This is a binding, legal contract between Lilybug Hugs Photography, hereafter known as the "Photographer" and the "Clients". Please read this contract thoroughly and completely. The only way to change this contract is to do so in writing and in the presence of both the Photographer and the Clients. Please carefully read this document, your legal rights may be affected.
Photography Consent: The client consents to be photographed by Lilybug Hugs Photography (LHP).
Cooperation: Each party agrees to cheerfully cooperate and communicate to the best of their abilities to complete the assignment at hand. Photographer is not responsible for uncooperative subjects including adults unwilling to pose or smile properly.
If the Clients are more than 15 minutes late to the scheduled session time without proper communication to the Photographer, the Photographer will cancel the session and not issue a refund to the Clients. The Clients will not be rescheduled another session until payment for a new session is paid in full. We reserve the right to terminate a session immediately in the event that you are uncooperative, disruptive, or abusive to us or any of our employees or contractors. In the event that we terminate the agreement under this clause your retainer fee will be forfeited, and no images will be delivered.
If subjects are unwilling or uncooperative, the photographer will not be held responsible. I will do my best to capture you and your family's personality whether it be posed or unposed moments. However it is ultimately the adult's responsibility for your own facial expressions and body language and to keep your children under control during the session. If your family and or child chooses to consistently act up or be disrespectful, is uncooperative, will not stay in the photo area, or is inconsolably crying the majority of the time, we may have no other choice but to stop the session. Lilybug Hugs Photography will however put forth every reasonable effort to finish a session. If the session is stopped due to any of these reasons, there will be no refunds. If I feel that a gallery cannot be built out of any of the shots taken during the session, I reserve the sole right to decide if the session will be rescheduled.
Retainer & Deposit: A minimum deposit of 25% of your session total is required to make a booking unless otherwise noted for a limited edition mini session. This secures the time & date specified in your invoice provided by LHP. Retainers & Deposits are non refundable for any reason! The deposit is for my time and creativity while planning your session. Once a session is booked, I immediately buy any coordinating backdrops or props as discussed and required for the session. A $50 fee will be assessed for bad checks and charge backs.
*Grow With Me/Bump to Baby
Clients agree to a full payment of $1000, and agree that a full refund is not an option once payment has been made. If for some uncontrollable circumstance you can not make your future session(s), you'll receive a 75% refund of each remaining session's remainder.
Order Cancellation or Variation: Orders confirmed by the Client with Lilybug Hugs Photography verbally or written are binding and cannot be cancelled, altered, or otherwise changed, without the express agreement of Lilybug Hugs Photography. All changes, additions, and variations are subject to additional charges.
Discounts: Any changes to a Confirmed Order voids all (if any) discounts.
Vouchers: Vouchers cannot be used in conjunction with any other offer or voucher and are not redeemable for cash or any other goods, and may only be used as described there on. Vouchers are non transferable.
Image Files: All photographic image files remain the property of Lilybug Hugs Photography at all times.
Copyright: I hereby assign future copyright of my portrait photographs to Lilybug Hugs Photography. Copyright in all images produced by Lilybug Hugs Photography remains the exclusive property of Lilybug Hugs Photography.
Printing Rights: Lilybug Hugs Photography retains the exclusive right to make prints and reproductions of images it produces. The Photographer releases the printing rights to The Client. The Client has the ability to print the images at any photo printing facility of their choosing. The Photographer takes no responsibility for the quality of the images from any photo printing facility besides the photo printing facility The Photographer uses to print images.
Marketing & Promotion: Lilybug Hugs Photography may reproduce images from a client's session for its own marketing, advertising, promotion and exhibition, both internally and externally.
No Commercial On-Sale: Lilybug Hugs Photography shall not
make any commercial sale of the images without the written permission of the Client.
Client’s Usage and Reproduction: All prints and image files provided to the Client by Lilybug Hugs Photography are licensed for personal use only, and cannot be sold or reproduced without written consent.
Image Altering: To preserve our brand and the integrity of our work the client agrees not to alter, edit, or use any filters on any original images provided by Lilybug Hugs Photography. If the client requires any further cropping, altering, black and white adjustments, or photo shop they will need to contact Lilybug Hugs Photography for permission or a quote for it to be done professionally. *Screen shots are strictly prohibited and must not be displayed on social media unless it is the original copy of the image untouched or cropped. You have a beautiful sneak peek and want to make it your profile photo, please tag your image, then proceed by going to your profile page, and switching your profile image by choosing images you're tagged in, and selecting your new photo.
Attendance: In the unlikely event that the assigned Photographer is unable to attend your photo shoot due to unforeseen circumstances, Lilybug Hugs Photography reserves the right to appoint another photographer to attend on her behalf to undertake the photography to his / her best ability, or to reschedule the photo shoot to another agreed date. Photography of Minors: For subjects under the age of 18 at least one Parent or Guardian must be present at all times, and the Parent or Guardian must maintain a visual contact with the minor. Physical Activity: Photo sessions involve physical activity. This is undertaken at the client’s own risk.
