This agreement for photography services is entered into by the person(s) described below, referred to as "Client", and Imagine Image & Design/Kara Milianta, an independent contractor. If you do not see the submit button refresh your screen.
Agreement Overview:
This agreement contains the entire understanding between Imagine Image & Design/Kara Milianta and the CLIENT. It supersedes all prior and simultaneous 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 that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Booking:
A $50.00 booking fee is due at time of signing this agreement. This is a NON-REFUNDABLE RETAINER. In the event of cancellation, the retainer paid is non-refundable. The CLIENT shall liquidate it for damages to Imagine Image & Design/Kara Milianta in the event of a cancellation, or breach of contract. The CLIENT shall also be responsible for payment of any materials/charges incurred up to time of cancellation. The retainer shall be applied towards the total cost of the service to be rendered. Imagine Image & Design/Kara Milianta considers a session booked only upon receipt of payment and this signed contract. It reserves the right to book other clients for the desired session until all items are received. Rates are subject to change without notice. Clients will receive rates posted at time of booking.
The remaining balance will be due at the end of the photo session.
Rescheduling/Late Arrivals:
In the event that clients wish to reschedule a session, all amounts paid are NON-REFUNDABLE. In the event of postponement, notice must be given at least 24 hours prior to the scheduled time and must be rescheduled within 1 months of original shoot date. Please arrive on time for your session. We will only wait for you for 15 minutes and then we will consider you a no-show and your deposit will not be returned.
However, If you are more than 15 minutes late, but are still on your way and have notified me via phone or text, time will be taken from the top of the session. For example, you are scheduled for an hour session and show up 30 minutes late, you will have 30 minutes left of your session.
Location Details And Terms:
Please review the allotted time for each of the available sessions that we offer. Sessions may end at the discretion of Imagine Image & Design/Kara Milianta according to determination of having captured adequate images both in terms of quality and quantity. If the session ends prior to the stated time per session type, there will not be a refund or credit for unused time.
If Parent/Senior chooses to extend the time of their session during the session (will need to be in writing via text or email):
1. Parent must agree and understand that additional charges will apply at $300 per hour and/or bump up to the next package.
2. Additional amount will due at the end of the session.
3. If Parent is not in attendance at time of shoot, Senior will have to contact Parent, Parent must agree and send consent via text or email.
Sessions are scheduled on location and additional fees may apply for travel outside certain areas. Imagine Image & Design/Kara Milianta has the right to refuse a requested location for any reason.
Client Responsibility:
Legal Guardian/Senior has viewed Client Prep Cheat Sheet.
Tan lines are a distraction and take away from your photos. Use Sun Block every day. Don’t tan in the natural sun or tanning beds for an entire 2 weeks before your session. You could appear really red or even burn. I also do not recommend using Spray Tanning of any kind, it appears very orange in the images. Tan lines and skin color correction are not included in the complimentary retouching. Bra line removal is NOT included and will be charged additional fees to remove.
The client shall assist and cooperate with the photographer in obtaining the desired photographs, including but not limited to specifying person and/or scenes to be photographed; taking time to pose for photographs at the photographer's directions. Imagine Image & Design/Kara Milianta shall not be responsible for photographs not taken as a result of the client's failure to provide reasonable assistance or cooperation. If client is not cooperating session will end and money will not be refunded.
It is helpful to plan ahead and research different poses that you like. If you need some inspiration or help, click here. Try to practice at home in front of a mirror. Always think about the placement of your hands. If you are not comfortable, it will show in your photographs.
Client Ordering : Please contact me with any questions
Your ORDERING SESSION (if you choose to do this) will be scheduled within 2-4 weeks of your photo session date. An online gallery will be hosted for you to view images before ORDERING SESSION. All orders must be placed and paid in full at the ORDERING SESSION, so we asks that all decision makers be present at this appointment. Should you choose to email the photo print form, you should use the pose number of the photo that you want. This must be done by using computer. the numbers do not show up on mobile devices or tablets. If the numbers that are given to me are inaccurate because you counted on your smart phone, there will be a re-order fee of $50.00.
