Retainer Fee & Payment
For all sessions except mini sessions and theme mini sessions, a non-refundable retainer fee of 20% is due upon booking your appointment. Payment is accepted via cash, check or credit card. There will be an additional $50 fee for any returned or cancelled checks. The 20% retainer fee will be applied towards your Session Fee. This contract between Brandee Anthony Media and Client shall not become effective until it is signed and the retainer fee has been paid.
It is understood that Brandee Anthony Media (here by referred to as "Photographer") is the exclusive official photographer retained to perform the photographic services requested on the contract.
No other cameras, video cameras, or cell phone pictures are permitted during the session unless approved before hand.
-Photographer is not responsible if Client(s) or other individuals fail to appear or cooperate during photography sessions. If Client and/or other individuals fail to appear, the session fee is non-refundable. While I do my best to work with unforeseen circumstances, no refund or reshoot will be provided solely due to uncooperative participants.
-If Client and/or associated party is less then 15 minutes late, the shoot will be cut short by the corresponding amount of time. If Client and/or associated party is more than 15 minutes late, the shoot will be rescheduled and an additional fee of $50 will be due prior to the start of the rescheduled session. Extenuating circumstances (such as a car accident) will be taken into consideration.
-In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will reshoot at a 30% discount from the original session fee. Client will obtain digital copies from the second portrait session only. In the unlikely event that the finished product from a portrait session is unusable due to camera or data storage failure, Photographer will reshoot at no additional charge. No refund will be issued in the case of technical failure. Special consideration will be given to sessions that cannot be recreated (special event, participants from out of town, etc).
-It is also understood that Client is hiring Photographer for their technical and artistic expertise and, therefore, Photographer reserves the right to edit the images as she sees fit.
Photographer will not give out any unedited RAW files.
Gown Use Policy
Cost to borrow a gown for shoot is complimentary but if you harm the dress in any way - stain, tear or anything else of the sort , you are responsible to pay $250 for a replacement gown. There are no other options to this, if something happens at all to the dress while in your care you will pay for a new one.
Limited Edition Sessions
All Limited Edition sessions are special occasions and very high in demand. Full payment is due to book a spot for a Limited Edition and is non refundable. If you cannot make it please know you will not be reimbursed. If you are late for a themed mini you will give up your time slot, these are fast paced shoots with many bookings back to back in one day.
Location Cost & Travel Fees
If there are any costs/fees associated with the location Client has chosen for their session, Client will be responsible for those fees. Photographer will not guarantee or arrange payment on any location. Session fee covers travel within (20) miles of photographers location (this changes). Any location outside of these limits will be subject to an additional charge of $1.50/mile for coverage of time, gas, and wear and tear on the vehicle as part of the agreement.
Rescheduling & Cancellations
At the time the contract takes effect, the Photographer shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event the client cancels the contract for any reason, weather it be rescheduling, cancelling the shoot or fails to show for session, without giving 48 hours notice, all monies paid shall be retained by the Photographer in order to offset its loss of business. Rescheduled sessions must occur within (30) days of the original session date. A $50 rescheduling fee will apply to sessions occurring outside of the 30 days. Availability is based on Photographer’s schedule. Excessive rescheduling may also result in the loss of your retainer fee and ability to book with this company. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control. Themed mini sessions cannot be rescheduled due to their specific nature.
Reshoots (due to weather, etc.) are determined at the discretion of Photographer. If a reshoot is deemed necessary, it is to take place within (30) days of the original session date, at the same location, and will last no longer than (30) min to get the necessary images to fill your gallery. Re-shoots will not be given for poor choices of clothing, make-up, hair, etc., or by not following the recommendations of Photographer. Themed mini sessions can not be validated for reshoots do to their specific themes and nature.
All images will be available in an online gallery for one week after final product is finished. After 25 days, all images will be removed from online gallery. After (1) one month all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond Photographer’s control.
Delivery of Images
One set of processed digital images is uploaded to an online gallery within 3 weeks of the session date unless otherwise specified or agreed upon during booking.
Photographer is not responsible for the damage of products after delivery to client. Client assumes all responsibility for the safety of all products upon receipt. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and client releases Brandee Anthony Photography from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children, pets and for themselves and release photographer from any claims against their person or their business. Photographer will not be liable in the unlikely event that a problem arises, whether due to accident, loss of materials, equipment or other failures not caused by Photographer. Photographer is not responsible for loss of, or interference with, the photography or Images including but not limited to, restrictions of the location, interference from surrounding devices, access limitations, flash restrictions, equipment malfunctions and other similar the like. This limitation on liability shall also apply in the event that photographic materials or images are damaged, lost through camera malfunction, lost in the mail other otherwise lost or damaged without fault on the part of Photographer.
Client agrees to indemnify and hold harmless Photographer against any claims, lawsuits, judgments, court costs, damages and other expenses, including attorneys’ fees, arising from or related to Client’s use of the Images or Photographer’s performance of this Agreement.
Copyright & Penalty
Brandee Anthony Photography retains all copyrights to all images created during client’s session. A print release will be given with all Collection Packages. The print release does not allow publication of your portraits (i.e. entering in contests), commercial use, selling or altering (editing in any manor, including cropping) of your images without Photographer’s written permission. It is a violation of the Federal Copyright Law and illegal to copy, scan, download, print, share, alter, or otherwise use any image created by Brandee Anthony Photography without their written consent. This applies to images posted in the online proofing gallery, Facebook, blog, or hard copy images. 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 $300 per image and can have their license to the images revoked at any time for not abiding by contract.
Client gives Brandee Anthony Photography the right to publish all images from session unless otherwise notified as well as use images for personal promotions. Brandee Anthony Photography understands that photography is personal and respects your privacy. Please specify which rights release you are comfortable with if you are NOT okay with a full rights release (you can list this in the comments section). No images will be used in anything other than online promotions and posting, if an additional need is desired by the photographer you will be contacted for permission first.
FULL RIGHTS RELEASE: The client authorizes Brandee Anthony Photography to reproduce and display their images both in print and on-line. Use of images for promotional material is also authorized
LIMITED RIGHTS RELEASE: The client authorizes Brandee Anthony Photography to reproduce and display client specified images both in print and on-line. The Client will give permission to the Photographer to only use the pictures in which the Client specifies.
LIMITED IN PERSON RIGHTS RELEASE: The client authorizes Brandee Anthony Photography permission to show client specified images to other potential clients in person. The Client will give permission to the Photographer to only use the pictures in which the Client specifies.
FACELESS RIGHTS RELEASE: The client authorizes Brandee Anthony Photography to reproduce and display their images both in print and on-line as long as long as the client is not recognizable in the images. Specifically, the client’s face would not be showing.
NO RIGHTS RELEASED: The client DOES NOT authorize Brandee Anthony Photography to use their images in any marketing or promotional campaigns. By selecting this option the client forgoes their right to a sneak peek on Brandee Anthony Photography’s FB page and will have to wait until their entire gallery is proofed to view their images.
Notes from Photographer
I work very hard to create images that reflect you, while keeping in-line with my artistic vision and creativity. I ask that if you share any images, you simply link back to my website and or social media page @brandeeanthonymedia. I hope that you will respect, not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them. If you have questions regarding copyright please do not hesitate to ask me to avoid any problems. Thank you!
This agreement contains the entire understanding between Brandee Anthony Media and Client. It supersedes all prior 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, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Brandee Anthony Media.