Newborn Photography Contract

Name and Last Name (required)

Address (required)

Email (required)

Phone Number (required)

Select the type of newborn session you want (required)
---Custom in-studioAt home ($450 fee)B&W mini in-studioB&W mini at home ($250 fee)

COLLECTIONS OR PACKAGE DETAILS

*Unless otherwise specified on email correspondence with the photographer and agreed upon, the number of delivered images, photoshoot time, and delivered products are as follow:

**CUSTOM NEWBORN COLLECTIONS**

Custom newborn sessions involve different props, colors, and poses, parents and/or siblings are encouraged to partake.

A detailed consultation and/or questionnaire will help determine the colors, materials, and expectations to personalize your images.

*Minimum purchase: $1,000.

Includes: 2-3 hour photo shoot at my studio in downtown Monterey || an in-studio appointment for you to select your final images || USB drive with the purchased images || Photo box with the purchased images printed in 6"x8" and matted.

For families that can't attend the in-studio appointment to select your final images, the package or collection has to be chosen and paid for in advance. In this case, an online gallery will be made available for you to select your final images, this gallery will contain lightly edited images with a "Not for public use" watermark for you to select your finals.

•Traveling fee for in-home custom newborn sessions: $450

**B&W MINI NEWBORN SESSION**

Mini newborn sessions involve only your newborn. This type of session is meant to highlight the newborn details with black & white images.

*Cost: $750.

Includes: 1-2 hour photo shoot (for baby only) at my studio in downtown Monterey || black and white themed props || 9 fully edited B&W images || canvas block cluster of 9 images for wall display.

Add ons:

• 1 - Family portrait setup (parents and/or siblings with newborn): $75
• Upgrade canvas to wooden blocks wall display: $150
• Upgrade size of blocks from 6"x6" to 12"x12": $150
• In-home session traveling fee: $250

PAYMENT

   For custom sessions at the studio, a deposit of $500 is due upon booking and will count as credit to purchase final images or products. Full payment is due the day of our sales appointment.

   For minis, in-home sessions, or when declining the in-person appointment to see the final images, full payment is expected by the day of the photoshoot for the desired collection.

No products, digital files, or printed images will be delivered unless full payment is made.

Any images that are not purchased will be deleted 2 weeks after our final appointment.

I understand that the minimum purchase for custom newborn sessions is $1,000 without exceptions.

If for any reason, I no longer wish to purchase any images, I understand that all my gallery will be deleted immediately.

PHOTOGRAPHER’S STYLE

   I have reviewed Tatiana's work and have decided to work with her because I am attracted to her style.

  As an artist, the Photographer reserves the right to interpret what she sees and in the way that she chooses when photographing and editing a scene. This may mean that some shots are color, some are B&W. Extra editing requests need to be in resonance with the artist's style and will incur an extra fee depending on the time required to fulfill the request.

IMAGES DELIVERED

  Images presented to the client are the ONLY images available. Specific requests should be addressed during your session consultation; any extra requests presented after scheduling or during the session may not be accommodated.

  There is no guarantee of the number of images presented from a session. Many factors contribute to this, including the cooperation of the subject(s).

  Due to the artistic nature of photography all sales are final. If you are unhappy with the outcome of the session, Tatiana Scher reserves the right to reschedule a new photo shoot. Such rescheduled photo shoot may be subject to additional costs.

   I understand that raw files and unedited images will not be provided under any circumstances.

HIGH-RESOLUTION IMAGES & PRINTS

   All prints and or products purchased will include the high-resolution file. Digital files are NOT sold by themselves.

 MODEL RELEASE:

  I understand that Tatiana Scher may choose up to 3 images, from each photo-shoot for her portfolio, unless otherwise discussed. These photos may be used for any lawful purposes on her photography website, in social media efforts, or for publicity. Other than this, your photos won’t be sold or shared with any 3rd parties.

