Contract


Agreement Overview


This agreement contains the entire understanding between Jessica O of BeLovely Baby, hereby known as ‘the Photographer’ and the party listed above, hereby known as ‘the Client’. It supersedes all prior and simultaneous agreements between the parties. The only way to add to or change this agreement is to do so in writing, signed by all parties involved. If the parties want to waive one provision of this agreement, this does not mean that any other provision is also waived.


Retainer:


By entering into this Agreement, the Client understands that a non-refundable retainer fee of is required to reserve their session. Digital images may be included, complementary, depending on the session. Prints are not included in this fee. In the event of a no show or cancellation by the Client, the paid retainer shall be liquidated for damages, as the Photographer is foregoing all other bookings on the session date and time scheduled. A new retainer will be required to reschedule and secure a new session date.


If it is not possible for a session to take place on a scheduled day due to severe illness or weather, the Photographer will make every reasonable attempt to reschedule at the earliest date possible, with no additional charge.


Location: 


Studio Sessions are done at the Photographer's home studio, located in Tanasbourne, Hillsboro, Oregon. Local Sessions are done within 10 minutes of the Photographer's Home Studio. Further travel is not included in the session fee and requires an additional quote and fee.


Session:


The Client is guaranteed up to the allotted time of the session booked, and understands that some sessions may conclude early when satisfactory results are obtained, such as the promised number of images. If necessary, sessions may extend past the allotted time, at the Photographer’s discretion.


The Photographer is not responsible for the loss of session time and coverage due to any lateness, by fault of the Client, on the day of the scheduled session.


Cooperation:


Both parties agree to cheerful cooperation and communication. The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying groupings and/or scenes to be photographed and taking time to pose for photographs at the Photographer’s direction. The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.


Reshoots:


In the event that the Client is completely dissatisfied with the final results based solely on personal preference, the Photographer will reshoot at a 25% discount from the original session fee. The Client will then be able to order prints from the second session only, and the original session images will be deleted from storage.

In the unlikely event that the finished product from a session is unusable due to technical problems, such as camera or storage failure, the Photographer will reshoot the session at no additional charge.


Turn-around Time:


Within 7-10 business days of the session date, a gallery link will be sent to the Client to view all image proofs. The Client will then choose their allotted digital images for download, and have the option to purchase additional digital images or print products directly from their gallery. Due to the custom nature of these services, all digital, print and product sales are final. All decision makers should be present to order.


Copyright:


All images, prints and digital negatives produced by the Photographer are protected by Copyright Law (all rights reserved). Violators of this federal law will be subject to its civil and criminal penalties. Images given to the Client are for personal use only, including printing for home use, and posting to personal social media. The client understands that these images cannot be edited by the client, or used by the client for profit or advertising, unless additional licensing fees are paid for commercial use of images.


Model Release:


Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, social media, advertising, exhibitions, contests, and any other reasonable business purposes. The Client hereby releases the Photographer from all claims or liability relating to said images.


Limit of Liability:


The Photographer takes the utmost care with respect to exposure, transportation and processing of images; including using professional grade equipment and backup equipment. However, in the unlikely event of the Client’s photographs being lost, stolen or destroyed for reasons within or beyond the Photographer’s control, the Photographer’s liability is limited to, and shall not exceed the amount of all payments received for the session retainer or ordered products.


Severability:


If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.