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Spring Minis 2023-Booking Fee/Retainer

$100.00
  • Spring Minis 2023-Booking Fee/Retainer

Come spend up to 30 minutes and play and interact with LIVE baby chicks and bunnies for Easter/Spring Mini Sessions. These sessions are good for up to four children at a time only. The backdrop is NOT suitable size for families and adults.

TOTAL COST OF SESSION: $299
BOOKING FEE/RETAINER: $100
YOU OWE $199 by the day of your session

This payment includes: photographer's time and talent during the session and after during the editing time, studio with backdrops and props including live baby chicks and bunnies, 5 edited digital downloads of your choice, 1-5x7 print of your choice (just pay shipping), the option to purchase additional downloads and/or prints at 20% off using my professional print lab (prices have already been adjusted for you)

Payments may be made here to hold your spot with your retainer. The remaining balance can be paid via Paypal, Venmo, Apple Pay or Zelle.

By purchasing a spot, you are agreeing to all contract terms below. Your booking fee/retainer payment and information given count as your signature to comply.

Thanks for booking with me! I look forward to capturing some smiles for you soon!

LET ME BE CANDID PHOTOGRAPHY BY TRACY HOUSTON

*PH: 401-523-6183

EMAIL: [email protected]

WEBSITE: www.letmebecandid.com

FB: www.facebook.com/LetMeBeCandid...

IG: @letmebecandid

EASTER/SPRING MINI SESSIONS 2023—CONTRACT AND TERMS OF LIABILITY

Please sign and date below before beginning your photo session with LMBC Photography
I understand that I am purchasing a spot for a Spring Mini Photo session with LMBC Photography with a $100 retainer/booking fee. I understand I responsible for the entire cost of the session which is $299.

I understand that my child(ren) will be participating in a photo session with LMBC Photography using live animals; specifically, live baby chicks and/or bunnies.

I understand that animals are unpredictable by nature (and so are children for that matter!) I do NOT hold LMBC Photography responsible for the actions of the animals used in my child’s session. If the animals do not cooperate, I understand that LMBC Photography must take the animals out of the session and the session will continue without them.

I understand that if an animal bites or injures my child, I will seek medical attention on my own and I will be responsible for all costs incurred for medical treatment; LMBC Photography will NOT be held liable for any medical costs.

I understand that if an animal poops or pees on my child, LMBC Photography will NOT be held liable or responsible for replacement costs of clothing that my child is wearing at the time.

I understand that animals may carry diseases and that I am responsible for the cleaning and washing of hands of my own child/children after the session to prevent the spread of any disease. If my child comes down with any illness after the session with LMBC Photography, I will NOT hold LMBC Photography responsible for any medical costs.

I understand that if my child becomes scared of the animals at any point, LMBC Photography will remove the animals and move forward the session without the animals. At that time, full payment is still expected for Photographer’s time and talent.

I understand that if my child/children do not cooperate (i.e., smiling on cue, listening, following directions) it does not reflect on LMBC Photography and that I am still responsible for full payment for the session. The photographer will do everything in her power to work with the child/children to obtain photos you are happy with.

I understand that upon completion of the editing process (which averages 1-2 weeks), I will receive an email with a link to a gallery containing photos with the LMBC logo. The photos WITH the LMBC logo are the only photos to be used for digital sharing on social media networks and in email communications; you can share directly from the gallery. The photos without the LMBC logo are the ones to be used for personal printing use. I understand that personal printing costs are an additional charge if ordered through the professional gallery provided by LMBC. You may NOT cut, crop, edit or alter the photos given to you in any way or else the photos will no longer represent the true work of LMBC Photography.

I understand that by allowing LMBC Photography to photograph my child/children, I give permission to LMBC Photography to use my child’s/children’s photos on the LMBC website, Facebook page, Instagram or other social media sites for the purpose of advertisement for LMBC Photography.

I understand that all payments must be paid in full online with a credit card.

I understand that these are time sensitive sessions, lasting up to 30 minutes each. It is of utmost importance to arrive on time (or a few minutes early) to be prepared for your session to begin.

I understand that my family will be participating in a photo session with LMBC Photography and that we are required to show up at the agreed upon time, date and at the agreed upon location for the session or else we forfeit our retainer. Open communication is a MUST! If you are running late, a phone call to the photographer is expected.

