Terms and Conditions

Terms of Mutual Agreement For Mountain Mama Boudoir

1) DEFINITIONS:

a. “Photographer”: This agreement describes the type, nature, and duration of work to be performed by, and/or any agent(s) acting on behalf of, Sabrina Harrison Photography.

b. “Client”: Hereafter to be considered the person in entering agreement with Photographer

c. “Retainer”: A nonrefundable and nontransferable retainer serves two purposes; (1) it reserves the Photographer(s) for the Client’s portrait date and (2) when the final balance for services is due, as outlined in this document, its amount is applied towards the final balance.

d. “Product”: A printing medium (“print”, “lustre”, “canvas”, and similar), structure (“frame”, “block”, and similar), or digital file on which the Photographer’s image appears on or in and is delivered from the Photographer to the Client.

e. “Third Party Payor”: Person or entity who makes payment on behalf of the Client.

f. “Full Resolution”: The maximum number of pixels possible with the cameras used, excluding cropped images.

g. “Reproduction Rights”: The Client is granted the nontransferable privilege by the Photographer to copy or duplicate digital images received,

for personal use only, upon or within any medium, and without alteration (“Photoshop”, “edit”, “crop”, and similar). The Client shall not undertake in any Commercial Use of said images and is excluded from all moral rights to the digital images.

h. “Commercial Use”: Client shall not, under any circumstances, utilize any images captured by the Photographer that exchanges said images for monetary or other gain without expressed written permission from the Photographer. The Photographer retains all copyrights and moral rights to the digital images indefinitely.



2) ENTIRETY OF AGREEMENT AND SEVERABILITY: This contract supersedes all prior agreements, whether oral or written, between the parties. If any provision of this agreement is found to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this agreement shall remain valid and enforceable. The paragraph headings used in this agreement are inserted for convenience only and shall not affect the meaning or interpretation of this agreement. If the parties wish to waive or alter one provision of this agreement on this contract, and do so in writing, the other provisions shall remain unaffected.

3) PACKAGE AND PAYMENTS: Upon acceptance of the following terms and conditions set forth in this agreement, the Client shall remit payment to the Photographer. The Client’s portrait package includes, up to 2 hours of shooting time. The selected package price is $450, and this includes the Photographer’s time to prepare for, photograph, edit, and disseminate images from the Client’s session. Artwork is sold separately. With any print product the client shall receive a digital copy of the image, large enough to share on social media. The selected package price in this agreement is good for a period of 90 days from the date of receiving this contract. Client is fully responsible for any returned payment or applicable bank fees. The full package fee must be received along with this signed contract before the scheduled photo session. The Photographer is retained for the Client’s portrait session only when both the contract is signed and a nonrefundable retainer of $175 is received and processed. The remaining balance is due no later than 7 days before the actual portrait session. Failure to do so may result in a late payment fee of $50. Failure to provide payment within the stated time frames shall render this agreement null and void, and the Photographer shall not be obligated to provide services, products, or to return any monies to the Client. There is no penalty for early payment.

4) THIRD PARTY PAYOR: Any Third Party Payor shall not have any bearing, influence, or say to the provisions of photography for the portrait session or any other aspect of the provisions of photography outside of the portrait session as it pertains to the services provided by the Photographer to the Client. Any returned payment fees shall be the responsibility of the Client.

5) SERVICE TIMELINE AND ORDERING POLICY: After the Portrait Contract has been signed by both the Photographer and Client, the Client shall be provided with a signed copy. The parties shall mutually select a date and location for the portrait session. Client shall be provided an Outfit Guide and a Pre-Session Questionnaire prior to the portrait session. Edited images will be available no later than 30 days after the portrait session and will be presented in person with the client. Payment for any product(s) is due in full when the Client places the order. Products are priced from the Product Guide in effect at the time of this agreement. Prices are guaranteed for a period of 90 days following the date of the actual portrait session. Products purchased more than 90 days after the date of the actual portrait session will be priced from the most recent Product Guide in effect.

