TERMS OF SERVICE
This agreement is in place to protect the safety of both Ashlee Lauren Photo and you as a client, so everyone is sure of what to expect and there are no surprises.
TERMS AND CONDITIONS OF AGREEMENT
As of today's date, Client enters into the following agreement with Ashlee Lauren Hiffernan, hereafter referred to as “Photographer.” This contract constitutes the entire agreement between both parties and will apply to all future transactions.
Client agrees to 1 (one):
- maternity mini
- newborn session
- 1st birthday session
Client reserved the right to reschedule if needed. There is no fee or penalty to reschedule.
Completed; gift session
There are absolutely no refunds or returns for digital images and print products.
Usable images from Client's session will be edited. Final images are chosen by photographer. Raw files, or unedited files, are not available to view or purchase. Usable images are delivered via online download gallery, which is available for 7 days. If Client needs to relaunch gallery after 7 days, there is a $25 fee.
C.2 Images: RETOUCHING
If Client would like to make a request for any additional retouching after images are received, photographer will asses the request to determine 1. If the request is possible within the limits of photoshop. 2. If the request will require a significant amount of labor that will require an additional fee. Photographer retains the right to deny any requests.
D.1 Digital Images
Digital images will be available approximately 2 weeks after Client's makes purchases, but allow up to 8 weeks during busy seasons. Purchased digital images are delivered via a private online gallery, available for 7 days. Client can download digital images and purchase any optional albums or gift items while the gallery is open.
Client is allowed to make unlimited prints from purchased digital images images.
DIGITAL IMAGES ARE NON-RETURNABLE AND NON-REFUNDABLE.
CLIENT AGREES THAT PURCHASED DIGITAL IMAGES WILL BE DELIVERED VIA DIGITAL DOWNLOAD UNLESS THEY REQUEST A DISK/DRIVE AND PAY THE ADDITIONAL FEE OF $50.
PRINTING DIGITAL IMAGES:
IF CLIENT DECIDES TO PRINT THROUGH A 3RD PARTY...
Photographer is not responsible if lab does not print pictures correctly. If pictures are cropped improperly, pixelated, blurry, off in color, etc this is the fault of the lab and not Photographer nor is it a problem with the files that were given to Client. To correct the problem, Client must contact the lab to correct their error.
D.2 Prints And Image Products
Any additional prints and image products are purchased separately after the session through Client's gallery. Any ordered prints or image products will be available 4 - 8 weeks after Client’s session. Client agrees they can be picked up for free or delivered by mail for a shipping and processing fee of $50.
PRINTS AND IMAGE PRODUCTS ARE NON-RETURNABLE AND NON-REFUNDABLE.
E. MARKETING AND CLIENT PRIVACY
Photographer retains the right to use images from this session for marketing purposes, both online and in print. If Client wishes to remain anonymous or have pictures kept private, please let photographer know prior to the session.
Photographer is not responsible for any injuries or damages upon any participating parties. Client, parent/legal guardian, and anyone accompanying them at the session will be responsible for their children and for themselves and Client releases Photographer from any claims against their person, their property, and their business.
Ashlee Lauren Hiffernan retains all copyrights to all images created during Client’s session.
H. Timeslot and Cancellations
Client agrees that session time slot will begin promptly at the pre-agreed time regardless of Client's arrival time, and will not extend beyond the time slot they have booked. If Client cannot make their session, Client agrees to give 24 hours notice. Client agrees that if they are more than 15 minutes late to the start of their session, the session may be cancelled if there will not be enough time to complete the session. Refunds are not available for missing a session or for being late.
Photographer reserves the right to cancel or reschedule the session due to health, weather, or equipment malfunctions. Photographer will give as advanced notice as possible if cancellation/rescheduling is necessary, but cannot guarantee that it will be more than 24 hours in advance due to the nature of the industry.
Client agrees that reshoots are not applicable to these sessions. Client is kindly asked to remember that Client is responsible for outfit choices, makeup, hair styles, etc. If Client does not like the resulting images for any reason, they may book additional time with photographer at regular rates.
Photoshoots will occasionally need to be rescheduled due to severe weather that would interfere with session or pose a risk to safety such as but not limited to: rain, severe storms, high winds, and heat or cold advisories. There is no penalty or fee for weather reschedules. Client reserves the right to request rescheduling if weather conditions pose a hazard to their health.
K. Sales Taxes
Client agrees to an additional 7% sales tax for any print products.
L. Special Requests
If Client has a special request for an image (pose, prop, etc), requests must be made before the end of the session. If Client does not have a desired image due to failure to make the request, they may book additional time with Photographer at regular rates to photograph the request. Client requests are limited to 1 to 2 per session.
