maternity and newborn Documentary session Contract


This contract ensures that all parties, both Hand and Arrow Photography Co. and the Client, have reached an understanding and agreement as to the obligations, expectations and legal requirements of their professional relationship.


Maternity Session (session #1)

Date of Session(s): Saturday, April 7th

Session Time: 1:30pm

Session Location: Ott's Exotic Plants: 861 Gravel Pike, Schwenksville, PA 19473

What's included:
(1) Session up to 1-hours
(2) Online Gallery of 35 - 50 delivered images
(3) Print Release

Total payment of $212.00 is due on day of event via check made out to Hand and Arrow Photography Co.


Newborn Documentary Session (session #2)

Date of Session: Saturday, July 7th

Session Time: TBD

Session Location: TBD

What's included:
(1) Session up to 2-hours
(2) Online Gallery of 35 - 50 delivered images
(3) Print Release

Total payment of $212.00 is due on day of event via check made out to Hand and Arrow Photography Co.

Name of Responsible Party: *
Name of Responsible Party:
Address *
Address
Please provide current living address.
Phone Number: *
Phone Number:
Signing Date: *
Signing Date:
Please sign below to confirm you have read, understood and agreed to the above and below sections of this contract

Payment. The “Client” agrees to pay Hand and Arrow Photography Co. two (2) payments of $212.00 in the form of a check due on each scheduled session dates in consideration for the photography services to be rendered by Hand and Arrow Photography Co..

Copyright. Except as noted below, all photographs created by Hand and Arrow Photography Co. are copyright protected. It is a violation of federal copyright law to reprint, duplicate, digitally reproduce, copy, scan, or alter (digitally or otherwise), without Hand and Arrow Photography Co.’s express written permission. Hand and Arrow Photography Co. owns the copyright to all of the images received from my wedding and engagement session(s). I will be granted a print release for personal use of my images, however they may not be edited or altered in any way. Any commercial use of the images would constitute an infringement of US Copyright Law (USC Title 17), for which fines begin at $50,000.

Artistic Release

Style. Client has spent a satisfactory amount of time reviewing Hand and Arrow Photography Co.’s work and has a reasonable expectation that Vendor will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency. Hand and Arrow Photography Co. will use reasonable efforts to ensure "Client's" desired Services are produced in a style and manner consistent with Hand and Arrow Photography Co.'s current portfolio and Vendor will try to incorporate any reasonable suggestion made by "Client". However, "Client" understands and agrees that:

  1. Every client is different, with different tastes, budgets, and needs;
  2. Photography services are often a subjective art and Hand and Arrow Photography Co. has a unique vision, with an ever-evolving style and technique;
  3. Hand and Arrow Photography Co. will use its artistic judgment when providing Services for "Client"
  4. Although Hand and Arrow Photography Co. will use reasonable efforts to incorporate "Client’s" suggestions and desires when providing "Client" with the Services, Hand and Arrow Photography Co. shall have final say regarding the aesthetic judgment and artistic quality of the Services;
  5. Dissatisfaction with Hand and Arrow Photography Co.'s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Limits of liability. While every reasonable effort will be made to produce and deliver outstanding photographs during the session(s), the entire liability of Hand and Arrow Photography Co. to the “Client” for any claim or loss arising from our performance is limited to a refund to the “Client” of the amount paid for services. Because Maternity and Documentary Newborn Sessions are uncontrolled events, Hand and Arrow Photography Co. cannot guarantee delivery of any specifically requested image(s). 

Default. The occurrence of any of the following shall constitute a material default under this Contract:

  1. The failure to make a required payment when due.
  2. The insolvency or bankruptcy of either party.
  3. The failure to make available or deliver the Services in the time and manner provided for in this Contract.

Remedies. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

Force Majeure. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations give the other party reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The tern Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or causes by such party, or its employees, officers, agents, or affiliates.

Assumption of Risk. Hand and Arrow Photography Co. 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.

Re-shoots / Refunds. Re-shoots are determined at the discretion of Hand and Arrow Photography Co. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer. Due to the custom nature of the services being provided, there are no refunds or returns. 

Entire Contract. This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

Severability. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Amendment. This Contract may be modified or amended in writing, if the writing is signed by both parties obligated under the amendment.

Governing Law. This Contract shall be governed by the laws of the Commonwealth of Pennsylvania.

Notice. Any notice or communication required or permitted under this contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the optioning paragraph or to such other address as one party may have furnished to the other in writing.

Waiver of Contractual Right. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

Assignment. Neither party may assign or transfer this Contract without the prior written consent of the non-assignment party, which approval shall not be unreasonably withheld.

Model release. Hand and Arrow Photography Co. may only make reproductions for the Client or for Hand and Arrow Photography Co. portfolio, samples, website, social media or other self-promotions, or for professional competition and review. We will not make reproductions for other use without first obtaining written permission from you. This Agreement incorporates the entire understanding of the Parties, and the Parties agree to all its terms, and acknowledge receipt of a completed copy of the Agreement signed by all Parties. Any modifications of this Agreement must be in writing and signed by all parties. Each person signing as “Client(s)” below will be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement. By signing this Agreement, we confirm that we agree to all terms and conditions outlined in this Agreement.

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

By having signed this Agreement above, we confirm that we agree to all terms and conditions outlined in this Agreement.