Fall Themed Session Portrait Contract and Model Release

Fall Themed Session Contract and Model Release
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Please make sure to name your referee, so that they get their credit.
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Legal I do hereby give ShutterFlutter Photography and Art, his or her assigns, licensees, successors in interest, legal representatives, and heirs the irrevocable right to use my name (or any fictional name), picture, portrait, or photograph in all forms and in all media and in all manners, without any restriction as to changes or alterations (including but not limited to composite or distorted representations or derivative works made in any medium) for advertising, trade, promotion, exhibition, web content, or any other lawful purposes, and I waive any right to inspect or approve the photograph(s) or finished version(s) incorporating the photograph(s), including written copy that may be created and appear in connection therewith. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph.

I hereby release and agree to hold harmless ShutterFlutter Photography and Art, his or her assigns, licensees, successors in interest, legal representatives and heirs from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of the photographs, or in any processing tending toward the completion of the finished product, unless it can be shown that they and the publication thereof were maliciously caused, produced, and published solely for the purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn, and indignity. I understand and agree that these materials will become the property of ShutterFlutter Photography and Art and will not be returned.

I agree that ShutterFlutter Photography and Art owns the copyright in these photographs and I hereby waive any claims I may have based on any usage of the photographs or works derived therefrom, including but not limited to claims for either invasion of privacy or libel.

Your digital signature confirms your agreement to the model release.
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All images taken at your session are copyrighted by ShutterFlutter Photography and are protected by Federal Copyright Law. It is therefore unlawful to reproduce their work in any manner without written permission from ShutterFlutter Photography. Reproduction includes, but is not limited to, scanning, downloading, right-clicking, e-mailing, saving to hard-drive, posting on websites or blogs, photocopying, printing screen shots, or printing images in any manner. Please respect ShutterFlutter Photography livelihood and the care and attention paid to each of your images by adhering to copyright laws. Thank you.

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The signing of this contract states the CLIENT'S understanding that it is their choice to participate in these photos, and the client will not hold studio responsible for any negative actions or feelings that may commence due to the images of this shoot. The client states that they are 18 years or older. If the client is not 18 years or older, they understand a parent or legal guardian is required to sign this contract.

***IF YOU ARE UNDER 18 YEARS OF AGE, YOUR PARENT OR GUARDIAN MUST SIGN THIS CONTRACT!***

SESSION FEE/NON-REFUNDABLE RETAINER Fees covers the photographers time and talent. It does not include prints, products or digital files unless noted.

BOOKING PROCESS Both an executed contract and a NON-REFUNDABLE RETAINER equal to $20 is required to reserve the portrait photography services detailed in this contract. The proposed contract will expire one (1) day from the date it is prepared if the non-refundable retainer and signed contract are not received. Portrait photography services are reserved on a first-come, first served basis. Therefore at the time the contract is signed and the non-refundable retainer is paid, Laurie’s ShutterFlutter Photography will reserve the date and time agreed upon for CLIENT {first} and will not make another reservation for the date and time agreed upon. For this reason, all retainers are non-refundable, even if the date and/or time is changed or if the CLIENT cancels this contract.

NON-REFUNDABLE RETAINER CLIENT understands that the Retainer is Non-Refundable, even if the date and/or time is changed (unless due to weather, or illness with a 24 hour notice) or if the CLIENT cancels this contract.

PAYMENT TERMS CLIENT agrees to pay Laurie’s ShutterFlutter Photography a retainer at the time of booking to secure their appointment date and time. The NON-REFUNDABLE RETAINER shall be applied to the total fees owed to Laurie’s ShutterFlutter Photography, provided that neither the portrait session nor the contract is canceled. The remaining balance owed, if any, to Laurie’s ShutterFlutter Photography is due on the day of the portrait session. Cash Only for the exact amount. The fee covers the time and talent of photographer, and does not include digital or print products unless noted. Laurie’s ShutterFlutter Photography accepts payment via Paypal through the Client Portal or cash. No photography will take place and no rights are granted until the retainer is paid in full. Returned checks incur a service fee of $25. All retainers and fees are subject to Minnesota sales tax.

PRINT/ORDER CREDIT Any and all print credits or pre-session purchase of packages or products are not redeemable for cash.

