AGREEMENT OVERVIEW

 

Legal Mumbo Jumbo:

The “Client” agrees that Artisan Baby Portrait Design shall provide services to photograph to the best of our abilities. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretations by the photographer will be deemed acceptable and correct. The Client shall assist and cooperate with the photographer in obtaining the desired photographs, including but not limited to specifying persons to be photographed; taking time to pose for photographs at the photographer's direction; providing a person to guide the photographer to desired persons and/or scenes; participating in pre-shoot consultations, etc. Artisan Baby Portrait Design is not responsible for photographs not taken as a result of the client's failure to provide reasonable assistance or cooperation. If you are not satisfied with your images through the fault of Artisan Baby Portrait Design your images will be retaken. If you are not satisfied with your products through the fault of Artisan Baby Portrait Design they will be replaced. Notification of dissatisfaction must be received in writing within one week of receipt of images or upon receipt of product(s) for replacement. 

 

In the unlikely event that the assigned photographer from Artisan Baby Portrait Design is unable to perform to the guidelines of this contract due to an injury, illness, act of God, an act of terrorism, or other cause beyond the control of Artisan Baby Portrait Design, Artisan Baby Portrait Design will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the portrait session(s).

 

In the event that photographic materials are damaged or lost through a camera or computer malfunction the photographer liability will be limited to a retake of the session whenever possible or a refund of the cost of session fee if images cannot be retaken. If the session fee must be refunded, Artisan Baby Portrait Design will have no further obligation to the Client.

 

The Client agrees to release the photographer of liability for any injury/damage caused through the fault of the Client's personal pets during their time with Artisan Baby Portrait Design. The Client is required to maintain and be up to date on all requirements such as vaccinations, care of the animal, licensing, etc prior to their scheduled portrait session. 

​

 

COPYRIGHT AND REPRODUCTION

 

More Legal Mumbo Jumbo:

The Client agrees that all copyrights and/or intellectual property rights for all photographs taken at the session shall be held exclusively by Artisan Baby Portrait Design. It is a violation of federal copyright law to allow photographs created by Artisan Baby Portrait Design to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without our written permission. The client agrees to purchase prints and products directly from Artisan Baby Portrait Design unless in possession of high-resolution digital files. The Client agrees not to make copies for sale or for the purpose of circumventing sale of the images by Artisan Baby Portrait Design. The Client agrees not to scan, copy, or reproduce images in any manner without a written release.

 

Layman's Terms:

I own the copyright and/or intellectual property rights for each image I create. Using your sessions images for any reason except your own personal enjoyment is probably not legal without my permission. As far as reproduction goes, please don't scan your 4x6's at a photo kiosk in any chain store. It's illegal and typically a waste as their prints hardly match in color. Investing in prints through the studio truly is the best way to honor your sessions images.

 

Social Media Disclaimer:

Often after a session is completed and edited, I will upload a few of the sessions images to my Facebook page. You are free to tag yourself, friends, and family, but it's not okay to save or download those images to use and share anywhere other than sharing with family and friends. It is even less cool to crop out watermarks on the images. Just, please be sure you're sharing from your purchased image files or the Facebook page to ensure image quality stays intact. Often, the quality of an image will be lost when saved to a device and then reshared. This not the best representation of Artisan Baby Portrait Designs work.

​

MODEL RELEASE

 

Final Legal Mumbo Jumbo:

The Client/Model, for good and valuable consideration, the receipt of which is acknowledged, hereby grants to Artisan Baby Portrait Design, its legal representatives, assignees, and those acting under its authority, the unrestricted right and permission to copyright and/or use, and/or publish photographic portraits or pictures of the Client/Model, and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which the client may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, in any media for advertising or any other lawful purpose.

 

The Client/Model hereby relinquishes any right that he/she may have to examine or approve the finished product or products or the advertising copy or printed matter that may be used in connection with an image that Artisan Baby Portrait Design has taken of the client or the use to which it may be applied. The Client/Model waives any ownership and publication right he/she might be entitled to in connection with the pictures, with the exception of the personal use of the pictures as part of a personal modeling portfolio. The Client/Model agrees he/she has no right to sell, license, or publish any of the pictures to any person or entity without written consent from Artisan Baby Portrait Design.

 

The Client/Model further releases Artisan Baby Portrait Design, its parent company, subsidiaries, affiliates, officers, agents, servants, or employees (“Releasees”) from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting the Client/Model to conspicuous ridicule, scandal, reproach, scorn, and indignity. The Client/Model also waives any and all claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by the Client/Model or any of the property belonging to the Client/Model, whether caused by the negligence of the Releasees, or otherwise, while performing the portrait session, or while in, on or upon the premises where the portrait session was performed.

​

Layman's Terms:

This model release offers protection for myself, the photographer, and you the client. Sometimes I may use an image created with clients or models to post blogs on the website or images to our Facebook page. I also enter annual photographic competitions, often using client work, and sometimes an image may appear in a newspaper, magazine, or online article. Your permission for me to share your sessions images in these instances helps me to grow in my talents and builds up my business. I will always ask before sharing any imagery that may be too private for an individual or family to offer for publication.