1. PAYMENT TERMS:
- A deposit of 50% and a signed copy of the agreement are required to reserve a session date. The remaining balance of the session fee is due on the day of the session.
- Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the session agreement by the Client, the amounts paid are non-refundable. In any case, Priyanka Modh photography liability does not exceed what you paid and can be reimbursed through photography only.
- 24 hours notice of postponements is appreciated. However, if it is under 24 hours, or you have to cancel at the last minute, a 3000/- reschedule fee will apply to secure the next booking.
- Priyanka Modh Photography, reserves the right to reschedule any session at any point in time due to COVID-19 implemented regulations, health concerns, possible exposure, or arising symptoms of COVID-19.
3. COOPERATION/NO SHOWS:
- The photographer is not responsible if the Client and/or key individuals fail to appear or cooperate during sessions. If the Client and/or key individuals fail to appear at a scheduled session, the deposit is non-refundable.
The Client shall maintain control of other subjects including siblings. It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the baby’s immediate area. The Client shall provide all necessary controls over additional subjects.
5. FAILURE TO PERFORM:
- If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, the act of God, or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited. In any case, Priyanka Modh photography liability does not exceed what you paid and can be reimbursed through photography only.
6. PHOTOGRAPHIC EQUIPMENT:
- Cameras, mobile phone cameras, and camcorders are not permitted during any session, in-studio, or on location.
7. FAMILY & FRIENDS DURING A SESSION:
- I ask that a maximum of 2 adults (parents) come to the photoshoot.
- PriyankaModh Photography reserves a right to cancel your session on the day if there are more than 2 adults attending without any prior approval.
8. EDITING PROCESS:
- Standard retouching. The skin may be smoothened to look soft.
- Not included:
- complex retouching: hair color changes or adjustments, extreme scarring, laugh lines, nail color/filing, body-shaping, background replacement, or photo manipulation. - Photographs will be edited as per our style.
9. DELIVERY TIME:
- 1 month from the date of your selection to process your photos. Delay in selection will cause a delay in the delivery of final data.
10. DIGITAL NEGATIVES, PRINTS & COPYRIGHT:
- Priyanka Modh Photography by Priyanka Modh the copyright on all images and reserves the right to use the images for advertising, display, publication, social media, and/or other purposes for her portfolio.
- The client signing this agreement warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the photographer in the event of litigation arising out of such use.
- Digital files and previews remain the exclusive property of Priyanka Modh Photography by Priyanka Modh.
- Under no circumstances, can a client use these images for profit. The client may print (on their own) their personal photographs.
- You can send the images that we photograph to agencies to promote your child, commercial endeavors, professional display, or in competition. In such a scenario you will need to sign a release with the agency that such photos will not be published without our logo and proper photo credit. A copy of this release must also be sent to us.
- The digital files remain the sole property of the Photographer and will never be given or sold.
11. LOGO POLICY:
- Photos for print will be provided without any logo.
- Photos for sharing online will have our logo within the digital photograph.
- The logo position can not be chosen by clients and neither will the position be changed.
- In-session [low-resolution, 1080 pixels, 72 dpi] photographs will have the watermark.
- The watermark position can not be chosen by clients and neither will the position be changed.
12. PHOTOGRAPHS USAGE:
- Client can publish photos on the Internet which are provided with our logo.
- If our logo is placed on your photo, you cannot remove, manipulate, or crop the photograph to remove, blur, or alter our logo.
- High-resolution photographs are provided to the client for future print-only publishing on the Internet is prohibited.
- In-session [low-resolution, 1080 pixels, 72 dpi] photographs are provided to the client only for the editing selection publishing on the Internet is prohibited.
- Proper photo credit is required when photos are published on the Internet by any third party.
(Instagram page, publishing on various Instagram pages, commercial endeavors, professional display, or in competition)
- Photo credit: “artist's name/ company name /Facebook Page / INSTAGRAM PAGE or Website should be tagged or mentioned along with the photograph”
- Violating any of the above-mentioned points may lead to legal action.
13. STORAGE OF DIGITAL FILES AND PRINTS:
- Priyanka Modh Photography reserves the right after a period of 1 month from the Client's session date to delete all or any images. After receiving purchased images Priyanka Modh Photography will no longer be responsible for storing Clients' image files. After receiving the DVD it is the client's responsibility to check the images. After 1 month it is no longer Priyanka Modh's Photography responsibility. Please make sure that you make multiple copies on your computer, cloud, or any other storage.
14. LIMIT OF LIABILITY:
- I take the utmost care with respect to the exposure and retouching of digital captures. However, in the unlikely event that all the originals are lost, stolen, damaged, or destroyed within or beyond Photographer’s control, Photographer’s liability is limited scheduled the session at no additional cost. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. The client is aware if they choose to print their images through a personally chosen lab that the quality of the end result print of the digital files delivered is not under the control of the photographer, and frees Priyanka Modh Photography by Priyanka from any liability for any potential claims whatsoever based upon discoloration in the end result. Priyanka Modh Photography by Priyanka is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.