RETAINER AND SESSION FEE:
Client agrees to pay MCP the specified retainer at the time of booking to secure their appointment date and time. MCP agrees not to 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. This retainer is not transferable to any other session. Remaining balance is due at the end of the session. Your proof gallery will not be released until the remaining balance is paid in full.
Your session fee covers the time and talent of the photographer, retouching as agreed upon in the package and a select number of images based on the package purchased. PLEASE BE ADVISED that Studio doesnt provide RAW or Unedited images. All additional services not agreed upon before this booking will incur an additional fee, which must be paid in full before your proof gallery will be released.
Your proof gallery will be active for 14 days and the final gallery for 21 days. An extension of 21 days can be purchased. The fee amount changes if the request for additional gallery time is beyond one month since final gallery expiration date. To renew your gallery later than one month from gallery expiration date, a $150 fee applies for an additional 21 day gallery. This flat fee covers the time of going through all hard drives to locate your gallery, re-upload and set up your new gallery, and the cost of 21 days of online storage of the gallery. Any request for a gallery extension past 6 months from original gallery creation will not be possible.
Studio will keep backups of your images for 6 months from gallery upload but no longer. Studio is not responsible if images are not saved appropriately from the gallery while it is available. Please make sure you will back up your gallery multiple times on multiple drives and computers before your expiration date.
RESCHEDULING TERMS (All Sessions Excluding Newborns)
Clients may reschedule their session only once without penalty. Rescheduling must be done at least (72) hours prior to your shoot. If you fail to give 72 hours’ notice, the deposit is forfeited and will not be refunded. Any second or further rescheduling will result in forfeit of the deposit and will require a new deposit to reserve the new time slot.
Client understands that by entering into this agreement, Photographer is foregoing other photographic engagements at the time reserved for the client. In the event of a cancellation or postponement of the session by Client, Photographer will lose the income and will no longer be able to fill that time slot. As such, the deposit is non-refundable. Client is not permitted to transfer the value of the deposit to any other service offering or package.
If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a photo session meeting the expected artistic standards, the photographer may elect to use an alternate location or to reschedule the session. 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 and will inform client as soon as reasonably possible.
RESCHEDULING TERMS (Newborn Sessions)
Newborn bookings are done as a “soft booking” when initially made. It is the client’s responsibility to contact photographer within three days of the birth to schedule the session. All newborn shoots must be completed no later than 14 days after date of birth (see below for additional details), so communication on date of birth must take place quickly after the birth. Before birth, during “soft booking,” no rescheduling fees apply – the studio understands that due dates change and there are sometimes surprises. Once the baby is born and the session is scheduled with a specific date and time, there is no rescheduling or cancelation permitted. Newborn shoots are very time sensitive, as the baby must be photographed in setups of a certain size and while sleeping, so rescheduling will not be permitted at all for Newborn packages.
Clients are required to arrive 15 minutes in advance of their scheduled session time in order to be prepared and ready to start the shoot at the scheduled time. Please be prompt. If you are running late, please let MCP know ASAP. My time is valuable and so is yours.
Client’s late arrival can result in reduction of services. MCP will make all reasonable efforts to complete your package, even in the event of a late arrival. If, due to a late arrival, MCP cannot complete the services during the scheduled session time, client forfeits any claim for additional time or work by the photographer to accomplish the desired look/photo.
Late arrival of 10 minutes or more after scheduled session start time (25 minutes past scheduled arrival time of 15 minutes before the session start time) will result in a cancelation of the session and client’s forfeit of their deposit. Exceptions are only made at photographer’s discretion. Late arrivals will not be allowed if it will impact other clients.
SCHEDULING NEWBORN SESSIONS:
Newborn sessions must take place within 14 days of the date of birth to get the quality photographs expected from MCP. In the event of a c-section, MCP is willing to have the Newborn session up to 21 days after date of birth to allow additional time for mother’s healing. Newborn sessions can be canceled only due to serious health conditions occurring as a result of the birth. Normal cancelation and no-show policies apply for anyone not having serious birth complications. Please be advised that newborn sessions take place in the studio only.
MCP requires a full list of participants to be provided in advance of booking (requested information to create the booking deposit request). It is client’s responsibility to communicate any changes in the agreed upon participant list as soon as possible. MCP reserves the right to prohibit additional participants beyond those communicated in advance of booking from entering the premises. Client’s lack of communication to MCP about session participants will result in additional fees to include the new participants, if MCP agrees to include them.
Please do not bring children who are not being photographed to the session. Any child not being photographed will not be allowed to enter the studio. Attempts to include additional participants in the session beyond those agreed upon in advance may result in cancelation of the session at MCP’s sole discretion and forfeiture of any deposit. Any photographs taken of additional participants that are allowed to be included in the session (but were not on the communicated participant list) will only be available on an a la carte basis – those photos will not be available as part of any agreed upon package.
COOPERATION AND NO SHOWS:
Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled session, the 50% deposit is non-refundable. If client does not appear for a scheduled session, a new 50% deposit will be required to book a new session.
