This Contract is in place to explain the details of a Photography Session with Petya Hatch Photography. We will not be responsible for any issues if you do not read this contract entirely prior to signing. Please Read this entire document. Please keep a copy for your records.
Entire Agreement: This Agreement contains the entire understanding between Petya Hatch Photography and the CLIENT. It supersedes all prior and simultaneous agreements. Reservation: A signed contract is required to reserve the specific coverage.
In order to get the most out of the session, you should ensure that you arrive on time and attend session in full. Latecomers will take full responsibility of any actions taken during the time of session. You are not entitled to a full or partial refund if, because of your lateness, you miss all or a portion of your session with Petya Hatch Photography. You are not entitled to extra time if you arrive late to your session. You are paying for a specific time on part of the photographer.
Session Fees: This contract is for your session fee and does not apply to any print purchases. There are no refunds for session fees of any kind. Session fees cover the time and talent of the photographer, the cost of an assistant, if necessary, post processing of the images selected in your package, and digital files with a print release for your final gallery. By submitting this contract, the CLIENT agrees to the full payment of the session package indicated below plus State of Texas sales tax.
In the event that you are not happy with your session images, then if agreed upon with the photographer, a reshoot may occur. If no reshoot is agreed upon, the session fee is still applicable to the initial session and no refund or credit will be given.
If receiving free or discounted sessions as part of a package, you are fully responsible for paying for the free or discounted session, in full, in the event of a cancellation or refund of the paid portion of your package.
All print purchases are made separate from this purchase. All prints, products, session CD's or USB's can be ordered additionally from your online gallery. You agree to give the photographer artistic license to capture your images. The photographer and studio will take the utmost care with respect to the exposure, development and delivery of photographic products and services ordered.
Copyrights: The photographs produced by Petya Hatch Photography are protected by Federal Copyright Laws (all rights reserved) and MAY NOT be reproduced in any manner without Petya Hatch Photography's explicit written permission. It is a breach of this agreement to not only reproduce the images (unedited proofs or edited images), but to display them on social networking sites (Facebook.com, Instagram.com, etc.) unless expressed permission is given by the photographer. If displayed on social networking sites, photos MUST say photos by Petya Hatch Photography somewhere visible on the photo or on the information tab below each single photo. It is breach of this agreement to copy or distribute any unedited proofs from your proofing gallery. Upon digital images purchased, limited copyright ownership of the resulting images will be transferred to the client under the following conditions.
The photographic images are the property of the client for personal use and for the purpose of the reproduction and giving of photographs to friends and relatives.
The CLIENT must obtain written permission from and compensate Petya Hatch Photography prior to the Client or the client's friends and relatives publishing or selling the photographs for profit.
The purchase of digital images authorizes you to make prints and reproductions for personal usage; unless this is a commercial session where the Company is then authorized.
Exhibition: Requests for photographic images to be used by Petya Hatch Photography are not required. CLIENT grants Petya Hatch Photography permission to use negatives, digital captures and/or reproductions for purposes of display, exhibitions, contests and other purposes and releases all claims to profits that may arise from use of images as well as any print or online publication. Unless otherwise specifically stated herein, negatives, digital negatives and proofs remain the property of the studio, and the studio has the exclusive right to make additional reproductions from them for the client. Petya Hatch Photography grants client limited rights to use the images in marketing materials with specifications that photo by Petya Hatch Photography is listed on the image/article. If client requests to use the image in the distribution of products such as but are not limited to posters, clothing, etc. a 5% compensation rate of the total number of sales will apply unless otherwise agreed upon in writing.
Model Release: The CLIENT hereby grants Petya Hatch Photography and it's legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included or the CLIENTS minor child who is being photographed, for editorials, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases Petya Hatch Photography and it's legal representatives and assigns from all claims and liability relation to said photographs.
Assumption of Risks: Participation in outdoor sessions or activities with Petya Hatch Photography carries with it inherent risks that cannot be eliminated. Risks include falling, traveling through the natural terrain of the environment that we are in, dangers from the animals that live in the environment we will be working at that include but are not limited to bugs, snakes, etc..., I recognize that such hazards and dangers, including those not mentioned herein cannot be eliminated and acknowledge other dangers not mentioned may also exist. I agree that I am personally responsible for providing and wearing appropriate footwear. I understand that my photographer may not possess 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 Petya Hatch Photography or others. I certify that I am voluntarily participating in this outdoor session with Petya Hatch Photography and assume all risks, consequences, and potential liability for this participation. Indemnification and Hold Harmless: I also agree to IDEMNIFY AND HOLD Petya Hatch Photography, its officers, employees and agents, the municipality in which Petya Hatch Photography sessions occur, and other managers of the land where these sessions occur HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, demands, damages and liabilities, including attorney's fees brought as a result of my involvement in a session with Petya Hatch Photography and to reimburse them for any such expense incurred.
Miscellaneous: Client grants Petya Hatch Photography exclusivity during this session as the sole photographer. Personal cameras - professional or non-professional, cell phones, tablets, or other devises used to capture photographic images are not permitted during your session unless expressed permission is given by the photographer.
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 Texas in the County of Tarrant and any applicable federal laws.
By typing your name in the Digital Signature section of this contract you agree to the terms of service.