MILEAGE If the CLIENT’S session is less than 20 miles outside of Lester Prairie MN, CLIENT shall not incur any travel fees. If the CLIENT’S session is in excess of 20 miles outside of Lester Prairie, MN, where Laurie’s ShutterFlutter Photography will be driving to CLIENT’S session, CLIENT shall be invoiced $10 per hour, round trip, for every hour of travel time in excess of the first hour. If the CLIENT’S session is in excess of 20 miles outside of Lester Prairie, MN, where Laurie’s ShutterFlutter Photography will be flying to CLIENT’S session, CLIENT’S shall receive a custom travel invoice from Laurie’s ShutterFlutter Photography, and CLIENT shall be responsible for Laurie’s ShutterFlutter Photography travel costs, including but not limited to airline reservations, hotel reservations, local transportation, and a per diem food stipend.

LOCATION ACCESS, FEES, PERMITS + HOUSE RULES If CLIENT wants to shoot at a location that charges for access or requires permits, CLIENT shall be responsible for all fees associated with shooting there, including but not limited to entrance fees and parking. CLIENT shall also be responsible for organizing access to the location and any permits required for doing so. Laurie’s ShutterFlutter Photography is limited by the guidelines of the location. CLIENT shall be responsible for negotiating deviations from the house rules.

TIME MANAGEMENT If CLIENT has more then one location their session, the travel time going from destination A to destination B so forth does count towards the total amount of session time. The same applies for outfit changes: changing from one outfit to another does count towards the total amount of the session time. The client is responsible for providing any personal props or outfits that are to be used within the session. Studio will not be held responsible for additional sessions needed due to forgotten items.

TERMINATION BY CLIENT CLIENT may terminate this agreement if notice of such termination is given to Laurie’s ShutterFlutter Photography in the following manner: CLIENTS must send notification in writing, signed by the contracted party, via Certified Mail by the United States Post Office, at a minimum or at least 12 days prior to the original session date, to Laurie’s ShutterFlutter Photography at 27 Juniper Street North, Lester Prairie, MN 55354, or email Laurie’s ShutterFlutter Photography at info@LauriesShutterFlutter.com. Laurie’s ShutterFlutter Photography will also send an electronic cancellation agreement to CLIENTS, which must be signed by CLIENTS. This is the method of cancellation agreed upon by all signing parties and the only method of cancellation that will be accepted. In the event of cancellation by CLIENT, Laurie’s ShutterFlutter Photography shall retain CLIENT’s non-refundable retainer as liquidated damages, this contract shall be canceled, and both parties shall be relieved from further obligation and liability.

TERMINATION BY LAURIE’S SHUTTERFLUTTER PHOTOGRAPHY Laurie’s ShutterFlutter Photography may terminate this agreement if such notice is given to CLIENT in the following manner: Laurie’s ShutterFlutter Photography must send notification in writing, signed by Laurie Ford, via Certified Mail by the United States Post Office or an email to {email listed above} prior to the original session date, to CLIENTS at {address listed above}. Laurie’s ShutterFlutter Photography will also send an electronic cancellation agreement to CLIENTS, which must be signed by CLIENTS. This is the method of cancellation agreed upon by all signing parties and the only method of cancellation that will be accepted. Laurie’s ShutterFlutter Photography shall refund all monies paid to CLIENT. At the time the cancellation notice is received by CLIENT via Certified Mail and any refund owed to CLIENT from Laurie’s ShutterFlutter Photography has been received by CLIENT, this contract shall be canceled, and both parties shall be relieved from further obligation and liability.

ACTION CAUSING CONTRACT TO BECOME VOID In the event that the contract has become void due to CLIENT action as detailed in this contract under the SESSION RESCHEDULING provision of this contract, Laurie’s ShutterFlutter Photography shall be relieved from further obligation and liability and shall retain CLIENT’S non-refundable retainer as liquidated damages, and CLIENT shall be held liable for the payment of the cancellation fees up to the time of the action causing the contract to become void, in excess of the non-refundable retainer. In the event that the balance due under this section is not paid by CLIENT, Laurie’s ShutterFlutter Photography may charge a $5.00 (USD) per day late fee on CLIENT’S balance until the balance is paid in full. If the balance is not paid after 30 days, Laurie’s ShutterFlutter Photography may send CLIENT’S account to collections.

