1. RETAINER AND PAYMENT- The client shall make a non-refundable retainer of $250 to Stefanie Cole Photographer to perform the services specified. Upon payment of retainer and submission of contract, the Photographer will reserve a slot for your session. The session will be scheduled once the baby has arrived. Client must pay the full balance at the start of their session (or prior to).
2. CLIENT NOTIFICATION- Due to the nature of newborn sessions, clients must reach out to Photographer via email or phone within three days of birth in order to ensure availability. For Fresh 48 sessions, clients must notify Photographer the same day of birth if possible.
3. PROMOTIONS- If the client received a complimentary or discounted session as part of a promotion or bundle deal, the full value of the first session(s) must be paid prior to the first session(s). The discounted value will be applied to the last consecutive session, once the full balance has been paid.
4. CANCELLATION- If client requests to amend or cancel this agreement 7 or more calendar days before the session date, the retainer shall be applies to a mutually agreed upon reschedule date. If Client cancels this agreement 6 or less calendar days before the session date for an reason other than sickness or emergency, the retainer shall be forfeited.
5. ARTISTIC RIGHTS- The Photographer retains the right of discretion in selecting the photographic materials released to the client. Photographer will make every effort to capture specially requested photographs, but cannot guarantee that any particular requested photograph will or can be delivered.
6. COPYRIGHT AND REPRODUCTIONS- The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions, and use, or for display within or on the Photographer's website, social media and/or studio. It is understood that any alternation or commercial duplication of original images is strictly prohibited without the written consent of the Photographer.
7. CLIENT'S USAGE- The client shall only use the prints and digital files in accordance with the permissions within this agreement. The Client's prints are for personal use only and shall not be submitted to contests, or reproduced for commercial use without written consent from the Photographer.
8. FAILURE TO PERFORM- If the Photographer is unable to perform this agreement due to an illness, emergency 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, a reshoot will be offered at no cost and liability shall be limited.
9. CLIENT COOPERATION- Photographer cannot be responsible for unwillingness of client to perform. This includes unwillingness to cooperate with photographer's instructions, having a poor attitude, choice of clothing, hair or makeup selection, or behavior or children. Photographer will make every effort to produce high quality images in a given situation, but cannot control the attitude of subjects. Additionally, Photographer will offer guidance on newborn preparation, clothing selection, and time of day that can help increase the chances of a successful session. Photographer cannot be held responsible if Client chooses to not follow that guidance.
10. NEWBORN POSING- Photographer has a specific posing flow that she will follow in an attempt to capture as many poses as possible. Photographer will adapt her posing strategies to the baby. Every baby is different, and Photographer cannot guarantee specific poses will be achieved in each session. Photographer will make every attempt to fulfill Client requests, but ultimately will adapt the posing flow to the needs of the baby.