  I understand that if there are any photos that I do not want Tatiana Scher to use publicly, that it is my responsibility to inform her. My failure to promptly inform Tatiana Scher to not use my photograph(s) for publicity purposes may result in the image(s) being featured in a publicly available manner. If privacy is requested by the client, then Tatiana will abstain from using any images publicly.

  Tatiana Scher retains the copyright ownership to each photograph that is taken during the session. You are granted a non-commercial license to use the photographs for personal purposes and are not allowed to modify any images.

  I understand that if I violate the terms of the license by using any photograph in a commercial manner, that Tatiana Scher may revoke my license to use the photograph.

  If one or more subjects are minors, I certify that I am the parent or legal guardian of the minor and that I am legally able to give consent for the minor child. I hereby acknowledge Tatiana Scher’s contemplated use of the photographs and provide permission and authorization to use those photographs, which feature the minor, in any of the above-listed manners.

FAILURE TO PERFORM

   If the Photographer cannot perform this Agreement due to any casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall have no liability with respect to the Agreement.

   If the photographer is unable to perform due to an act of God, or other unpreventable or unforeseeable circumstance, any rescheduling of the photo shoot will be subject to Photographer’s availability. The Photographer will not be liable for any situations concerning Photographer’s limited availability in the event that a rescheduled session is not immediately available.

  This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order. Such liability may only be applicable in the event that the parties are unable to reach an agreement concerning Photographer’s cure of any failure to perform..

  If you or anyone in your family are not feeling well due to sickness, it is best to reschedule. Because of the nature of newborn photography services, it is an extremely delicate matter for the photographer to get sick as she is in constant contact with other newborns. Failure to notify Tatiana Scher of anyone attending her studio is sick, will result in a rescheduling fee of $150.

   In the event that payment for Tatiana’s services has already been submitted, and the session needs to be canceled due to circumstances out of the client’s control (sickness, weather, death, etc.), A refund will be issued only for the amount paid. Canceling for reasons that are within the client’s control ( travel plans, appointments, etc.) will result on a 60% partial refund if the cancellation is made less than a week away from our appointment.

RELEASE

  In consideration of the services provided by Tatiana Scher, I and any individuals that I grant consent on behalf of, do hereby release, waive, discharge, hold harmless Tatiana Scher, and any other owners, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during the scheduled photo shoot and any other related activities.

INDEMNIFICATION

  I agree to indemnify and hold Photographer, their officers, agents and employees harmless from any liability, loss or damage they may suffer as a result of claims, demands, costs or judgments against them arising out of the activities to be carried out pursuant to the obligations of this Agreement, including, but not limited to, my use of the photographs taken by Photographer.

DISPUTE RESOLUTION

  Any dispute between the parties arising out of this Agreement shall first be attempted to be resolved through mutual good faith discussions between the parties. If the dispute is unable to be resolved between the Parties, the Parties may seek resolution through mediation, to be held in Santa Cruz County.

MISCELLANEOUS

  The laws of the State of California shall govern this Agreement, without giving effect to any choice of law or conflict of law provisions. The Parties consent to the exclusive jurisdiction and venue in the courts of Santa Cruz County.

  This Agreement constitutes the entire agreement of the parties regarding the photo shoot and supersedes all prior understandings and instruments on such subject. This Agreement may not be modified other than by a written agreement signed by the parties.
The failure of either Party to enforce any part of this Agreement does not constitute a waiver of that provision or any other provision(s) of this Agreement.

  If any part of this Agreement is held to be illegal, invalid or unenforceable, then that part of this agreement may be modified to be in compliance with the law, while still giving effect to the intent of the parties. All other terms and conditions of this Agreement will remain in full force and effect and will be construed in accordance with the modified provision.

COMMENTS (what do you want from this session, specific suggestions or requests, additional provisions previously discussed)

  I understand and agree to the terms of service specified above.

Client's name (required)

Expected session's date

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