Payment of your portrait order is due in full when you place the order. All portraits will be ready for you approximately 4-6 weeks after payment is received. Specialty products such as albums and canvases may take up to 8 weeks. Ordered images are archived for one year while unordered images are purged six weeks after your session. Due to the nature of custom photography, all sales are final. Expedited shipping fee will apply.
Limit Of Liability:
In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents her from photographing the session, Imagine Image & Design/Kara Milianta will make every effort to reschedule the session. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for the session purchased. Imagine Image & Design/Kara Milianta takes the utmost care with respect to exposure, transportation, processing and archiving the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Imagine Image & Design/Kara Milianta's control, Imagine Image & Design/Kara Milianta's liability is limited to the return of all payments received for the portrait package. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Studio/Photographer fails to perform for any other reason, the Studio/Photographer shall not be liable for any amount in excess of the retail value of the Client's order.
Physical Liability:
Clients are responsible for their conduct at all times. Any breakage or damage to equipment or property at studio or on location is the sole financial responsibility of clients. Clients agree to hold Imagine Image & Design/Kara Milianta and its agents harmless for any injuries or damages sustained proceeding, during, and immediately following a session. In the event the Client’s behavior becomes abusive to Kara or a member of her team, Client will be asked to leave, session canceled and all payments forfeited to Imagine Image & Design/Kara Milianta.
Images And Copyright:
The photographs produced by Imagine Image & Design/Kara Milianta are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Imagine Image & Design/Kara Milianta explicitly written permission. Commercial use of images is strictly prohibited. Images may not be entered into any contest or submission without prior written authorization. Online images will be locked. Screen grab downloads, printing of digital images and scanning of prints for digital imagery use is illegal and punishable by law. Disks provided to Client with web sized watermarked images are not to be reproduced and are for displaying on social networking sites, email, and online forums only. Images are not to cropped or changed in any way and Watermarks are not to be cropped out unless payment is received to do so. You can find a copy of these laws and legal procedures online at www.copyright.gov.
Payment:
Cash, check or credit card are acceptable forms of payment. If paying by check, payment must clear before receiving final products or before booking is confirmed. If payment is returned for any reason a $45 NSF Fee will be applied to your account in addition to any fees applied by your bank and 10% interest will accrue after 30 days every month thereafter until the balance is paid in full. Client also understands that there is a $.45 per mile charge for any travel over 50 miles and an additional cost for some locations is to be paid within 30 days of session or there will be 10% interest applied to the account and no products will be delivered until it is paid in full. Yearbook images WILL NOT be sent to Yearbook Advisor until full payment has been made.
Inherent Qualities:
The Client understands that due to the inherent qualities of photographic dyes and materials, the photographs may fade or discolor over time. The Client agrees to release the photographer Kara Milianta from any liability for any claims based whatsoever upon fading or discoloration due to such inherent qualities. If during the session the available light is very low, the Client understands that high ISO settings must be used creating a pixelated or grainy effect in the photographs.
Pricing:
Price Guarantee: The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically. Prices are good from the date of booking of services through 30 days after the ordering session. After this period of time, all orders shall be charged at the prices in effect at the time the order is placed.
Pricing: Additional digital files, prints and products may be purchased separately from the chosen package. By signing this contract, client certifies that they have received and agree to the pricing system.
Sales Tax: All photographic services, fees, and products are subject to sales tax.
Creative License:
Images are edited at my discretion, and delivered prints will not include all images shot. I reserve the creative right to edit and release only those deemed creditable as professional in quality and within my artistic standards.
Products
Product Guarantee: Imagine Image & Design/Kara Milianta will make a good faith effort to achieve Client’s desired results. However, subjective opinions may not be satisfied or other issues may come up. Client acknowledges that Imagine Image & Design/Kara Milianta cannot and will not guarantee any particular results, including Client’s desired results.
Miscellany:
Any changes to this Agreement must be in writing and signed by both parties. This Agreement incorporates the entire understanding of the parties and is governed by the laws of the New York. By signing this contract the photographer and the client agree to all terms & conditions stated in this contract.