I understand that a 24 hour cancellation is required if there is sickness or an emergency on the part of the Client OR the Photographer. Again, OPEN COMMUNICATION is a MUST! In case of an emergency, your fee may be applied to a future session if you are unable to make it on this particular date. This is at the photographer's sole discretion.

I understand that if my child/children or other family members do not cooperate (i.e., smiling on cue, listening, following directions) it does not reflect on LMBC Photography and that I am still responsible for full payment for the session. The photographer will do everything in her power to work with the child/children and family members to obtain photos you are happy with.

I understand that photos will NOT be released for downloading until payment has been received in FULL.

I understand that If the I (or all participants in the photo session) am sharing photos on ANY social media networking site, the Client (and all participants in the session) must only share the photos that contain the LMBC Photography logo on them, now and in the future to ensure proper photo credit. If photos are shared without the logo credit is expected anyway!

I understand that Photos should not be screen shot and shared as it takes away from the quality of the photos.

I understand that personal printing costs are an additional charge if ordered through the professional gallery provided by LMBC.

I understand that I have permission from LMBC Photography to print the photos from this session at a photo printer of my choice, and have been informed that a professional printer is BEST for color and overall image quality and LMBC Photography is NOT RESPONSIBLE for photos printed at non-professional labs.

I understand that LMBC Photography shall own the copyright of all images created and shall have exclusive rights to make reproductions. LMBC Photography shall only make reproductions for the client or for the photographer's portfolio, samples, self-promotions/advertisements, entry in photographic contests or art exhibits, editorial use, website, social media networking pages, or for display within or outside of Photographer's studio. The client hereby gives permission to use their photos from said photo session to be used in any form of advertising by the Photographer, including website and social networking pages.

I understand that the retainer paid will be applied to reduce the final cost, the Client shall then pay the balance due and that all payments must be paid in full by cash in person or via cash apps such as Zelle, Venmo, Apple Pay or PayPal or online with a credit card BEFORE the session takes place. A fee of $35 will be added should any payments be returned for insufficient funds, along with any other bank fees incurred by LMBC Photography.

I understand these rules apply to anyone participating in the session and/or being photographed and that my signature represents everyone. I will follow these rules and be sure that everyone participating and being photographed will follow the rules as well.

I understand that by signing this contract, I hold indemnify and hold LMBC Photography harmless against any and all liabilities, claims, and expenses, including reasonable attorney's fees, arising from Client's use of Photographer's work, or arising from any situation that could arise at the agreed upon location (i.e., any injuries that could accidentally occur)

I understand that my online gallery will have an expiration date for downloading photos and placing print orders of 30 days from the date it is sent to you. If you need more time Tracy Houston and LMBC Photography is happy to extend the date. Please call BEFORE the expiration date to make this change. After the first expiration date has already expired, a $35 reactivation fee will be billed to you.

I understand that it is the client's responsibility to download and save all photos for future use. The photographer keeps photos for up to one year and then photos will be deleted. Be sure to back up your own downloads to a secondary location!!

I understand that babies/toddlers/children are unpredictable. I understand it is the parent’s responsibility to have the baby/toddler fed, changed and ready to go for when the session begins. Sometimes this just doesn’t happen and I understand that Tracy Houston and LMBC Photography will not be held responsible for cranky, crying and inconsolable or colicky babies/toddlers!

I understand that no other photos are allowed during this session by any other photographer, including but not limited to cell phones, tablets and other cameras. Taking photos over the shoulder of the photographer is not allowed and can be distracting.

I understand the content of the “difficult client clause”, which means in the event that the Client or members of the Client’s family or party become unreasonable or difficult to work with at any time, Tracy Houston and LMBC Photography reserves the right to return the client’s retainer fee and any other payments made towards the package. Tracy Houston and LMBC Photography shall then have no further liability with respect to the Agreement to photograph the session.

I understand that if Tracy Houston and LMBC Photography cannot perform this Agreement due to a fire or other casualty, strike, act of God or other causes beyond her control (i.e., family emergencies, sickness, etc.), then a suitable substitute of another competent, professional photographer will be sent to take the photographs, OR LMBC Photography shall return the monies paid by the Client, less the non-refundable deposit payment, in respect to that specific failure, and shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or memory card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Tracy Houston and LMBC Photography. In the event that Tracy Houston and LMBC Photography 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.

