The proofs and on-line gallery will be delivered no later than 3 weeks after the date of the session. The online gallery will be available for four weeks after initial date posted/delivered. Any print orders being made with Nicole Lee Artistry Photography Nicole Catroppo should be made within that time. After three weeks, the gallery will be deactivated and a $25 re-listing fee will be required, should it be requested that the gallery be reposted for additional print orders. All re-print prices are guaranteed for a period of six (6) months following the date of the session. Orders placed after six months following the date of the session will be charged at the rates in effect on the most recently published price lists.
Entire Agreement
This agreement contains the entire understanding between Nicole Lee Artistry Photography by Nicole Catroppo and The Client. The Client agrees to all its terms, and acknowledges receipt of a completed copy of the Agreement signed by all Parties. This agreement supersedes all prior simultaneous agreements between the parties. Any modifications of this agreement must be in writing and signed by all parties. Each person signing as The Client(s) below will be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement. By signing this agreement, all parties confirm that they agree to all terms and conditions outlined in this agreement. The Client affirms that The Client is at least 18 years of age and has the capacity to enter into a contract with Nicole Lee Artistry Photography by Nicole Catroppo.
Non-Guarantee
Although all possible care will be taken to produce photographs of all important and special events during the session, Nicole Lee Artistry Photography by Nicole Catroppo cannot place an unconditional guarantee on the above. Nicole Lee Artistry Photography by Nicole Catroppo will not be held responsible for any ruined photographs due to cause in or outside of Nicole Lee Artistry Photography by Nicole Catroppo's control.
Payment
A retainer in the amount of $25, PLUS 50% OF THE TOTAL SESSION PRICE, is due and payable at the time the contract for services is signed. Nicole Lee Artistry Photography by Nicole Catroppo will reserve the time and date agreed upon and will not make other reservations for that time and date. Nicole Lee Artistry Photography by Nicole Catroppo will not reserve your date until after receipt of the retainer. For this reason, the retainer is non-refundable, even if the date is changed or the session canceled for any reason. The retainer is applied towards the contracted photography package described in this agreement. You may not transfer the retainer to anyone else without our prior written consent. The final payment of the remaining balance is due by the day of your session prior to starting. Note that photography will not start until this is paid. If the remaining balance is not paid in full prior to the session, Nicole Lee Artistry Photography by Nicole Catroppo reserves the right not to photograph your session. If your session is cancelled within 24 hours of the date, the client shall pay 50% of the balance of the contract due to the high probability that Nicole Lee Artistry Photography by Nicole Catroppo will be unable to re-book that date/time. Payments are to be made via PayPal, Venmo, cash or check to Nicole Catroppo. In event of payment default, The Client is responsible for (but not limited to) bad check fees, collection costs, certified mailing, lawyer's fees, and court costs.
Travel Expenses and other fees
The Client shall reimburse Photographer for any additional costs the Photographer may incur for travel, parking, photography permits and other reasonable costs necessary to the performance of these services. No exceptions. Travel Expenses of .50 per mile (round trip) will be incurred for events outside of a 30 mile radius of 16226. All travel fees, where applicable, must be paid on or before 7 days prior to the date of your session.
Services and Merchandise
Services or merchandise not included in this initial contract will be sold at the current price when an order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from The Photographer. All print/album credits must be used within 6 months of web gallery posting or photographer may substitute a product of reasonable value to fulfill any outstanding credit balance.
Exclusivity
In order for The Client to receive the best service and most compelling photos possible, it is understood that Nicole Lee Artistry Photography by Nicole Catroppo must be the exclusive professional photographer for your session. Nicole Lee Artistry Photography by Nicole Catroppo reserves the right to bring one assistant, and or second photographer at her discretion. The session time is for the exclusive use of Nicole Lee Artistry Photography by Nicole Catroppo to capture your portraits. Due to time constraints and the need for subjects to pay full attention to the professional photographer, it is requested that others refrain from taking pictures with other cameras or camera phones during the session.
Liability
Nicole Lee Artistry Photography by Nicole Catroppo warrants and declares that every effort will be made to provide high quality photographic services. In the unlikely event of severe medical, natural or other emergencies, it may be necessary to retain an alternative photographer. Nicole Lee Artistry Photography by Nicole Catroppo will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar cost. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. In such case that the Client declines the substitute photographer, the Client may terminate this agreement and receive a full refund of all monies paid.