CANCELLATIONS Because of the nature of themed sessions, reschedules are based on availability, Laurie’s ShutterFlutter Photography can not guarantee there will be an open time slot. If CLIENT cancels, CLIENT forfeits entire retainer fee. 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.

LATE ARRIVAL/NO SHOW CLIENT acknowledges that he/she must arrive on time to her scheduled portrait session start time. If CLIENT is late to her scheduled start time, time will not be extended or rescheduled. Refunds are not available for portrait sessions cut short or entirely missed due to CLIENT’S late arrival. If CLIENT does not show up for session, or does not give proper notice, CLIENT forfeits entire retainer fee. Any other fees/purchases paid in full will forfeit fee and a 3% transaction fee on the total amount. Reschedules are based on availability, Laurie’s ShutterFlutter Photography can not guarantee there will be an open time slot.

FAILURE TO PERFORM. If ShutterFlutter Photography cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then ShutterFlutter Photography shall return the deposit to the CLIENT but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of ShutterFlutter Photography. In the event the Photographer fails to perform for any other reason, ShutterFlutter Photography shall not be liable for any amount in excess of the retail value of the Client’s order.

WEATHER LIMITATIONS FOR PORTRAIT SESSIONS CLIENT recognize that Laurie’s ShutterFlutter Photography may shoot outdoors for her portrait sessions. Therefore, Laurie’s ShutterFlutter Photography reserves the exclusive right to reschedule her portrait sessions due to weather conditions. Laurie’s ShutterFlutter Photography will notify the client via phone if the session needs to be rescheduled due to weather conditions, including but not limited to rain, wind, snow, dust, extreme temperatures, etc. If you can not be reached by phone, you will be notified via email.

If the CLIENT has been contacted and advised to reschedule due to the photographer’s concerns about weather, and the CLIENT still proceeds with the session and it rains, limiting the time and or photos that were able to be taken, the CLIENT will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos. Due to photography equipment, it is up to the photographer’s discretion if bad weather persists to cancel the session, during the session.

If the CLIENT has been contacted and advised to reschedule due to the photographer’s concerns about weather, and the client decides to go ahead and reschedule, the CLIENT will not be charged to do so. The CLIENTwill then be put on first alert for their session and able to have their session even on non-session days.

EXPLAINATION OF THE TERM FAMILY It is understood that the term “Family” consist of the Nuclear family only. (Mom, Dad, and depended children.)

EXCLUSIVITY It is understood and agreed that no other photographer will be allowed to photograph or take pictures during the Session while Photographer is working, unless otherwise agreed by the parties in writing. This restriction applies to CLIENT and any associates of CLIENT and includes cell-phone cameras, computer cameras, and their equivalents.

COOPERATION CLIENT agrees to cheerful cooperation and communication leading up to and at the portrait session. Laurie’s ShutterFlutter Photography does not warrant that it will provide specific images and shall not be liable if CLIENT and/or key individuals fail to appear or cooperate during the portrait session. In the event that CLIENT asks Laurie’s ShutterFlutter Photography to stop photographing for reasons including but not limited to weather, dress malfunction, tardiness, or any situation out of her control, Laurie’s ShutterFlutter Photography shall not be liable for images not taken that would normally have been taken during that time. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, and hinders Photographer’s ability to obtain quality shots.

In the instance of a person/child that is unwilling to be photographs, the photographer may make the call to end the session. Photographer is not responsible for the expressions of children or adults and re-shoots/re-edits will not be given for unfavorable expressions. Refunds will not be issued in the even that a person/child is uncooperative/abusive/aggressive or rude, disrupting the photographic process or service. The session will be terminated immediately and no re-booking or refunds will be provided if adults/children are unsafe or destructive with equipment or props.

APPEARANCE In the event that the client would like additional photos due to appearance out of our control (hair/makeup, etc.) in the previous session, the client will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos.

RE-SHOOTS Re-shoots are not available for themed sessions. In the unlikely event that CLIENT is completely dissatisfied with the final results, all monies paid will be refunded and the CLIENT will not retain any of the images. Refunds will not be given for poor choices of clothing, make-up, hair or by not following the recommendations of the photographer. Refunds will not be given if digital images have been downloaded. The Photographer will still have all rights to the Images of the session as set forth in this Agreement.