ADDITIONAL EXPLANATION AND RULES:

*SUBJECTS: The client shall maintain control of other subjects including siblings, spouses, and grandparents. It is the responsibility of the Client to ensure cooperation of additional subjects not to intrude on the photographer’s immediate area. The Client shall provide all necessary controls over additional subjects.

*CIRCUMSTANCES: If the Photographer is unable to perform the session due to baby’s/child's disposition, condition, or circumstances listed within this contract, the Client shall be allowed to reschedule at the Photographer’s discretion. The Easter Sessions are time sensitive and the animals are only available for the set dates.

CREATIVE LICENSE

Images may be edited at the photographer’s discretion, and delivered images may not include all images shot. Let Me Be Candid Photography By Tracy Houston reserves the creative right to edit and release only those deemed professional in quality and within Let Me Be Candid Photography By Tracy Houston’s artistic standards. By signing this contract, the client is aware of the style of photography that Let Me Be Candid Photography By Tracy Houston produces. Pinterest and other sites may be referenced for ideas by the client, keeping in mind that those photos are not guaranteed to be replicated.

All photos created by Let Me Be Candid Photography By Tracy Houston are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Let Me Be Candid Photography By Tracy Houston. to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Let Me Be Candid Photography By Tracy Houston 's express written permission. The client may print (on their own) their personal photographs with the written consent of Let Me Be Candid Photography By Tracy Houston only once in possession of the digital images, whether through online gallery or usb flash drive. The negatives/RAW digital files remain sole property of Let Me Be Candid Photography By Tracy Houston and will never be given or sold. Let Me Be Candid Photography By Tracy Houston agrees to grant Printing image rights to the client with a non-exclusive, limited, perpetual license.

This license allows the client to do the following with the images:

i) Display the images;

ii) Print the images;

iii) Upload, email, or electronically transfer the images or files; and,

iv) Publish the images on personal websites or social media websites

*This applies only if giving Let Me Be Candid Photography By Tracy Houston credit. A description must be made by the client stating ‘Copyright Let Me Be Candid Photography By Tracy Houston Please do not copy/ paste or edit in any way’.

THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING: APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY Let Me Be Candid Photography By Tracy Houston MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES.

Let Me Be Candid Photography By Tracy Houston and its associates have the permission to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.

STORAGE OF IMAGES

Due to the lack of information about how long USB Flash Drives can hold information, Let Me Be Candid Photography By Tracy Houston recommends you back up your images on another media format other than the Online gallery or USB Flash Drive. Let Me Be Candid Photography By Tracy Houston also recommends making multiple copies of the USB Flash Drive every year to insure the images for years to come. Let Me Be Candid Photography By Tracy Houston cannot be held responsible for the failure of USB Flash Drives due to mishandling. It is the client’s responsibility to keep several copies of any USB Flash Drives in more than one location, and back the images up on another format such as a hard drive. This is the same for the use of Online Gallery. Once the images are in the hands of the client, it is the client’s responsibility to download and save the images. Backing up your images is very important. The Online Gallery will be Available for client access a total of 30 calendar days from the date of delivery. After the Gallery has expired there will be a Re-Activation fee of $35 for an additional 30 day access of the gallery.

ATTORNEY

If legal action is necessary to enforce the terms of this contract the prevailing party shall be entitled to reasonable attorney fees in addition to any other remedies to which that party might be legally entitled.

**Names/ages of all children to be photographed: (*Can be emailed to the photographer prior to the session)

NAMES/AGES OF ALL CHILDREN TO BE PHOTOGRAPHED MUST BE EMAILED TO PHOTOGRAPHER PRIOR TO SESSION

SPECIFIC DETAILS TO YOUR SESSION:
COST: $275

LOCATION: Let Me Be Candid Photography Studio, Naples, FL (address and other info will be sent out once booked & paid in full)

INCLUDES: Spring Mini Session will include photographer's Time and Talent (up to 30 minutes during the session and after during the editing process), use of backdrops and props, up to 5 edited digital photos in an online gallery that can be shared with all family members , option to purchase additional digital photos, 20% off all prints and print products ordered through my professional lab.