Healing Tree Wellness

Newborn Photography Contract

Newborn photography includes:

• Editing of images, chosen by the photographer - black & white and color, up to the discretion of the photographer 

• High resolution and web resolution files

• Online gallery - available for 3 months to digitally download your files

1. This agreement is between Healing Tree Wellness (“the contractor”) and the name listed above (“the client”).

   
   

2. Neither photographer nor contractor is liable for any dissatisfaction of the final products as long as it represents photographer’s style and work in photographer’s portfolio. Client is responsible for viewing photographer’s portfolio. Upon signing the contract, client agrees that the photographer’s style and quality of photographs is acceptable. Photographer cannot guarantee print quality and is not liable for outside lab dissatisfaction.

   
   

3. The contractor holds copyright for all images taken during the session. Any attempt to claim the photos as client’s own will result in lawful action. Any attempt to reproduce photos which you do not have printing rights agreement for will result in a breach of contract. Photos and prints are for personal use only.

   
   

   If you grant permission for photos to be shared online and for marketing puposes, the contractor obtains the irrevocable right to utilize photos from your session for advertising or commercial purposes. This includes positioning certain images on advertising materials, that include the contractor’s website, Facebook page, social media, printed media in accordance to model release.

4. If photographer is unable to perform due to sickness, emergency, or caused beyond photographer’s control, the photographer and client shall attempt to schedule a replacement session. If an agreement cannot be reached by photographer and client, the contractor agrees to return payments made. The photographer will have no further liability. If the photographer is not able to deliver the agreed upon images due to technical malfunctions of her photography equipment, the contractor’s liability is limited to the price of the newborn session.

   
   

5. The contractor holds all artistic rights to images captured during a session. Photographer will decide how she wants to edit each photograph. Client agrees to not alter images in any way (this includes filters used on social media). Client agrees to not crop images. If client desires additional editing on any file, the contractor reserves the right to charge $25 per file. 

   
   

6. The client agrees to indemnify, defend and hold harmless the contractor and photographer against any and all damages, liabilities and costs (including attorney fees) asserted against or suffered by the contractor and/or photographer relating to any breach by client of the terms of this agreement. The contractor and/or photographer shall also have the right to seek an injunction to prevent any violation of this agreement.

   
   

7. Photographer will not tolerate any emotional, physical or verbal abuse. If an abusive situation arises at the reasonable discretion of photographer, then photographer can leave and retainer and balance will be kept.