Client is responsible for their own safety and actions while at the location of the portrait session. Photographer is not responsible for any liability, accidents, illnesses, damage or loss to person or property that may result from the photography session itself or anything related to the photography session.
If anyone should fall ill, contact the Photographer as soon as possible to reschedule the session. A new date must be discussed and decided upon with photographer. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the Photographer, Photographer may elect to use an alternate location or to reschedule the session. Depending on the season, rescheduling may not be possible due to other bookings, but will try to fit in if possible.
If the Photographer cannot perform this contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, and Photographer is unable to reschedule the session, then the Photographer shall return the any payments received for the session to the client but shall have no further liability with respect to the contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged.
Both of our time is valuable, so sessions must stay within reasonable quoted time. A full family session can be captured within 45-60 minutes, and a newborn session within 1-2 hours. If the client is late, your session may be cut short. Mini sessions last 20-25 minutes.
Proofing and Ordering
- Within approximately two weeks of your session, an email will be sent with a link to your gallery. Images are selected and edited at the Photographers' discretion. The artist reserves the right to edit and release only those images deemed creditable as professional in quality and within the Photographers' artistic standards. The photos will be available for viewing, downloading and purchasing, in a password protected gallery, for 30 days. RAW (original images) images are photographers property and will not be given to client.
- Galleries will be automatically purged from the gallery website after 30 days. A $25 rehosting fee will apply to galleries that need to be put back on the website after 30 day viewing period. If the pricing has changed since your original booking date, your images will be rehosted at the Photographer’s new pricing.
- Simple fixes, such as crops and blemish removal may be completed at the Photographer's discretion. If you request more extensive retouching, it is done at a fee of $25 an hour.
- Purchased images are kept on file by Photographer for 1 year after session. Every effort is made to secure equipment back-up, however due to the unreliability of digital equipment, data loss can occur at any time; except as explained herein, Photographer shall not be liable for any loss of digital data whatsoever.
- No part of any order, including previews, will be delivered until the balance is paid in full. Balance must be paid before or at session.
- I can only guarantee color accuracy when printed at a professional lab (such as the one provided through the proofing site). When ordered through the partnering lab through your proofing gallery, print issues (i.e. damage during shipping, discoloration of photo, missing items) must be reported to the photographer within 7 days of receiving order for the issue to be resolved. Order corrections will not be completed after the 7 day time period.
Notice of Copyright
It is illegal to copy or reproduce these photographs or videos elsewhere without photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties, starting at $500.00 per image. The included images may not be entered into contests, sold, copied, scanned, or used commercially in any format, digital, printed or otherwise. The images may not be used in any form other than private usage without express written permission from the copyright owner, Vanessa Wyler. Vanessa Wyler retains all publication and general reproduction rights for these images. A print release will be made available for you.
I ("Client") hereby grant to Vanessa Wyler ("Photographer") the irrevocable and unrestricted right to use and publish photographs of me and the people in our photos, or photographs in which I or the people listed above may be included, for editorial, trade, advertising, social media, commercial, publicity, illustration and any other lawful purpose and in any manner and medium; to alter the same without any restriction; and to copyright the same for Photographer's sole and exclusive use and benefit. I hereby release Photographer, legal representatives, transferees and assigns from any and all claims and/or liability relating to said photographs. I further release Photographer and her employees, legal representatives, transferees and assigns from any and all claims and/or liability relating to all photography sessions.
This contract incorporates the entire understanding of the parties. Any modifications of this contract must be in writing and signed by both parties.