6) TRAVEL EXPENSES: Portrait Sessions located outside of Westminster may be assessed a travel fee of $0.65 per mile as determined by the round-trip distance between Westminster and the location of the portrait session. Non-Colorado portrait sessions may also be assessed a travel fee inclusive of reasonable airfare, lodging, and transportation.

7) QUALITY OF SERVICE: To obtain quality consistent with the Photographer’s brand, adequate time as recommended by the Photographer shall be allotted for artistic freedom and composition. The Photographer is not liable for acts of nature or natural phenomenon that might affect the quality or quantity of pictures. The Photographer is limited by the restrictions imposed by all policies at the portrait session location. All fees required to shoot at a portrait session location are the responsibility of the Client.

8) NON-GUARANTEE OF IMAGE DELIVERY: All decisions pertaining to culling, editing, and final image delivery shall be done at the sole discretion of the Photographer. The Photographer shall not guarantee delivery of any specific image, moment, or composition. It is possible that certain images may not adhere to the quality standards of the Photographer’s brand. If, for any reason, the Photographer deems an image unacceptable, there exists no obligation to deliver said image to the Client. The Photographer shall make a good faith effort to adhere to the Client’s requests as laid out in the Pre-Session Questionnaire. The Photographer is not liable for hindrances from photography caused by other persons, lighting, structures, or similar. The Photographer is not responsible for inclusion of persons who are not present or are uncooperative.

9) SOCIAL MEDIA AND SCREEN SHOTS: The Client agrees to not screen shot or save an images without purchasing or getting permission exclusively from the photographer. If the client shares an un-purchased screen shot image(s) on any social platform, the client agrees to pay for the full edited gallery ($1000). The Client understands and agrees that no alteration of final images delivered by the photographer is permitted (social media filters, iPhone filters, or use of any other photo editing software).

10) DIGITAL IMAGE DELIVERY AND ARCHIVAL: The Photographer will deliver printed products in person, or by mail if in person delivery is not feasible. The Photographer will deliver digital images via online gallery within 30 days of the artwork delivery date. The Photographer agrees to archive all edited digital images for a period of 1 year. The Client may contact the Photographer in writing within that year to purchase additional digital copies of these images for a fee of $75. After that period, the Photographer reserves the right to remove said images from storage, in part or in whole. The Photographer is not responsible for lost or failed media already delivered to the Client. The Client hereby acknowledges and agrees that there will be no raw images delivered due to the common law that states that photographers do not release raw images because of the creative ownership photographers hold.

11) UNLIMITED COPYRIGHT LICENSE AGREEMENT: The Photographer retains all copyrights and moral rights, including those not expressly granted in this agreement, to every photograph taken by the Photographer, indefinitely. The Photographer reserves the right to use any photograph for display, publication, promotion and advertising, or other purposes. The Client agrees to waive any right to examine or approve said photograph(s). The Client does however retain unlimited personal use of, including the right to share and print, all images delivered electronically by the Photographer. The Client agrees to waive all privacy or as otherwise provided by law.

12) PHOTOGRAPHER COPYRIGHT COMPLIANCE: The Photographer has no obligation to reproduce, mimic, or otherwise copy any existing photograph(s), digital image(s), composition(s), pose(s), editing style(s), or other copyrighted material(s) as governed by US Copyright Law, Title 17.

13) MODEL RELEASE: The Client agrees to grant the Photographer, Photographer’s studios, employees, legal representatives, licensees, and assignees, the irrevocable and unrestricted right to use and publish, with or without Client name(s), photographs herein described, in any and all forms and mediums and in all manners including composite images or digitally manipulated representations, of the portrait session for the purpose of publicity, illustration, commercial art, advertising, publishing, for any product or services, or other lawful uses as may be determined by the Photographer. Any images containing nudity will never be shared publicly, and only be shared in the portfolio of the photographer with expressed permission from the client. 

