full all payments made by CLIENT to Sara Lally Photography LLC in relation to this SHOOT.
4.3 - CLIENT agrees to indemnify and hold harmless Sara Lally Photography LLC for any liability, damage, or loss related to technological failure, including data loss.
4.4 - CLIENT understands and agrees that Sara Lally Photography LLC is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to CLIENT.
4.5 – CLIENT agrees to hold Sara Lally Photography LLC harmless for any personal injury which may occur as the CLIENT poses or works with Sara Lally Photography LLC.
4.6 – Sara Lally Photography LLC will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
5. Duty of Client:
CLIENT will obtain all permissions necessary for Sara Lally Photography LLC to photograph at the SHOOT. Sara Lally Photography LLC has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.
6. Exclusive Photographer:
CLIENT agrees and understands that no other party other then Sara Lally Photography LLC may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the Sara Lally Photography LLC or take pictures in these situations.
7. Model Release:
CLIENT grants permission to Sara Lally Photography LLC and its assigns, licensees, and sub-licenses, permission to use CLIENT’S image or likeness in any and all forms of social media. Therefore, Sara Lally Photography LLC may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising for Sara Lally Photography LLC via social media only.
8. Assignability and Parties of Interest:
CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. Sara Lally Photography LLC may sub-contract or assign this contract to any second-shooter, Sara Lally Photography LLC may assign any photographers associated with the Sara Lally Photography LLC to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.
9. Rescheduling Fee:
Should the CLIENT need to reschedule for any reason besides weather, with less than 72hr notice (discussed with Sara Lally Photography LLC), a $50 charge will be applied to total remaining balance.