ARTISTIC STYLE On CLIENT’S own behalf, and on behalf of the subject(s): CLIENT acknowledges that Laurie’s ShutterFlutter Photography requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.); that CLIENT are familiar with the Photographer’s portfolio and is requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the Photographer in the past; and that in creating the images, the Photographer shall use her personal artistic judgment to create images consistent with her personal vision of the session, which vision may be different from CLIENT and /or the Subject’s vision of the session. Accordingly, CLIENT acknowledge that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance. Laurie’s ShutterFlutter Photography images involve digital enhancement, as part of this process color, hue and saturation are adapted to create our style. Color is a subjective medium and thereof as creators of such images you agree to accept our judgment on the creative aspects of color and its use in producing your print(s). We are unable to match the exact color of any item of clothing or object. In the event that reprints are done we cannot guarantee exact color matching to your original print.

PINTEREST, SOCIAL MEDIA, ETC If CLIENT brings ideas off of Pinterest or other Social media, etc, Laurie’s ShutterFlutter Photography does not guaranteed your final image will look like said pinned (screen shoot) image. No specific pose or shot will be promised or guaranteed. Laurie’s ShutterFlutter Photography will try to interrupt the image with Laurie’s ShutterFlutter Photography’s personal style.

CULLING After the portrait session, each image is put through a careful selection process, where Laurie’s ShutterFlutter Photography selects images that meet her high standards of quality. Images with eyes closed, out of focus, unflattering poses, and duplicate images are removed permanently immediately after Laurie’s ShutterFlutter Photography completes this culling process. CLIENT acknowledges that Laurie’s ShutterFlutter Photography retains complete control over the culling and editing process.

EDITING and RETOUCHING All images that are printed through Laurie’s ShutterFlutter Photography are retouched to Laurie’s ShutterFlutter Photography’s complete discretion. Laurie’s ShutterFlutter Photography includes global retouching on all proof images. Laurie’s ShutterFlutter Photography includes Standard retouching on all delivered images. Basic retouching includes global corrections such as color, contrast, cropping and exposure adjustments. Standard retouching, include on all print orders and HiRz digital images, includes removal of light blemishes, eye enhancements, and light complexion enhancements. Upon request the following retouching is included at no charge: removal of scratches, small cuts, and bruises; lighten under eye shadows; and removal of moles and scars. Complex types of retouching will need to be ordered at additional cost. Examples of this are such things as artist enhancements, selective color, removing braces, excessive acne, rashes, removing objects, removing glass glare, etc. Complex retouching is done at a rate of $30 (thirty dollars USD) per hour per round of revisions. Laurie’s ShutterFlutter Photography also retains complete control over which images are delivered in color and which images are delivered in black and white. Photographer has the right to refuse any requested edits to the images. Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards. Image enhancement is done at the discretion of ShutterFlutter Photography. If you would like particular things altered on your chosen image(s) you must state this when ordering. Failure to do so will result in extra cost.

CROPPING Cropping (the image appearance in your chosen print size) is a creative decision and will always be thoroughly considered with every individual image. Cropping may vary slightly from your original screen preview due to the size and format you have chosen for your final pictures.

ADDITIONAL IMAGES/RAW IMAGES Laurie’s ShutterFlutter Photography does not guarantee a portrait minimum number of images in CLIENT’S final portfolio. Under no circumstance will Laurie’s ShutterFlutter Photography release RAW images to CLIENT. Laurie’s ShutterFlutter Photography selects the best representation of the images taken at the session for the CLIENT portfolio, and all other images are deleted during the culling process; therefore, no additional images can or will be released to CLIENT .

ARCHIVAL OF IMAGES Laurie’s ShutterFlutter Photography will kept images on file for 30 days following the date of your session. Print ordered images will remain on file for one year from the date of the portrait session. Additional orders may be placed during this time. A $20 fee is required to reinstate the gallery (if applicable) for a 7-day time period or an one hour order meeting with Photograher. Unordered images will be purged after 60 days from the date of the first viewing. After 60 days, if an order has not been placed, your images will be purged, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion.

