Photo Session Contract
This agreement is made between the Client, whose name and contact information will be typed below by the client, and Sarah Roselynn Photo.
All photographs will be shot exclusively on film (35mm and/or Super 8). No digital photos will be taken or delivered unless explicitly stated otherwise in writing.
Film photos will be delivered as high-resolution JPEG scans via a private online gallery. Clients will receive printing rights for all delivered images. Due to the analog nature of film processing and lab development, photo delivery timelines may vary slightly. The online gallery will be delivered within 20 days from the shoot date for standard sessions. Wedding galleries will be delivered within 4–6 weeks.
1. Retainer and Payment
Upon your signature, Sarah Roselynn Photo will reserve the time and date agreed upon, and will not make other reservations for that time and date. The Client shall make a 50% retainer to the Photographer to perform the services specified herein upon the contract signing date to reserve their shoot date. Upon payment, Photographer will reserve the time and date agreed upon by both parties exclusively for you. The full amount of the selected collection must be paid on the day of the event in full. No services will be made until full payment is made. No photos shall be released until full payment is made.
2. Film Photography Disclaimer
Client understands and agrees that all images are created on traditional film (35mm and/or Super 8) and developed through a third-party professional lab. Film is a delicate, analog medium subject to unpredictable factors such as camera malfunction, lab processing errors, or film stock issues. In rare cases, this may result in partial or total image loss, such as blank rolls or unscannable negatives.
To help reduce this risk, Sarah Roselynn Photo shoots each session on two separate cameras when possible. This redundancy increases the likelihood of successful image capture. However, by signing this agreement, the Client acknowledges the inherent unpredictability of film photography and accepts the possibility of imperfections or loss due to factors outside of the Photographer's control.
In the rare event that film rolls are compromised and no usable images are captured, a reshoot may be offered at no additional charge. The reshoot will be scheduled at a mutually agreed-upon time and location, and the original session’s retainer will apply to the reshoot. Client understands that reshoots are only available for issues directly caused by errors with the film process, and not for personal preferences, timing, or other unforeseen circumstances.
No refunds will be offered due to film-related imperfections, but I will work with you to ensure that we capture the moments in the best way possible. By signing this agreement, the Client acknowledges the risks of working with film and agrees that no reshoot will be available for reasons outside of the aforementioned circumstances.
3. Cancellation
If client requests to cancel this agreement, the retainer shall be applied to a mutually agreed upon reschedule date. If Client cancels this agreement or fails to show, at least 2 weeks prior to the date of the event, all payments made to Sarah Roselynn Photo shall be forfeited. Client understands and agrees that Photographer will not book other sessions or weddings during this time. In the event that Client cancels the session or fails to attend the Session Date for any reason, Photographer shall suffer losses that are difficult to ascertain. Retainer will NOT be refunded due to client’s error.
4. Rescheduling/Late Arrivals
In the event that the Client requests to reschedule their session, the retainer shall be applied to a rescheduled session if notice is given at least 2 weeks prior to scheduled event. Reschedule must be within the same calendar year. A new retainer will be made if date change is made past the end of the year before original agreed upon session date. Any Client that is late arriving to the session will have the amount of time allotted for session.
5. Artistic Rights
The photographer retains the right of discretion in selecting the photographic materials released to the client.
6. Photographic Materials
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The photographer shall make gallery proofs available through WeTransfer these proofs shall be available to the Client within 20 days of the session. When the online proofing gallery is delivered, it shall remain open for 6 days from delivery date.
7. Copyright and Reproductions
The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.
8. Client’s Usage
The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use, or authorize any reproductions by parties other than the photographer. The Client must act in accordance with this release.
9. Social Media
The Client may share blog post links, Instagram posts, and Facebook albums through use of the share functions and dissemination of direct links or in any other fashion the photographer provides. Client shall not copy, screenshot, or capture the photographs in any other fashion (ex. Saving or screenshotting on Facebook/Instagram).
10. Capturing Desired Photographs
It is recommended that the client(s) develop a list of desired poses, locations and subjects (family and friends; items; etc.) and share this with the photographer 2 weeks before the session if desired. The Photographer will NOT be held accountable for not capturing desired photographs if there is no one to assist in identifying or gathering people/items/locations for the photograph(s). The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Sarah Roselynn Photo is not responsible for key individuals’ failure to be present or to cooperate during photography session, neither for missed images due to details not revealed to Sarah Roselynn Photo.
11. Sole Photography
It is understood that Sarah Roselynn Photo will act as the sole and exclusive photographer. Sarah Roselynn Photo reserves the right to bring one assistant (second shooter) at their discretion.
12. Failure to Perform
If the Photographer is unable to perform this agreement due to illness, emergency, fire casualty, strike, unsafe environment, threat, or causes beyond the control of the Photographer, the Photographer will not be held liable for missing scheduled session coverage. Photographer will arrive to the session at the best of their abilities. If coverage and photographic services cannot be fulfilled by Sarah Roselynn Photo or a replacement chosen at the discretion of the Photographer, Photographer shall return the retainer to the client and shall have no further liability. Further, 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. The limit of liability shall not exceed the contract price stated herein. Sarah Roselynn Photo will not be held responsible for any ruined photographs due to any cause in or outside Sarah Roselynn Photo’s control.
13. Substitute Photographer
The Photographer reserves the right to substitute with another photographer in the case of failure to perform as stated above. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
14. Photographer’s Standard Price List
The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
15. Limitation of Complaint
Client will have 7 days after gallery delivery to make Sarah Roselynn Photo aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to wedding day coverage. After this 7-day term has expired, Sarah Roselynn Photo will no longer be liable to client for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made if deemed appropriate by Sarah Roselynn Photo.
16. Indemnification
The photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.
17. Miscellany
This agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
To confirm your booking and acknowledge acceptance of this contract, please sign, date, and submit to Sarah Roselynn Photo. It is recommended you print a copy for your records.