DECLARATION & RELEASE FORM
This Contract is in place to explain the details of a Photography Session with Cheeky Eye Candy and to make sure that I can meet your expectations. You are required to complete, E-sign and submit the bottom section.
Entire Agreement: This Agreement contains the entire understanding between Cheeky Eye Candy Photography and the CLIENT. It supersedes all prior and simultaneous agreements.
Reservation: A signed contract is required to proceed with your scheduled session. Must be signed prior to your session.
Non Refundable Retainer/Session Fees: A Non Refundable Retainer is required to reserve your scheduled session and is NON-Refundable if original agreed time and date isn’t fulfilled . However, the above stated retainer will be included to the total cost of your session fess. Session Fees are due on the day of session via CASH ONLY!. No CHECKS!
Finalizing Bill: Payment in full must be settled with photographer before final product and print release is released.
Packages: Client understands that each session has a package allocated to it. Client will receive a certain amount of images with the package, client has the option to purchase as many additional images as they wish, this is done via the online gallery.
Miscellaneous: This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties.
Sneak Peek Image: Image/s from session MAY be posted on Facebook as a sneak peek. Client is welcome to ‘share’ image by using share button the same day it’s posted. Client agrees to wait 24 hours before they make the sneak peek image their profile or cover picture. Client agrees to support Cheeky Eye Candy by letting the sneak peek image get some love, likes and comments. Welcome client to comment on sneak before you share!
Limits of liability: Photographer reserves the right to reschedule due to illness, weather, equipment malfunction or other circumstances beyond their control. If the photographer cannot perform this contact due to fire or other casualty, strike, act of god or other cause beyond the control of the parties or due to the photographer’s illness, emergency, and photographer is unable to reschedule the session, then the photographer shall return any deposit or session fee to the client but shall have no further liability with respect to the contract. 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. In the event the photographer fails to perform for any reason, the photographer shall not be liable for any amount in excess of the deposit posted, session fee or print order.
Cheeky Eye Candy assumes no responsibility of liability for any ‘perils of nature’ to include but not limited to bug bites, wildlife bites, issues with water. sand etc. Bring BUG SPRAY and SUNSCREEN.
Safety: Client is responsible for their own safety/actions and that of their children while on location and in studio of the portrait session. Photographer is NOT responsible for any liability, accidents, illnesses, damage or loss to person or property that may result from the session. Clients are responsible for any damages their children cause to props, backdrops or lighting. Client will be billed full purchase price to replace any damaged items. Children must be supervised.
Allergy Waiver: Client will not hold Sonia Castleman from Cheeky Eye Candy Photography responsible for any allergy related issues that may occur due to exposure to different props such as, faux fur, paper/vinyl/wood backdrops, fabrics, cake, etc. If client/s have severe allergies either relating to food or textiles, please alert your photographer at booking.
Copyrights: Client hereby gives Sonia Castleman from Cheeky Eye Candy Photography and affiliates, the irrevocable right to use my photographs in all forms of media and in all manners, including electronic media, for advertising, or any lawful purposes. I waive any right to inspect or approve the finished product. I give full consent to all photos being taken today.
Client has permission to order prints, create photo cards & gifts from the images contained on the disc for PERSONAL USE ONLY from the photo lab of their choice. Photographer is NOT responsible for the quality of print/gifts/canvas purchased from any lab that is not photographer’s professional lab of choice. Client will not sell prints or digital files for profit. Client will not alter or crop any photograph containing the Cheeky Eye Candy Photography watermark. It is illegal to copy or reproduce these photographs elsewhere without photographer’s permission. Client will not print any image containing the Cheeky Eye Candy Photography logo including sneak peeks without photographer’s permission.
I acknowledge that it is a violation of Copyright Laws to edit, distort or by any way change the original photo taken by photographer. I understand that I am NOT allow to re-edit or alter my photos in any way. This includes Instagram filters or other altering apps.