If purchasing digital images, Laurie’s ShutterFlutter Photography deletes all RAW images upon delivery of the final JPEG files to CLIENT. Once Laurie’s ShutterFlutter Photography delivers the final JPEGs to CLIENT. CLIENT accepts all responsibility for archiving and protecting their digital image purchase. Laurie’s ShutterFlutter Photography does not permanently archive image files.

If CLIENT has chosen to not have images displayed, all files will be purged, after order is placed. Laurie's ShutterFlutter Photography will not archive these images.

CLIENT’S ORIGINALS If the CLIENT is providing original prints, negatives, or transparencies owned by the CLIENT to ShutterFlutter Photography for duplication, framing, reference, or any other purpose, in the event of loss or damage ShutterFlutter Photography shall not be liable for any dollar amount.

INDEPENDENT CONTRACTOR This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.

IRREVOCABLE MODEL RELEASE CLIENT must execute the model release in order to book a session with Laurie’s ShutterFlutter Photography, even if CLIENT elects to not to allow Laurie’s ShutterFlutter Photography to share images under the PRIVACY clause.

CLIENT’S USAGE. The Client is obtaining prints or digital negatives, for personal use only, and shall not sell said prints or digital negatives, or authorize any reproductions thereof by parties other than the ShutterFlutter Photography. You cannot sell the images, distribute the images for profit, change or manipulate the images, other than choosing printing options such as black and white (standard cropping allowed), license the images to a third party (this includes photo contests). Commercial use of these photos is prohibited.

In the event that these photos will be published, sold for profit or used within marketing materials, the client must obtain written permission from -- and compensate studio -- prior to the release. An additional contract will be needed at that time.

LIABILITY ShutterFlutter Photography endeavors to ensure the safety of its customers, we do not accept any responsibility for loss or injury during sessions etc. Photographer 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. By signing this form, where children (under 18) are present the accompanying adult(s) must accept full responsibility.

EXHIBITION Requests for photographic images to be used by Laurie’s ShutterFlutter Photography may be requested at a future time. CLIENT grants Laurie’s ShutterFlutter Photography permission to display selected images resulting from this assignment as an example of Laurie’s ShutterFlutter Photography’s work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.

If CLIENT’S photo is requested to be used in any print or online publication, they will discuss this with Laurie’s ShutterFlutter Photography. Laurie’s ShutterFlutter Photography grants client limited rights to use the images in marketing materials with specifications that “Photo by Laurie’s ShutterFlutter Photography” is listed on the image/article. If client requests to use the image in the distribution of products such as but are not limited to posters, clothing, etc., a 5% compensation rate of the total number of sales will apply unless otherwise agreed upon in writing.

LIMIT OF LIABILITY Laurie’s ShutterFlutter Photography represents that reasonable care is taken with respect to capturing, developing, processing, transporting, storing and delivery of CLIENT images. However, in the event that Laurie’s ShutterFlutter Photography fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of Laurie’s ShutterFlutter Photography control (including if originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control) or Laurie’s ShutterFlutter Photography own negligence, Laurie’s ShutterFlutter Photography’s liability shall be limited to a refund of all payments made by CLIENT. The limit of liability for a partial loss of original images shall be a prorated amount of the exposures lost based on the percentage of total number of original images. If there is a failure to capture certain images that CLIENT requested or that were discussed at the consultation, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to CLIENT and Laurie’s ShutterFlutter Photography shall not be liable for the same. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Laurie’s ShutterFlutter Photography will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, responsibility and liability is limited to the return of all payments received. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

INDEMNIFICATION To the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold harmless Laurie’s ShutterFlutter Photography, including its trustees, officers, members, directors, employees, servants and agents, against loss, damages, claims, suits, liabilities, judgments, costs and expenses without limitation, all reasonable attorneys’ fees and expenses that may accrue against the indemnified party, including its trustees, officers, members, directors, employees, servants and agents which is approximately caused by the negligence or willful misconduct or any breach of representation arising from conduct, management or performance of any activities by CLIENT, CLIENT guests, CLIENT agents, or by any of CLIENT vendors. In the event any such claim is made, and upon notice from Laurie’s ShutterFlutter Photography, CLIENT agrees to reimburse Laurie’s ShutterFlutter Photography for the cost of defending such an action or proceeding, using counsel satisfactory to Laurie’s ShutterFlutter Photography. This provision shall survive the termination of this agreement.

