Retainer and Payment
1. The Client shall make a non-refundable retainer payment in the amount of 50% of the agreed upon portrait fee of $675, at the time of booking the photography session. Upon payment of the 50% retainer, the Tawnya Nicole Photography will reserve the time and date agreed upon by both parties for the session.
2. Reserving such services prevents the Tawnya Nicole Photography from booking other clients on the agreed upon time and date and the Client agrees that economic loss will result if the Tawnya Nicole Photography does not collect this payment and the session is subsequently cancelled.
3. The remaining portion of any payment shall be due at the time of session.
4. Client understands that by entering into this Agreement, Tawnya Nicole Photography is foregoing other photographic jobs. In the event of a cancellation, the initial retainer paid is not refundable. The initial retainer is transferrable if a date change is necessary. The parties agree to use their best efforts to provide reasonable notice of any postponements or cancellations.
5. If it is not possible for a session to take place on a scheduled day due to weather, Tawnya Nicole Photography and Client will reschedule on an agreed upon date, with no additional charge.
Creative License Policies
6. Tawnya Nicole Photography is not responsible if Client and/or key individuals fail to appear, are uncooperative during portrait sessions or for missed images due to details not being revealed to Tawnya Nicole Photography. If Client and/or key individuals fail to appear, the session may be rescheduled, however, an additional 50% deposit is required and the initial deposit is forfeited.
7. Images provided by Tawnya Nicole Photography shall be edited to remove minor blemishes, smooth the skin, correct color and exposure, and prepare for print and presentation. Which images from the photoshoot are edited is at Tawnya Nicole Photography’s sole discretion and delivered images may not include all images taken. Tawnya Nicole Photography reserves the creative right to edit and release only those images deemed by Tawnya Nicole Photography to be creditable as professional quality and within Tawnya Nicole Photography’s artistic standards.
8. Tawnya Nicole Photography will use reasonable efforts to utilize props and requested poses from client, but Tawnya Nicole Photography does not guarantee that any such images will be delivered as a final product. Client is responsible for viewing Tawnya Nicole Photography’s body of work prior to booking to ensure Tawnya Nicole Photography’s artistic style is agreeable to Client’s vision.
Delivery of Images
9. All final images shall be available for viewing and downloading at a private online gallery provided by Tawnya Nicole Photography. The images shall consist of web size photos only and this gallery will be available until the delivery of your USB with high resolution images. Tawnya Nicole Photography is not responsible for loss of quality during printing process if client chooses to use lower quality printing services. Client agrees and acknowledges that after the images are uploaded and USB is delivered Tawnya Nicole Photography will not keep or store any backups and the original images will be deleted.
Copyright and Client Usage
10. All images are copyrighted to and remain the property of Tawnya Nicole Photography. Client shall be authorized to use the images pursuant to the terms of the Print Release.
11. Tawnya Nicole Photography shall provide an additional digital copy of the Licensing Agreement/Print Release for Client’s records at the time of providing the final images.
12. Client may share blog post links and Facebook albums, through use of the share functions and dissemination of direct links from Tawnya Nicole Photography’s official accounts. Client shall not copy, download, screen shot, or capture the photographs from online or social media platforms in any other fashion.
Destruction of Images
13. If images are lost, stolen, damaged or destroyed within or beyond Tawnya Nicole Photography’s control, Tawnya Nicole Photography’s liability is limited to the refund of all payments received by Client, or to schedule a reshoot at no additional cost. Tawnya Nicole Photography will make every effort to reschedule at the earliest possible date. No refunds shall be given for dissatisfaction of images.
Limitation of Liability
14. The Client agrees to indemnify and save harmless Tawnya Nicole Photography from any and all liability from the Client and/or Client’s attendants injuring themselves in any way whatsoever during the course of the photography session. Client additionally waives any and all right to bring any legal or equitable cause of action for any injury, personal loss or damage or destruction of Client’s property during the photoshoot as against Tawnya Nicole Photography. Client agrees to pay any legal or professional fees incurred by Tawnya Nicole Photography for any actions that may be brought against Tawnya Nicole Photography that are properly indemnified and covered pursuant to this Agreement.
Choice of Law
15. This Agreement is made pursuant to the laws of the Province of Alberta.