Emma Eagle Photography
Terms and Conditions
1. Fees:
In consideration for the photography services provided by Emma Eagle Photography, CLIENT agrees to pay the sum in full. CLIENT agrees to pay the photographer a non-refundable initial payment totaling at least 25% of the total price of the photography services upon signing the contract. The initial payment reserves the photographer’s time and is not a retainer or deposit. Emma Eagle Photography agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason up to 5 days prior to session date, the initial payment will not be returned to CLIENT. If cancelled before 5 days, deposit will be returned. The balance of the payment for photography services must be paid in full no later than 7 days after the SHOOT.
2. Work Product
All photos delivered to CLIENT are licensed for CLIENT’S personal use. Edited images from the shoot to be delivered to the client will be via Dropbox download link no more than thirty days (30 days) after the date of the SHOOT.
CLIENT understands that if prints are purchased, the price will be separate from the session fees and will be determined based on number and type of prints. CLIENT also understands that prints may take longer to process and deliver.
3. Indemnification:
3.1 – Emma Eagle Photography and CLIENT agree that Emma Eagle is under no obligation to capture any specific moment or pose or person(s) during the shoot but will strive to capture a variety of poses and backgrounds.
3.2 - If Emma Eagle is unable to perform the services in the contract due to any cause outside its control, such as fire, flood, casualty, act of terrorism, illness, or any other reasonable cause outside the photographer’s control or expectation, client agrees to indemnify photographer for any loss damage or liability; however, Emma Eagle Photography will return in full all payments made by CLIENT to Emma Eagle in relation to this shoot.
3.3 - CLIENT agrees to indemnify and hold harmless Emma Eagle Photography for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. Emma Eagle will take reasonable steps to prevent data loss but is not liable for loss of data due to technical failure.
3.4 - CLIENT understands and agrees that Emma Eagle Photography is required to retain copies of a reasonable number of photos from the shoot for 60 days after the shoot. After this period has expired, Emma Eagle has no duty to retain copies or originals of files or photos from the session. It is the responsibility of CLIENT to purchase, store, and backup photos after the 60-day period. This clause is subject to the limitations in Section 4.3.
3.5 – CLIENT understands and agrees that Emma Eagle may have cords, light stands, and other gear at the location. CLIENT will hold Emma Eagle harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. CLIENT further agrees to hold Emma Eagle harmless for any personal injury which may occur as the CLIENT poses or works with Emma Eagle.
3.6 – CLIENT agrees and understands that the quality of a photograph is entirely subjective. Emma Eagle will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
3.7 – CLIENT agrees and understands that Emma Eagle may perform digital retouching of photos, including blemish removal, creative effects, teeth whitening, and other digital image edits. CLIENT agrees to hold Emma Eagle Photography harmless for any edits which may be viewed as defamatory or demeaning.
CLIENT will obtain all permissions necessary for Emma Eagle to photograph at the SHOOT. Emma Eagle Photography 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.
5. Model Release
CLIENT grants permission to Emma Eagle Photography and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, Emma Eagle Photography may use CLIENT’S likeness and image on Emma Eagle Photography’s website or other advertising. If CLIENT is not comfortable with the model release clause, please contact Emma Eagle Photography about it.