Nicole Lee Artistry Photography by Nicole Catroppo takes the utmost care with respect to exposure, transportation and processing of images; including using professional grade equipment and professional grade back-up equipment. However, in the unlikely event of The Client's images being lost, stolen or destroyed for reasons within or beyond Nicole Lee Artistry by Nicole Catroppo's control, the latter's 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 photographer will not be held liable for the finished product or incomplete coverage in the event of tardiness or time restrictions placed on the photographer by The Client or any outside parties, including location restrictions and/or policies on the day of the session.
House Rules (should your session take place at a location that is managed by outside parties)
Nicole Lee Artistry Photography by Nicole Catroppo is limited by the guidelines of location site management, should your session take place at a location that is managed by outside parties. The Client agrees to accept the technical results of their imposition on the photographer. Negotiation with the site management officials for moderation, changes, or adjustments of certain guidelines is the client's responsibility; Nicole Lee Artistry Photography by Nicole Catroppo will offer technical recommendations only.
Session Guide
If there are specific shots that the client would like, the Client will be responsible for identifying people/objects of whom/which specific photographs are desired, as well as to make certain that these subjects are available when needed. It is recommended that The Client develop a list of desired poses, locations and subjects and share this with the Photographer before the session. The photographer will NOT be held accountable for not photographing desired poses or people if there is no communication or cooperation in identifying or gathering people for said photograph(s).
Model Release, Usage & Copyright
This contract serves as a model release. The Client hereby assigns and grants Nicole Lee Artistry Photography by Nicole Catroppo and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases Nicole Lee Artistry Photography by Nicole Catroppo and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Nicole Lee Artistry Photography by Nicole Catroppo may display and use the photographs taken for advertising, display, website, blog and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Nicole Lee Artistry Photography by Nicole Catroppo. If for any reason there are any images, that the Client would like not to be used in print or online, please let the photographer know immediately and we will honor those requests.
It is a violation of federal copyright law to allow photographs Nicole Lee Artistry Photography by Nicole Catroppo has created to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered (digitally or otherwise), without The photographer's express written permission. The Client agrees to purchase portrait photography prints directly from Nicole Lee Aritstry Photography by Nicole Catroppo. All photographs taken by Nicole Lee Artistry Photography by Nicole Catroppo are her property, will remain her property and are protected by United States Copyright Laws (USC Title 17). Violators of this federal law will be subject to its civil and criminal penalties.
The Client agrees to purchase prints directly from the Photographer or through a recommended printing lab. Should The Photographer become aware of reproduction without permission, the Client will remit a usage fee of $300 per image, per usage to Photographer. The Client further agrees not to supply images to any third parties. This includes any contests or online & print publication without the consent of The Photographer in writing.
Cooperative Spirit
The Client agrees to positive cooperation and communication for the best possible result within the definition of this agreement. Nicole Lee Artistry Photography by Nicole Catroppo is not responsible for key individuals' failure to be present or to cooperate during photography sessions, or for missed images or desired poses due to details not revealed to Nicole Lee Artistry Photography by Nicole Catroppo.
Completion Schedule & Delivery
Digital processing takes approximately 3 weeks. After the session, Nicole Lee Artistry Photography by Nicole Catroppo will provide the client with a private online gallery consisting of the professionally edited images and will offer to arrange an in person meeting to go over proofs and order prints as well. A "sneak peek" of a few images might be posted within 2 weeks of the session date on Nicole Lee Artistry Photography by Nicole Catroppo's Facebook page (can opt out of Facebook posting).
Professional Image Manipulation
All final images are professionally edited and consist of color correction, black & white, and any other digital manipulation done by the photographer. It is understood that if a technicality prevents the final result to meet the Client's requirement, the Client will accept that Nicole Lee Artistry Photography by Nicole Catroppo has performed to its best ability with regard to the specific task and that Nicole Lee Artistry Photography by Nicole Catroppo has no further responsibility towards said image manipulation. Request for additional retouching or additional manipulation of images delivered will be charged at a rate of $20/image.
Pre-Event Consultation
The photographer agrees to pre-session consult via phone or email before the session date in order to finalize the actual shooting times, locations, procedures and special requests for specific photographs.
Permissions
It is the Client's responsibility to schedule and receive permission to use various locations for photography during their session.
Coverage
Photographer will provide coverage for the date(s), location(s) and continuous hours specified in this Agreement. Additional travel may be added by agreement on the session day and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to The Client. Because all sessions are uncontrolled events, the photographer cannot guarantee delivery of any specifically requested image(s).
Performance
The performance of this contract on behalf of Nicole Lee Aritstry Photography by Nicole Catroppo shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
Garments
Nicole Lee Artistry Photography by Nicole Catroppo cannot be held responsible for damage to garments during environmental events.