M. FUTURE SESSIONS
By signing this contract, Client agrees that these terms and conditions apply to all additional sessions held with Photographer. Future sessions will be booked at rates in place at the time of their booking, not at rates listed in this agreement.
SCHEDULING: Photographer guarantees having an open date on the calendar within the first 3 weeks of Client's baby's life. If Client is not available on any of the days Photographer has open to book, Photographer has still fulfilled availability. AVAILABILITY: Wednesday through Friday. If Photographer needs to reschedule: most of the time a new date will be available within 3 to 10 days of the originally scheduled date. IN THE RARE INSTANCE that Photographer is not available within 10 days of the originally scheduled date due to unavoidable circumstances (weather related, health related, family emergency, etc.), Photographer is allowed up to 4 weeks from the originally scheduled date to provide a new date to Client. No refunds will be given if Photographer is able to reschedule within 4 weeks of the original session date. If client does not want to reschedule, their session fee can be transferred to another session within 12 months, but it cannot be refunded if Photographer can provide a new date within 4 weeks from the originally scheduled date. IN THE VERY RARE INSTANCE that Photographer is unable to reschedule within 4 weeks, due to the nature of newborn sessions, Client will be refunded; 75% of the session fee will be refunded within 90 days, the remaining 25% will be kept to cover booking expenses.
During winter, reschedules may be more frequent due to:
ILLNESS -- there must be extra precautions for working with newborns, and the session cannot take place if Photographer is sick;
INCLEMENT WEATHER -- roads being unsafe due to cold or snow;
COLD WEATHER- if temperatures are below 15 it is not possible to get the studio warm enough to safely do the session with baby undressed.
IMAGES/POSING: Client agrees that their baby may not do certain poses, like to be naked, like to be wrapped, sleep, or have eyes open. Client agrees that the session will be baby led, and only poses that baby is comfortable with will be attempted, and the resulting style of photos will rely upon what baby is comfortable with.
UMBILICAL CORD NUB: Umbilical cords that are still attached at the time of the newborn session have a slight risk of falling off due to swaddling and posing. Client agrees to release Photographer from any liability related to umbilical cord nubs. Client agrees that they are aware of the risk of umbilical cord nubs coming off during a session, and agree that by doing the session with a nub attached, they are releasing photographer from all liability if the cord falls off during the session. If Client has any concerns about cord nubs falling off during the session, Client agrees to wait to hold the session until the cord nub has fallen off.
LENGTH OF SESSION: The max length of a newborn session is 90 minutes. If more than 90 minutes is needed, it must be scheduled for another day -- it's too much stimulation for baby to continue. There is no fee for additional time on another day if it is needed (additional time is at photographer's discretion and is ONLY available if Photographer needs more images in order to fulfill minimum for Client's gallery).
CRYING/FUSSING: If baby cannot be settled into a calm state, either awake or asleep, within the first 45 minutes, and photographer is not able to take photographs, the session must be rescheduled for another day, no exceptions, in order to get images that are up to Photographer's standards, as well as for the comfort of baby and family. There is no fee if baby needs to come back on another day.
SCHEDULING THE SESSION: Client will contact Photographer once baby has arrived to schedule the session. To schedule a session for when baby is 7 to 10 days old, Client needs to contact Photographer within 48 hours of birth; To schedule a session for when baby is 10 to 25 days old, Client needs to contact Photographer within 5 days of birth. Client agrees that that Photographer does not schedule for when baby is under 6 days old, as baby will still be adjusting to feeding and will be less likely to be calm for pictures.
TONGUE TIES, CIRCUMCISION, PROCEDURES: If baby has any procedures done, it may be necessary to wait 5 to 7 days to do the newborn session, or take special precautions.
SIBLINGS WITH NEWBORNS: Due to the mini sessions being 90 minutes max in length, if siblings are not cooperating to get a shot within the time allotted to family pictures, it will not be possible to go beyond that time to get images of siblings with newborn. If client would like additional time for siblings, it can be purchased at regular rates.
SOOTHING TECHNIQUES: Photographer uses industry standard, pediatric-recommended soothing techniques, primarily swaddling, sucking (nursing, passie, or parent's finger), and rocking. If Client does agree to their baby to be swaddled, or do not provide anything for suckling, the session may not be able to continue if baby is too distressed, or may result in fewer images if baby is not calm. There is no discount if less images are delivered due to baby being unsettled if swaddling and sucking are not available options per client's request.
FEEDING: If baby is hungry at any time during the session or has a feeding time falling during the session, Client agrees that they will feed baby. Leaving a baby hungry will result in instant cancellation of the session with no refund. Client agrees to provide any and all nursing supplies, bottles, or formula needed.
O. CLIENT RESPONSIBILITIES
If Client causes any damage to Photographer's property or person, Client will be responsible to pay in full for any damages. Digital images will be withheld until payment in full has been received for damages.