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Contract For Services

CONTRACT FOR PHOTOGRAPHY SERVICES

This Photography Services Agreement ("Agreement") is made between The Captured Company ("Photographer") and the undersigned client ("Client"). By Submitting a "booking request" both parties agree to the following terms:

 

1. COPYRIGHT AND USAGE RIGHTS

Unless otherwise specified, all rights to proofs, final, or sample prints remain the property of The Captured Company. Client(s) may use delivered images for personal enjoyment only and may not use them for advertising, resale, or commercial purposes without written permission.

The Captured Company retains the right to use images for portfolio, website, social media, and promotional purposes unless the Client submits a written request otherwise. The Client may specify below whether to allow use of their images:

  • Yes, the photographer may use my images for promotional purposes.
     

  • Yes, but please cover or blur minors’ faces.
     

  • No, I do not consent to promotional use.
     

 

2. LIMITATION OF LIABILITY

If the Photographer cannot perform this Agreement in whole or in part due to circumstances beyond their control (including illness, injury, weather, or equipment failure), The Captured Company will refund all fees paid but shall have no further liability. This Agreement supersedes all prior negotiations or understandings.

 

3. WAIVER AND INDEMNIFICATION

Client and its agents, family members, and assignees shall indemnify and hold harmless The Captured Company and Sabrina Alfonsa Niemi from all claims, damages, or losses arising out of performance of the services under this Agreement, except in cases of intentional or illegal acts.

 

4. PAYMENT AND DEPOSITS

A 50% non-refundable deposit is required upon signing this Agreement to secure the session date and time. The remaining balance is due  48 hours prior to the session.

Accepted payment methods: Cash, Venmo, or Check.
All prices are subject to applicable sales tax.

No photography, proofs, or image rights will be released until full payment is received.

 

5. CANCELLATIONS AND REFUNDS

  • Deposits are non-refundable under all circumstances, including rescheduling or cancellation by the Client.
     

  • If the Client cancels within 48 hours of the scheduled session, They will NOT be required to pay the rest of the session.

  • If a client is dissatisfied with their final photos due to an error on the Photographer’s part, they may request a re-shoot or 50% refund within 5 business days of receiving images. The Photographer will determine eligibility.
     

  • Refund requests submitted after 5 business days will not be accepted.
     

 

6. SESSION TIME AND CLIENT RESPONSIBILITIES

Sessions begin at the agreed-upon time. The Client must arrive on time and dressed in their first outfit. Late arrivals will reduce shooting time or incur additional charges under “Extra Time.” Friends and family are welcome if they do not interfere with the session. Any group or family photos must be discussed and approved in advance.

 

7. EXTRA TIME

Extra time caused by lateness, retouching, or special requests beyond the contracted scope will be billed at $50 per hour. The Captured Company may choose whether to provide such additional services. Payment may be required before delivery.

 

8. COLORING AND RETOUCHING

Basic retouching includes removal of blemishes and light skin smoothing. It does not include body reshaping, wardrobe fixes, makeup alterations, or object removal/addition. Additional retouching requests may incur extra fees.

 

9. APPEARANCE AND PERSONAL ITEMS

The Photographer is not responsible for the Client’s appearance, styling, clothing, or makeup. Clients are responsible for ensuring they are photo-ready. The Photographer is not liable for lost, damaged, or altered personal belongings.

 

10. WEATHER, LOCATION, AND TRAVEL

Sessions may be rescheduled due to weather or personal reasons if scheduling allows. Locations within 15 minutes of Marquette City are included; travel beyond that may incur additional fees. Any permit or entry fees are the Client’s responsibility.

 

11. CLIENT COOPERATION

Final results depend on the Client’s cooperation and willingness during the session. The Photographer is not responsible for missed shots or suboptimal results due to lack of cooperation, tardiness, or refusal to follow direction.

 

12. DELIVERY AND FILES

Clients will receive digital photos within four to six weeks after their session via email or USB. Delivery delays caused by illness, technical issues, or other unforeseen circumstances will be communicated promptly.

Clients may not alter, filter, or apply edits to delivered photos. Watermarks will not appear on final images.

 

13. EXCLUSIVITY

No other photographers are permitted to photograph during the session or event. Guests may take photos using mobile devices so long as they do not interfere with the Photographer’s work.

 

14. PICKUP OF PHYSICAL ITEMS

If applicable, clients must schedule pickup of prints or USBs within one week of notification that items are ready. Delayed pickups may result in additional storage fees or disposal.

 

15. ENTIRE AGREEMENT

This Agreement contains the entire understanding between the parties and supersedes all prior agreements. Any modifications must be made in writing and signed by both parties.

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