Attire: I would like to suggest a few tips for you & your family. Please note the end result is for everyone to love their photos and these are helpful pointers in achieving a cohesive look. Avoid clothing with very obvious logos or labels to keep your images looking timeless. Also make sure that, whatever you choose for your yourself & children, it should be comfortable or it will be hard to get natural expressions. No overtly white or neon clothing or shoes. Eyeglasses can be a problem, especially with small children who can’t hold still or with adults who have transition lenses. It is VERY hard to "photoshop" distortion, reflections, or glasses glare, and editing such is not guaranteed if at all possible.
Inherent Qualities: Lilybug Hugs Photography prides itself on the very highest standards of printing, mounting, framing and reproduction. However, the manufacturing processes and use of third party suppliers may from time to time result in minor blemishes appearing on products that are beyond our ability to avoid or remove. An attempt to have these fixed will always apply. The client therefore agrees to accept such blemishes or faults that are deemed to be within reasonable tolerances by LHP.
Limit of Liability: Lilybug Hugs Photography takes the utmost care with respect to exposure, transportation and processing of photographs, including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of the clientʼs photographs being lost, stolen or destroyed for reasons within or beyond Lilybug Hugs Photographyʼs control, the latterʼs liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
Liability Waiver: The Clients (I) are aware that certain activities and actions that take place during my photography session with Photographer present certain risks including, but not limited to, bodily injury, death, illness, loss or damage to personal property, and other safety-related dangers. I further understand that indoor and outdoor sessions present inherent risks of personal injury or sickness, such as falling or tripping, bug bites, forces of nature such as lightning strikes, accidents by automobile or other conveyance.I understand these risks, recognize that these dangers cannot be eliminated, and acknowledge other dangers not mentioned may also exist. I understand the physical requirements of participation in these activities and affirm I meet these requirements, and that my physical and mental health is good, and that I am not under a doctor’s care for any condition that might endanger other participants or myself. I understand that Photographer, and or their assistants, may not posess the required training or equipment to handle incidents that may occur. In case of injury, accident, illness, or my inability to complete these activities, I will bear the full cost of any additional transportation or evacuation procedures performed by Photographer or others.I certify that I am voluntarily participating in these activities and assume all risks, consequences, and potential liability for this participation. I hereby release Photographer, its employees, staff, instructors, volunteers, and representatives, as well as, any owners and lessors of premises where session may take place from any and all liability claims, causes of action, debts, and demands that may arise as a result of participation in these activities. In the event that a lawsuit is filed, I agree to do so only in the County of WARD, in the State of North Dakota, and further agree that the substantive law of the State shall apply in that action without regard to the conflict of the rules of that State. This document shall also serve as a release and assumption of risk for my heirs, personal representatives, executors, administrators, and members of my family. Shooting Conditions: Photographer schedules their events sometimes months in advance and does their best to predict the best times and conditions for photography. However, I understand and stipluate that Mother Nature is unpredictable and that it is impossible for Photographer to truly know what will happen. Therefore, I agree to hold Photographer harmless if conditions do not meet my expectations. This includes, but is not limited to, weather, light, and growing conditions, rain, drought, lack of blooming, minimal color, lack of water flow, and so forth.As a parent or guardian of participant(s), I acknowledge reading this form and agree to all the provisions above. In addition to the above release and assumption of risk, I also give permission for Photographer, assistants, staff, volunteers, and emergency personnel to make necessary first aid decisions in the event of an accident, injury, or illness to the below named participant(s).
Reproduction of Poses: There are many sources for reproduction of poses from places such as Pinterest and the internet. While the Photographer will do her best to reproduce certain poses requested by The Client, it cannot be guaranteed that the reproduced poses will be exact.
Model Release: For valuable consideration received, I hereby grant to Lilybug Hugs Photography ("photographer"), and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of me, or members of my family, or in which we may be included, for editorial trade, advertising, and any other purpose and in any manner and medium; and to alter the same without restriction. I hereby release photographer and her legal representatives and assigns from all claims and liability relating to said photographs. Photographer reserves the right to cancel or change activities without prior notice, and reserves the right to cancel the session of any participant it deems unable to meet safety requirements.
Payment & Turnaround Time: Payments must be paid in full upon your scheduled session date. Turnaround time for a portrait session is 21+ business days. Photos will be edited, uploaded to your online gallery, and the Clients will be messaged or emailed instructions on how to download their digital images. Clients will be presented with 5 digital images for a Mini Session unless otherwise noted in a limited mini session, 10 digital images for a Full Session, 10-15 digital images for a Newborn Session, and 15-20 digital images for an Extended Family Session. Clients will also be issued a print release to print their digital images at their own risk and expense. Under no circumstances will a full refund be given.
Should you decide after your session that you do not "like" any of your images after viewing a sneak peek, BEFORE you receive your online gallery, a partial refund will be given of $10 per image you should have received. IE: You had a session in which you expected 5 images, you'd receive a total of $50 in a refund and receive NO images. (Please note as stated above, retainers and deposits are non-refundable.) Absolutely NO refunds will be given after you receive your gallery.
Miscellany: This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. This Agreement shall be governed by the laws of the State of Alaska.
I have had sufficient time to read this entire document. I have read and understood it, and agree to be bound by its terms.