14) HARASSMENT: The Client hereby agrees to engage with the Photographer in an appropriate and civil manner. At no time and under no circumstance shall the Photographer tolerate abusive, violent, destructive, menacing, or harassing behavior from the Client and/or any agent or party acting on behalf of the Client. The Photographer reserves the right to terminate services immediately, without notifying the Client and without refund of monies paid.

15) RIGHT OF WITHDRAWAL: Prior to the portrait session, the Photographer reserves the right to withdraw from this contract should new information pertaining to the Client’s portrait session, changes to agreed circumstances, or other factors that circumvent this contract’s policies be discovered, including but not limited to: non-cooperation; changes in locations, facilities, or portrait session dates and times; and late payments. Should the Photographer initiate the withdrawal, any monies paid shall be returned excluding all the following: 1) the retainer paid to secure the Client’s portrait session date, 2) the fees for photography services already performed and billed at a rate of $25 per hour, and 3) the actual Client cost for any products already delivered and not paid for separately.

16) PORTRAIT SESSION CANCELLATION: Should the Client initiate cancellation of the portrait package, the package price is refundable minus the [deposit fee of $175/or/ retainer.] Any additional monies paid shall be returned excluding all the following: 1) the fees for photography services already performed and  at a rate of $75 per hour, and 2) the actual Client cost for any products already delivered and not paid for separately. Cancellation must be communicated in writing.

17) PHOTOGRAPHER CHOICE: The Client hereby acknowledges and agrees that the Photographer may modify, change, or alter such images without restriction. The Client understands that the images will be edited according to the Photographer's unique artistic vision and stylistic preferences, and that editing style is not grounds for rejection of images or any sort of refund of the session fee. The Client also understands that the photographer will not change the editing style upon any requests. All additional edit requests (blemish removal, black and white conversions, etc.) once gallery is delivered will incur additional fees at $75 an hour. The Photographer does not guarantee delivery of any specific poses, and will edit the images the Photographer feels best represents the session.

18) LIMITS OF LIABILITY: Should a situation occur where the Photographer is unable to photograph the Client’s portrait session, and a photographer with similar skill is not available, liability to the Photographer is limited up to the return of the selected package price. In the event of catastrophic equipment failure or loss beyond the control of the Photographer or photographers resulting in a loss of digital images, liability to the Photographer is limited up to the return of the selected package price. The Photographer is not responsible or liable for delay caused by other participants, theft, fire, traffic, terrorism, and/or acts of nature. The Photographer is not responsible or liable for accidents arising from or relating to the providing of photographic services. The Client understands that there may be a limited amount of risk involved in the photographic session that is beyond the Photographer's control (including but not limited to: stairs, slippery terrain, ticks, snakes, and other insects, environmental allergens, etc.). The Client understands and agrees that any accidental injury or harm incurred by the Client is not grounds for any action, proceeding, or complaint against the Photographer in any court of law, state or local, or before any administrative body.

19) PHOTOGRAPHER INDEMNIFICATION: The Client hereby agrees to indemnify the Photographer any and all of in the following circumstances: 1) actions of the Client, any agent, or party acting on behalf of the Client, that results in the Photographer’s equipment being damaged or otherwise rendered inoperable; 2) actions of the Client, any agent, or party acting on behalf of the Client, that results in the Photographer being harmed or injured; 3) any unintentional harm or injury caused by the Photographer or Photographer’s equipment; and 4) any Client requests that may violate law or ordinance unknown to the Photographer.

20) DISPUTE RESOLUTION: If there is a dispute regarding any provision in this agreement, the parties agree that all disputes shall be resolved through binding arbitration. A panel of three arbiters shall be selected, one by each party and the third by agreement of the party-appointed arbiters. Arbitration will take place in Jefferson County, Colorado and shall be governed by Colorado statutes and other applicable Colorado law. The decision of the arbiters shall be binding and conclusive as to all disputes and as to all parties to this agreement.

21) CHOICE OF LAW: It is agreed that the laws of the State of Colorado shall govern this agreement.