TERMS OF SALE PHOTOGRAPHER’S STANDARD PRICE LIST. Prices are subject to change at any time and are locked in at time of booking and good for 30 days after your session. Prices subject to current local and state sales tax.

ONLINE GALLERY If an online gallery is presented, it will be active for 7 days. All orders need to be made prior to the expiration of your gallery. No exceptions. All discounts end on the expiration of your gallery. There is a $20 fee to reactivate your gallery after your 7-day period, this activation is good for an additional 7 days. Galleries that are reactivated, are reactivated at the Photographers Standard price list. After 60 days, if an order has not been placed and paid for, your images will be purged. Ordered images are archived for 1 year.

PRINTS AND PRODUCTS ORDERED THROUGH YOUR ONLINE GALLERY These Terms of Sale are applicable to your purchase of any Photos, Prints, Canvases, Albums and/or other Products with Laurie’s ShutterFlutter Photography. Other than as specifically provided in any separate written agreement between you and Laurie’s ShutterFlutter Photography, these Terms of Sale may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale will control. Laurie’s ShutterFlutter Photography facilitates your purchase of Photos, Prints, Canvases, Albums and/or other Products through its relationship with outside vendors. If you purchase Photos, Prints, Canvases, Albums and/or other Products, you acknowledge that the printing of any Photos or creates of other physical medium Products is performed by such vendors and Laurie’s ShutterFlutter Photography’s role is to assist, facilitate and support such order process pursuant to these Terms of Sale.

PAYMENT TERMS In order to purchase Products through Laurie’s ShutterFlutter Photography, you are required to provide valid Payment Information. Laurie’s ShutterFlutter Photography may terminate your order for Products if we are unable to process your Payment Information and you do not provide an alternative form of payment upon our request. You agree to reimburse Laurie’s ShutterFlutter Photography for any and all costs incurred in collecting amounts owed by you to Laurie’s ShutterFlutter Photography or one of our outside vendors, including, without limitation, attorneys’ fees and costs of collection agencies. You are responsible for any taxes that you are obligated to pay or that Laurie’s ShutterFlutter Photography may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Laurie’s ShutterFlutter Photography reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, Laurie’s ShutterFlutter Photography may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.

PAYMENT FOR PRODUCTS Full payment for prints or other products must be made at time of order. Work will not commence until payment has been received. You have 72 hours after payment is made, to cancel your order. After the 72 hour time period, no refunds will be given. There is a 3% transaction fee on the total purchase amount for all products purchased through Paypal or a credit card and canceled within the 72 hour time period. After 72 hours, ALL SALES ARE FINAL. NO EXCEPTIONS. We accept credit cards through PayPal, cash, or checks made payable to Laurie’s Shutter Flutter Photography.

PAYMENT STIPULATIONS There is a $25 fee for any returned checks. In the event of a previous returned check by client, studio reserves the right to refuse payment of checks in the future, in which case cash, money order, cashier’s check, and debit/credit will be accepted.

DIGITAL FILES Digital files are generally delivered two to four weeks after CLIENT’S order has been paid in full. All purchased digital images include a print release to print the images at any lab of your choosing. Laurie’s ShutterFlutter Photography cannot guarantee the print quality of the lab you choose. If printed at a consumer lab, photos may not print as originally intended/showcased by the photographer. Please note that Laurie’s ShutterFlutter Photography is calibrated for print at our selected professional lab. Digital images purchased by the Client still remain the property of Laurie’s ShutterFlutter Photography and may not be altered in any way, shape of form, including but not limited to editing the overall style of image, color/contrast/exposure changes, cropping portions of the images, adding objects/persons/graphics and deleting objects/persons/graphics. Digital images purchased by the client may not be shared with other persons and may not be resold. Violators of this Federal Law will be subject to its civil and criminal penalties.