Re-shoots are determined at the sole discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair related issues, child behavior, or by not following the recommendations of the photographer. Please avoid snacks that stain teeth and clothing.
RECORDING AND PHOTO TAKING DURING SESSION:
Photographer’s camera is the only camera allowed at the photo session. Any attempt at taking pictures or videos during the session will result in an immediate stop in the session until the recording has ceased. This includes cell phones. All equipment, setups, studio props, and any work done by the photographer in the studio are considered to be trade secrets and will not be permitted to be recorded or shared by any client.
Additionally, client cameras can cause distractions, especially to small children, which hinders Photographer’s ability to obtain quality shots. Use of a recording device during the session releases photographer from any responsibilities to provide quality photos from the session. Repeated attempts at recording will result in the ending of the session. Client will be responsible to pay remaining balance for the session and will not be entitled to any proof gallery or final images.
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.
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 client’s 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 to client.
NON-USAGE FEE OPTION:
If client wishes to prevent MCP from using photographs from client’s session as part of MCP’s portfolio, promotions, entry into photographic competitions or other reasonable business uses, client must discuss this with MCP before the photo session. A $600 non-usage fee will apply and will be due in full before the session is completed. This fee is intended to offset any potential loss of future revenue from marketing or promotional activities.
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 (without modifications or filters or changes in any way)
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.
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.
An exception will be made for Boudoir Sessions due to 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 and FINAL GALLERY:
Proof gallery will be delivered within 4 weeks of the final invoice payment via online, password protected gallery. Proof gallery is sent to the email provided by client during booking and reservation. Photographer does not have any obligation to send additional communication about gallery running except for invitation link to gallery via email sent by MCP’s photo-sharing site PixieSet. It is client’s responsibility to receive the email communication (at the email address provided for booking) and to view the Proof Gallery while it is available.
Your Proof Gallery can be viewed by clicking on the View Photos button in the invitation email. Clients must select favorite images from the Proof Gallery while the Proof Gallery is available (14 days). It is client’s responsibility to mark the favorite images and create the favorites list. After the client is done selecting favorite images, they must inform the photographer that their selection is final (otherwise the photographer won't be able to know if client’s choices are final). The gallery host website provides the option "Share my gallery with photographer” which is the preferred method of communication. Text or email to MCP is also acceptable once favorites are selected. Once favorites have been selected and client has informed MCP, the Proof Gallery will no longer be available to client. MCP has no responsibility to follow up with client if favorites are not made during the 14 days that Proof Gallery is available.
In the event that the client selects favorite images in excess of what is included in client’s package, each additional image will incur an additional fee. The price of additional images depends on the style of retouching (Studio or Fine Art) and the effort required for the desired look. Based on your favorite selections, the photographer will send you an invoice with payment request only if any additional images beyond your package are chosen. After final invoice is paid in full, MCP will complete retouching on your selected favorites, including those beyond the package that were paid in the final invoice.
Final Gallery will be made available by MCP within 7 days of final invoice being paid based on images in Favorites Gallery. Final Gallery availability is also communicated to client via automatic email that gallery is running. MCP has no further responsibility to alert client of Final Gallery delivery. Final Gallery is available for 21 days for client to download and order prints.
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 MCP, client hereby waives, releases, and discharges MCP, 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 client or client’s family including client’s traveling to and from this event. MCP 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, MCP, or any employee of MCP for any reason. MCP 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.
POST PRODUCTION AND ADDITIONAL RETOUCHING REQUESTS
In your Proof Gallery, there will be Samples and Proofs. Proofs are all of the photos from your session and have not been edited in any way. Samples are some of studio favorite photos from the session that I have retouched in the exact way I plan to retouch your favorites. They are there to give you an idea of what different photos in the Proof Gallery will look like if you pick them as your Favorites! You select your favorites (you can pick samples of course!) and then the Proof photos will be retouched with the style and detail of the Samples and will be provided in your Final Gallery.
If you have any special requests beyond the type of retouching that was done in the Samples, please add those notes in the comments section of your Favorites. Depending on your request, I may charge an additional fee. I will provide you with my quote and require payment before working on any additional retouching beyond what I include in packages (color correction, skin clearing and blemish removal and cropping). Any requested changes after receiving your final gallery will incur an additional fee
All packages include basic retouching: crop, color correction, skin clearing and blemish removal.
PLEASE BE ADVISED THAT BODY SHAPE MODIFICATIONS, ANY TYPE OF "DIGITAL PLASTIC SURGERY" REQUESTS, CLOTHING MODIFICATIONS, JEWELRY OR ITEMS REMOVAL AND MORE ARE SUBJECT TO ADDITIONAL CHARGES .
This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
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. This written agreement supersedes any conversation, pre-session consultation, or other verbal or written communications of any kind between MCP and client. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. The booking being made and this accompanying contract are for a single photographic session with MCP. Additional sessions require a new contract and booking.
You have read and understand this agreement, including the terms and conditions, and agree to be bound by them by making a deposit.