Facebook & Web Sharing Policy: It is a breach of this agreement to display the images on social networking sites (Facebook.com, Twitter.com, Instragram.com etc) without crediting Cheeky Eye Candy Photography. If displayed on social networking sites:
Client agrees to: Give Photo Credit: www.facebook.com/cheekyeyecandy when you upload your images to Facebook OR the Web.
** Please help protect the integrity of my work and the safety of your memories **
Raw/Unedited Images: Under NO CIRCUMSTANCES will Cheeky Eye Candy Photography give CLIENT any RAW OR UNEDIT images. It’s an unfinished product!
Customizable options: Client has three options for final delivery, digital download, keepsake disc or USB keepsake upgrade.
These images will have received a basic edit process to correct color balance, enhance color and contrast. The client understands that the photographer may choose to change color to black and white; photographer aim’s to achieve the best end result found suitable.
Final Images/edits: In the unlikely event you are not happy with your overall final images or edits, you will be required to pay for another photo shoot. No exceptions!
Non- Guarantee: Although every possible care will be taken to produce photographs of all important and special events during session, Cheeky Eye Candy Photography can not place an unconditional guarantee and will not be held responsible for any ruined photographs due to lighting, harsh sun, guest (or any other) flashes; or any other ruined photographs due to any other causes in or outside photographers control.
Editing Request: Simple fixes such as crops and blemish removal may be completed at photographer’s discretion. More extensive retouching can be requested at a fee of $25.00 an hour, 1 hour minimum.
Cooperation : Client understands that children can be unpredictable. Number of images taken during session all depends on how settled & cooperative the party is. NO re-shoot or refund will be given for lack of cooperation which is out of photographers control.
Photographer is not responsible for poor choices of clothing, make up, hair, weather related issues or children’s behavior.
Late Policy: In the event that the client is late to their session, no extra time will be given. Cheeky Eye Candy will not be held liable for images not taken due to clients tardiness. Deposit is automatically forfeited should a client fail to show for a scheduled photo session. Client will be considered a “No-Show” after 15 minutes.
Turnaround time: Client can expect the final product to take up to 3 weeks from image selection, unless an expedited fee of $35 is paid for an express order (turn-around 1 week) Weddings will take up to 6 weeks, expedite fee $100. Welcome to pay for this special request at time of session.
Archival of Images: Edited images will be archived/stored for a total of 3 months from session date then purged from hard-drive. Photographer will not be held responsible if file is deleted from computer without notice. Retrieval fee of $30 to re-open your session applies if file is still obtainable. Save final file within 24 hours to your desktop!
Every effort is made to secure equipment back-up, however due to the unreliability of digital equipment, data loss can occur at any time; except as explained herein, photographer shall not be liable for any loss of digital data whatsoever.
Online Proofing Gallery: Proofing gallery will be live for 5 days after such time, the gallery will expire automatically and will no longer be accessible by client. I love to stay on top of my work, faster you submit, faster I can get it back!
Termination: Cheeky Eye Candy Photography reserves the right to terminate the relationship between themselves and the client should the photographer feel threatened or harassed in any way. Termination will not result in any refunds of any kind. Any sort of slander of any kind on social media or other will be subject to litigation.
Cell devices/Cameras/video recorders: While your session is taking place you may not use your cell phone, personal camera, or video to take pictures or record any of your session. However you may use your personal cell to make outgoing or accept incoming calls ONLY. The Photographer of Cheeky Eye Candy can and will stop and terminate session if you use any of the above devices to take pictures/videos of your session taking place without permission. I appreciate you’ve hired me to capture images for you!
While working with Cheeky Eye Candy Photography, in studio or outdoors, you voluntarily assume all risks related to exposure to Covid-19. Each person who enters studio must sanitize hands, including children and remove shoes!
I/we have read the terms and conditions and agree to book the photographic services of Cheeky Eye Candy Photography and realize that this contract becomes effective immediately.
CLIENT CONTRACT – E-SIGN