Standard Contract Details

I love what I do. I find that in the process of photography, we become friends and I want that relationship to continue, because I love photographing with and for friends. But friends need to be careful when they enter a business relationship, so that the friendship can be preserved. I do this by working as efficiently as I can, including providing your images quickly and trying new things with my photography when they fit your hopes for our session. I hope you’ll understand how the following requirements assist in that process.

We begin with a consultation by phone to set the details of your photography session. We’ll discuss location, clothing choices, and photography styles in this initial conversation. Part of the discussion will be how you’ll pay for your session. I can take payment via PayPal before the session or cash/check on the day of the session (checks are made out to Gray Havens Photography). After we talk about your photography session and what you’d like, I will send you a confirmation email with the details we discussed written out for your review.  If you’re paying via PayPal, the email will contain a link so that you can pay for your session.

Your customized contract, with your session details added, will be sent by email attachment after our initial phone conversation. The following are the standard items that are included in the contract.

In the following agreement, “you” means you as the person who hired me, and “I” or “me” means Gray Havens Photography, including any of its employees, agents, consultants, or partners, as the photographer you hired.

Images are purchased at a Reveal appointment. During the weeks after your photography session, I will be working on preparing your photos for you. When they are complete, we will have a “Reveal” where you can view all of the finished images. These images are available for purchase only and you will receive the print and its digital copy for each image you buy. Image prices vary by size of the image. The Reveal appointment gives you the opportunity to select the images you would like to have from your session. Your Session Fee is applied as a credit toward your images.

Referrals. If any of the photos that you post on social media result in a booking with me or if you refer someone to me, you will receive a discount your next photography session with me. Please be sure that the person who contacts me lets me know that you referred them.

Refunds. I would like to work with you so that you have a great experience AND great photography. If you are unsatisfied, I ask that you are specific about the problems you are experiencing so that I can improve my service to others.

  • Your Session Fee will be returned if I have to miss a photoshoot for any reason, including illness, emergency, fire, casualty, strike, act of God, or causes beyond my control. Weather (rain or wind) is the most common reason to miss a shoot.
  • If my quality standards are not met (focus, lighting, posing), we may re-schedule a shoot for you at no cost or your Session Fee will be returned.
  • If you miss a session and do not contact me at least one hour before the session, your money can be returned less a $25 fee. This is because I likely went to the location and waited for you there and my time has value.
  • If you miss a session without contacting me first and would like to re-schedule, a $25 fee will be assessed to re-schedule and hold your new time.
  • If you run into problems and need to cancel, you will need to call me (not text) to let me know at least one hour before the session begins. Please be aware that if we are shooting in a location that may not have cell service, this will be noted in your contract and the time that you have to contact me to cancel may be increased.
  • Once you have received your images, our transaction is considered complete and no refunds can be given.

Late Policy. Your session time is specific; please be prompt. This is crucial because good photography happens in good light and you won’t have as many good photos to choose from if the light is fading during your session.

  • If you are more than 15 minutes late, you may be asked to reschedule (if I have another session after yours or if you are up against sunset) or you will have your session time reduced by the total amount of time that you are late.
  • I will only wait at a location for 20 minutes without contact from you. This includes areas where there is no cell service. You’ll need to contact me an hour before the session if you need to change the session.

Session Happiness. Photographing children can be a bit tricky due to so many factors that you and I can’t predict. I will do my very best to get the look you want from your children, but I am not responsible for children who are uncooperative, especially in group pictures. In individual photography, if what we’re doing is not working, I reserve the right to change what we’re doing to produce better expressions. That might mean changing a formal session to something considerably more casual.

Because I photograph families, I understand that many times other children will be present even though I’m just working with one. You are responsible to ensure that your children do not play with my equipment. Any damaged equipment or props will be your responsibility to replace. I may also withhold your photos until damaged items have been replaced.

Editing. Extensive editing (face swaps, clothing changes, removal/addition of people, etc.) are not a service I can offer at this time. The editing consists of minor color corrections, cropping, removing blemishes, etc. The photos you receive will have been edited for my photography style and cropped to best showcase YOU, but that doesn’t always mean that I have the crop right for the print you want. If you decide you need a different crop for a photo, please let me know and I will try to work with you to get you what you need.

Model Release. You grant me, my assigns, licensees, and sublicensees, permission to use your image or likeness in any and all forms of media for commercial purposes. This includes using your image or likeness on my website or in other advertising. If you object to this release, please discuss this with me in our initial phone call.

Indemnification. You agree that there are a few things I am not responsible for:
(i) while I will do my best to capture moments and photos that will please you, I am not required to cater to your specific aesthetic preferences. I have my own style and will stay true to it;
(ii) I am under no obligation to keep original images or copies of photos from the session after they are delivered to you;
(iii) your safety during the session shoot is always a top priority, but accidents can happen. I cannot be liable for any personal injury that may occur to you during the session, and you agree to indemnify, defend, and hold me harmless for any such personal injury.

Liability Limitation. If you take any action against me for any claims, losses, expenses, injuries, or damages of any kind arising out of or any way related to this agreement or the photography services I provide, whether in contract, tort, negligence, or otherwise, you agree that the maximum liability I will owe to you related to such claims will not exceed the amount of money you paid to me for photography services.

Copyright & Reproduction Rights. I retain the full title and copyright of all images and photos I produce. However, upon completion of the session and delivery of the images and photos to you, I grant you a license to use them for any personal, non-commercial purpose. I will also provide you with a written Print Release that you may present to professional print vendors when ordering prints, if needed.

Sessions I will not provide. I will not do sessions that involve anyone in underwear or other similar scanty clothing, including swimming suits (unless the wearer is actively in the pool). I do not do boudoir sessions. I will not do sessions that involve a same-sex relationship.

Miscellaneous. You are hiring me as an independent contractor. This agreement shall be governed by the laws of the State of Utah. If either of us brings legal action against the other to interpret or enforce this agreement or to collect damages for breach of this agreement, the prevailing party shall be recover reasonable attorneys fees and costs. These written terms represent the entire understanding of the agreement between us and any modifications to these terms must be done in writing and signed by both parties.

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