Terms and Conditions

BOOKING CONTRACT

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This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at the following time and place. LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY and CLIENT are to arrive for the SHOOT at at the agreed upon time and location decided at booking. LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY agrees to provide the amount of photos agreed upon at booking, and is not required to provide more than this number of images. LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY will perform basic post-processing or digital image editing services on these photos where artistically necessary.

 

Fees:

In consideration for the photography services provided by LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY, CLIENT agrees to pay LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY a non-refundable initial payment totaling 25% of the total price of the photography services (or 100% of the total price for special offers, model calls and themed mini-sessions) upon signing this contract. The initial payment reserves the photographer’s time and is not a retainer or deposit. LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT. The balance of the payment for photography services must be paid in full 48 hours prior to the date and time of the scheduled shoot. No services will be rendered without full payment. If CLIENT is purchasing additional photos separately after the SHOOT, payment for those photos is due at the time of ordering.

 

Work Product

LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY will deliver proofs of photos to CLIENT no more than thirty days (30 days) after the date of the SHOOT. CLIENT understands and agrees that proofs are the exclusive property of LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY and CLIENT has no right to these photos except for a license to review them, but not store the proofs. All photos delivered to CLIENT thereafter are licensed for CLIENT’S personal use only. CLIENT understands and agrees that prints take longer for delivery. LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY must deliver photos in a reasonable amount of time after the CLIENT has made a final order.

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Indemnification:

4.1 - LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY and CLIENT agree that LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.

 

4.2 - If LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY will return in full all payments made by CLIENT to LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY in relation to this SHOOT.

 

4.3 - CLIENT agrees to indemnify and hold harmless LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY for any liability, damage, or loss related to technological failure, including data loss.

 

4.4 - CLIENT understands and agrees that LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to CLIENT.

 

4.5 – CLIENT agrees to hold LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY harmless for any personal injury which may occur as the CLIENT poses or works with LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY.

 

4.6 – LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.

 

Duty of Client

CLIENT will obtain all permissions necessary for LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY to photograph at the SHOOT. LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.

 

Exclusive Photographer

CLIENT agrees and understands that no other party other than LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY may take pictures of any poses, lighting situations, or setups made by the photographer (This includes cell phone photos). This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY or take pictures in these situations.

 

Model Release

CLIENT grants permission to LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY and its assigns, licensees, and sublicenses, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY may use CLIENT’S likeness and image on LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY’S website or other advertising. LYNDSEY SUTTON / LYNDSEY LOU PHOTOGRAPHY may sell photos containing CLIENT’S likeness to third parties.

 

Cancellation, Rescheduling or Late arrivals

If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT. In the event that the CLIENT must reschedule, 72 hour notice is required and shoot must rescheduled for a date within (30) thirty days from the original shoot date. Initial payment may only be transferred due to rescheduling (1) one time. Additional reschedules or failure to give 72 hour notice will result in your shoot being cancelled and additional payment will be required for rebooking. Model calls and themed mini- sessions will be detailed in the next paragraph. If CLIENT is more than 15 minutes late to the scheduled shoot, the shoot will be canceled. Photoshoots will end at the designated time regardless of start time. If shoot can not be performed due to inclement weather, LYNDSEY LOU / LYNDSEY LOU PHOTOGRPAHY may reschedule the shoot for a date within (30) thirty days of the original shoot with no additional fees. The initial payment will not be returned to CLIENT.

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Mini sessions / Model calls

If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT. In the event that the CLIENT must reschedule, 72 hour notice is required and shoot must rescheduled for a date within (30) thirty days from the original shoot date. Reschedule date and location is at the photographer discretion and may differ from original booking. Initial payment may only be transferred due to rescheduling (1) one time.  Additional reschedules or failure to give 72 hour notice will result in your shoot being cancelled and additional payment will be required for rebooking. If CLIENT can not make it to their session, Client is able to allow someone else of their choosing to take their spot. If CLIENT is allowing someone else to take their spot, CLIENT must notify Lyndsey Lou Photography of these changes prior to the session date. If CLIENT is more than 10 minutes late to the scheduled shoot, the shoot will be canceled. Photoshoots will end at the designated time regardless of start time. If shoot can not be performed due to inclement weather, Lyndsey Lou Photography will reschedule the shoot for a date within (30) thirty days of the original shoot with no additional fees. The initial payment WILL NOT be returned to CLIENT.

 

BY BOOKING YOUR SESSION, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THE CONTRACT ABOVE.