BK9

Gallery

AGREEMENT BETWEEN CLIENT AND BECKY ANNAH PHOTOGRAPHY

This agreement is between the Client, whose name and contact appears below, and Becky Annah Photography. 

Payment. Retainer Payment ($50-$100 – depending on service – talk to Becky) for services shall be submitted at the time of enrollment, and remaining balance is due 3 days before the session starts. All sales are final. Prices listed on the site DO NOT include sales tax, shipping and handling. Payments accepted are Cash and e-transfer.

Cancellation. If Client requests to cancel this agreement, or fails to show for the arranged photographic event time, all monies, including the non-refundable retainer, shall be forfeited to the Photographer.

Arrivals. The Client is required to arrive at least 15 minutes before the agreed-upon session start time. This ensures that the pet has adequate time to acclimate to the surroundings. Failure to arrive within this time-frame will result in a deduction of 15 minutes from the session duration to allow the pet to adjust to the location and the Photographer.

Rescheduling. In the event that the Client requests to reschedule a session, the retainer shall be applied to a reschedule session if notice is given at least 24 hours prior to the scheduled event. Reschedule must be within the same calendar year. If the Photographer is unable to accommodate the reschedule request, the retainer shall be forfeited. Any cost for location usage will be paid for by the Client. Photographer maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc.

Pet History. The Client shall disclose to Photographer any and all pet behavioral history, including but not limited to biting, jumping, and incidents of aggression.

Subjects. Client is responsible for maintaining control of all subjects present, including human beings. It is the Client’s duty to ensure that additional subjects cooperate in a manner that does not disrupt the pet’s immediate area. The Client agrees to cooperate with and follow the Photographer’s directions throughout the session. Failure to comply may result in the termination of the session and forfeiture of any retainer.

Release of Liability and Publication. While the Photographer will make every effort to conduct a safe and professional photographic session, certain circumstances may be beyond the Photographer’s control. The Client acknowledges and agrees that the Photographer shall not be held liable for any injury sustained by the Client or pet during the photography session and related events. Additionally, the Client grants the Photographer the irrevocable and unconditional worldwide right, without further compensation, to use, transmit, display, sell, license, and publish photographs of the Client’s pet.

Circumstances. In the event that the Photographer is unable to proceed with the session due to the pet’s disposition, condition, or circumstances outlined in this contract, the Client may be permitted to reschedule at the Photographer’s discretion. The Photographer will make reasonable efforts to resolve any issues, with such attempts not exceeding fifteen (15) minutes in duration. Any rescheduling will be arranged within a reasonable time-frame during the same calendar year as the original session.

Health. Clients must disclose any health issues, including those that may be transmissible between canines and humans.  

Accidental Waste. The Client agrees to make every effort to clean up after the animal for any accidental waste that occurs before, during, and after the session. It is the Client’s responsibility to bring appropriate clean-up materials to the session. The Photographer will endeavor to carry additional waste clean-up materials on their person for added convenience.

Completion Schedule The Client’s collection will typically be completed within approximately four weeks following the session. The Photographer shall not be held responsible for any delays in delivery beyond this timeframe.

Artistic Rights. Photographer retains the right to edit and release only those deemed creditable as professional in quality and within Photographer’s artistic standards. Photographer will handpick the session’s best images. Each of these images will be retouched, enhanced and digitally edited based on Photographer’s artistic vision.

Photographic Materials. All photographic previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online file sharing or gallery proofing website.

Copyright and Reproductions. The Photographer shall retain ownership of the copyright in all images created. All images are protected under Federal Copyright Law and remain the copyright of Photographer. It is illegal to copy, scan, download, print,modify, re-produce or otherwise steal any image created by Photographer unless given written consent in the form of a Copyright Release. This applies to images posted in a Private Online Gallery, Blog, Facebook, or Hard Copy images. If Client steals images via any method above, or any other method, Client will be charged legal fines and invoiced for the cost of EACH digital image stolen, at Photographer’s current price per image. If client has any questions regarding copyright and the use of photographs please contact Photographer.

Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be used in any other manner, including but not limited to, submitting to contests, reproducing for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release. Client shall not amend the files in any way. Amendments include but are not limited to cropping, reediting, and applying filters.

Social Media. The Client is permitted to share blog post links and Facebook albums using the provided share functions and by disseminating direct links. However, the Client agrees not to copy, download, screenshot, or capture the photographs in any other manner. The watermarked, web-sized images intended for social media sharing, such as Facebook, email, or family blogs, have been optimized for online viewing but may not print well. It is important for the Client to retain the watermark on the photos when sharing, as this serves both the Client’s and Photographer’s protection. Watermarking significantly reduces the risk of photo theft, as photos posted online without watermarks may be easily misappropriated by unauthorized individuals (e.g., a thief entering a photo of the Client’s child in a contest). A watermark would compel the thief to provide proof of ownership before entering the contest.

Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited to returning any retainer paid.

Substitute Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. No refunds or credits shall be made retroactively.

Reshoots. Re-shoots are determined at the discretion of Photographer. In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will re-shoot at a 25% discount from the original Collection fee. In the unlikely event that the finished product from a portrait session is unusable due to technical problems (camera failure or exposure problems), Photographer will re-shoot at no additional charge.

Permits and Allowed Pets. The CLIENT shall be responsible for obtaining and remitting payment for any shooting licenses needed to be obtained for the session. If the Client’s pet is not allowed within the jurisdictional limits of the session location the Photographer shall reschedule the session location and time to accommodate the Pet.

Indemnification. The Photographer shall be held harmless for any and all injury to Client, Client’s pet and Client’s property during the course of the photography session and the immediately surrounding events.

Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties with a witness.

No Partnership Implied. This Agreement shall not create or be construed to create a partnership, joint venture, association or any type of combination. No party shall have the power or authority to act as the agent of the other or to authorize or incur obligations on behalf of the other or to make on behalf of the other party any promises, warranties or representations. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, assigns, parents, subsidiaries or related or affiliated companies.

Attorney’s Fees. In the event that either party to this Contract initiates legal action against the other party to enforce the specific terms of this Contract, seek damages for breach of this Contract, or otherwise interpret or enforce this Contract, the prevailing party shall be entitled to recover reasonable attorney’s fees as well as all costs, premiums for bonds, fees, and other expenses incurred or expended in the action, in addition to any other relief granted by the court.

Session Requests.

1. Only the subject(s) of the session and their parent(s) and/or guardian should be present at the session.
2. Please arrive 15 minutes prior to your allotted session time. Arriving late may result in fewer images due to the shortened time-frame.

By signing below you, the Client, are stating that you have read and understood the information in this Model Release.

I confirm that I have read and understood this contract, and I agree to enter into this contract with Becky Annah Photography.