DIGITAL DOWNLOADS; SHIPPING TERMS AND POLICIES If you purchase Digital Downloads or it was included in your contract, such download will be made available to you upon Laurie’s ShutterFlutter Photography’s receipt of your valid Payment Information. If you purchase Photo Prints, Canvases, Albums or other physical medium Products, Laurie’s ShutterFlutter Photography will use its commercially reasonable efforts (and our outside vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. Most Products have a TEN BUSINESS DAY LEAD TIME before they will be ready to ship to you or be ready to be picked up. Laurie’s ShutterFlutter Photography is not responsible for any delays in shipping. Laurie’s ShutterFlutter Photography or our outside vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are your responsibility. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, Laurie’s ShutterFlutter Photography will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. Laurie’s ShutterFlutter Photography is not responsible for items lost by the United States Postal Service/UPS/Fed Ex or invalid addresses on order forms.

PRINT QUALITY Print surfaces may vary depending on the size and number of print(s) requested i.e. matte, glossy, lustre papers. Please note that canvas prints have natural surface imperfections and color reproduction is slightly different to the results you would achieve on photographic paper. Laurie’s ShutterFlutter Photography does not guarantee quality on reprints if you choose not to print with ShutterFlutter Photography.

DAMAGE Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt. Photographer is not responsible for orders not picked up within 30 days.

INHERENT QUALITIES Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. The Client is responsible for protecting and caring for his/her printed and/or digital products. ShutterFlutter Photography is not responsible for any damaged products after successful delivery of said products.

REFUND POLICY Due to the nature of custom photography, all sales are final. NO EXCEPTIONS. In the event that a product is defective, we will gladly accept the return of any physical Product within ten (10) days of your receipt of the Product. Upon completion of the return procedure and receipt of the returned Product, we will replace the Product. Refunds are not available for Products that are not in a physical medium form (i.e., a digital download). To request a refund please contact Laurie’s ShutterFlutter Photography at info@lauriesshutterflutter.com within 10 days of receipt. Please do not contact your credit card company to dispute a charge before contacting us.

PRODUCT AVAILABILITY AND PRICING Laurie’s ShutterFlutter Photography or our outside Vendors may revise or discontinue Product options at any time without prior notice, and Products may be come unavailable even after an order is placed. All prices are subject to change without notice.

PRODUCT DESCRIPTIONS; PRICING; ERRORS Laurie’s ShutterFlutter Photography strives to maintain accurate information in the online gallery and to eliminate any errors. However, we do not warrant that Product descriptions, Photos, Prints, Canvases, Albums and/or other Product pricing or other Studio Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color and/or brightness, please note that the actual color and/or brightness you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors. Laurie’s ShutterFlutter Photography or our outside vendors reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by Laurie’s ShutterFlutter Photography is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within ten (10) days of receipt. In the event of an error, whether contained in the Services, in an order confirmation, in processing and order or otherwise, Laurie’s ShutterFlutter Photography reserves the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.

COMPLETION SCHEDULE Due to the nature of these sessions, completion and product delivery time may vary. Normal turn around time is 2-4 weeks for prints and digital files, 4-6 weeks for Folios, 8-16 weeks for Albums. During holidays these times may be extended. Custom designs will need to have the final design approved by Client before they can be ordered. Laurie’s ShutterFlutter Photography is not responsible for miss deadlines because CLIENT has not provided approval in a timely manner.

ENTIRE AGREEMENT This document contains the entire agreement and full understanding between Laurie’s ShutterFlutter Photography and CLIENT. It supersedes all prior and contemporaneous agreement between the parties. Any modifications to the agreement shall be made in writing and signed by all parties.

MISCELLANEOUS TERMS Failure by Laurie’s ShutterFlutter Photography to exercise any provision, right or portion of this agreement or enforce any portion of this agreement shall not be deemed a waiver of any right contained in this agreement. - The agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. - Any such suit shall be filed in Wright County, Minnesota. - No party may assign this contract without all other parties’ written permission. - If one clause of this agreement is found to be invalid, illegal, or unenforceable, the parties desire that the remainder of the agreement, other than the provision determined to be unenforceable, remain in full force and effect. - If there is a conflict between the provisions of this agreement and any other agreement, the provisions of this agreement will control.

Once you submit your information you will be directed to the booking calendar. In order to secure your date and time I must receive your non-refundable fee.