RETAINER AND SESSION FEE:
Client agrees to pay MCP the specified retainer at the time of booking to secure their appointment date and time and not make any other reservations or accept any other clients for said date and time. This is a non-refundable retainer fee that goes toward your session. Remaining balance is due at the end of the session. Your proof gallery won't be released until the remaining balance is paid in full.
Your session fee covers the time and talent of the photographer, basic retouching (crop and color correction as well as blemishes, bruises or skin imperfections as determined by the photographer), and a select number of images (will be based on which type of session you’ve chosen).
No part of any order, including previews, will be delivered until the balance is paid in full. Your proofs gallery will be running for 14 days and the final gallery for 21 days. Any extension for additional 21 days is a matter of $35 fee if requested in one month since final gallery expiration date. Studio will keep backup of your images for 6 months.
So please make sure you will back up your gallery multiple times on multiple drives and computers before your expiration date. If for any reason you need to renew your gallery after your gallery expires but later than a month from gallery expiration date but before 6 months period, a $150 flat fee applies .This flat fee covers my time of going through all hard drives to locate your gallery, upload and set up your new gallery , 21 days online storage fee and more.
RESCHEDULING AND LATE ARRIVAL (do not apply for newborn sessions)
Clients may reschedule their session only once, at least (72) hrs prior to their shoot without penalty. If a client fails to give 72hrs notice, session fee is forfeited and will not be refunded. Appointments may also be rescheduled without penalty due to weather conditions. If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the photographer may elect to use an alternate location or to reschedule the portrait.
Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, retainer fees are non-refundable. Deposits are transferable ONLY if a date change is necessary. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots. If Client and/or key individuals fail to appear to a scheduled portrait session, the 50% retainer is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional 25% deposit.
Newborn sessions must take place in the first 14 days since the baby was born in order to accomplish best possible results. Moms after c-section can be seen closer to the 3 week mark, as they need more time to recover from surgery. Newborn sessions can be canceled only in a tragic event or serious health condition occurred after birth. Please be advised that newborn sessions take place in the studio in morning hours only.
Please be prompt to your scheduled appointment time. If you are running late, please let me know ASAP. My time is valuable and so is yours. If you’re late for an appointment it will result in lost session time. If you arrive over 20 minutes after the scheduled start time your session will be canceled so the studio can hold promptly other scheduled sessions for that day and you will be charged $50 to reschedule your appointment.
COPYRIGHTS & SOCIAL MEDIA SHARE:
MCP owns the copyright in all images created and the right to make reproductions. The Photographer only makes reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, or entry in photographic contests. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission. Clients receive License for Personal Use only. If you wish to share your images on social media you are required to tag and credit Marta Chodur Photography .
NOTICE OF COPYRIGHT:
All photos created by Photographer are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Photographer's express written permission. The client may print (on their own) their personal photographs with the written consent of Photographer only once in possession of the digital images. The negatives/digital files remain sole property of Photographer and will never be given or sold.
Non-Usage Fee: Additional non-usage fee of $600 applies if MCP in light of the inability to leverage her photographs as part of her portfolio, self-promotions, or entry in photographic contests. In light of the inability to leverage his photographs as part of her portfolio, This fee is intended to off-set loss of potential marketing opportunities.
Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads "Marta Chodur Photography" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
This license allows the client to do the following with the images:
1) Display the images;
2) Print the images;
3) Upload, email, or electronically transfer the images or files; and,
4) Publish the images on personal websites or social media websites
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY PHOTOGRAPHER MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES
The charges in this Contract are based on the Studio’s/Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. -This Contract incorporates the entire understanding of the parties and is governed by the laws of New Jersey. Any modifications of this Contract must be in writing and signed by both parties.
Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
In regards to Boudoir Sessions, because of the intimate nature of the photographs, no images that contain nudity will be published. Any use of the Photographs by Photographer will be restricted to images that do not contain Client’s face. Photographer will not use any photos of the Client’s face without express permission from the Client.
TURN AROUND TIME/PROOF GALLERY :
Proof gallery will be delivered in 4 weeks since original session date via online/password protected gallery to email which was provided by client during booking and reservation. Photographer do not have any obligations to send additional communication about gallery running except for invitation link to gallery via email provided by client while placing deposit or client was using to communicate with photographer previously.
Your Proof gallery can be viewed by clicking on the View Photos button in invitation email. Clients will select favorite images in the time frame presented in the invitation email , mark them as favorite and create your favorite gallery. After the client is done selecting images they must inform the photographer that their selection is final (otherwise the photographer won't be able to know if clients choices are final). Gallery provides the option "Share my gallery with photographer".
Every additional image is $20 or $45/$55 for an artistic retouch image. After you do that the photographer will send you an invoice with payment request only if any additional images will be chosen. Once payment is made, the gallery with your favorite images will be unlocked and available for you to download, order prints and share with your friends and family for 21 days.
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, child behavior, or by not following the recommendations of the photographer.
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves, as well for their own belongings and property and release photographer from any claims against the person and their business.
By agreeing to a photography session with Marta Chodur Photography, I am hereby waiving, releasing, and discharging Marta Chodur Photography and all its affiliates, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me or my family including my traveling to and from this event. Marta Chodur Photography is not responsible for any injuries inflicted upon any participating parties for any reason. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. Client agrees that each person is participating voluntarily in the said photography session and forfeits all rights to bring a suit against Marta Chodur or Marta Chodur Photography for any reason. Marta Chodur Photography is not responsible for uncooperative parties. It is understood that the behavior of children is unpredictable, however, photographer is not liable if a child does not cooperate during a session and child's cooperation is fully parents responsibility.
This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Marta Chodur Photography by Marta Chodur.
*No cameras/camcorders/any type of recording device (this includes cell phones) are allowed during the session.
*Sessions start at agreed upon time. It is strongly encouraged for clients to arrive 15 minutes prior to the start of the session. In the event of a delay, please notify the photographer. Arriving late will cut into your contracted session time.
*Please do not bring children who are not being photographed to the session.
*Please avoid snacks that stain teeth and clothing.
You have read and understand this agreement, including the terms and conditions, and agree to be bound by them by making a deposit.