ENTIRE AGREEMENT

This Agreement contains the entire understanding between the PHOTOGRAPHER and the CLIENT. It supersedes all prior and simultaneous Agreements between the parties. The only way to add or change this Agreement is to do so in writing, signed by all parties. If any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any Agreement to waive one or more provisions of this Agreement or any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

RETAINERS AND RESERVED TIME

CLIENT understands that 50% of their retainer must be received upon booking their session. CLIENT understands that the retainer is non-refundable and goes towards their remaining balance. CLIENT’S session date is not officially reserved with De’Mariah Newsome Photography unless their retainer has been paid and this contract has been signed. Dates and times are limited and come on a first come, first serve basis. Therefore as a courtesy to all clients, dates cannot be held. Upon receipt of the retainer, the PHOTOGRAPHER agrees to reserve the time and date agreed upon and will make no other commitments for that date and time.

CLIENT understands that the remaining balance of the retainer must be paid before their session commences. CLIENT understands that photographs from the session will not be presented or edited until payment is received.

RESCHEDULING / CANCELLATIONS & “NO-SHOWS” POLICY

CLIENT must notify the PHOTOGRAPHER at least 48 hours in advance if the SESSION has to be rescheduled. CLIENT has the ability to reschedule one (1) time, free of charge. Any additional request to reschedule will forfeit the previous retainer and a new retainer must be paid to reserve the new date. Should the SESSION be rescheduled the first time, the retainer paid may be applied towards a new date within 30 days based on the PHOTOGRAPHER’S availability. If CLIENT can not or does not reschedule within 30 days, CLIENT will lose the retainer and must redo the booking process. When the SESSION is rescheduled the first time, CLIENT agrees to give the PHOTOGRAPHER first opportunity to provide photography services under the same terms and conditions.

Rescheduling due to weather will be determined by the PHOTOGRAPHER. If the PHOTOGRAPHER feels rescheduling is necessary, CLIENT will be contacted with a list of available dates and times to choose from.

If the SESSION is cancelled, or the CLIENT does not show up to the scheduled SESSION, NO refunds of any monies will be given and the SESSION will NOT be rescheduled. The total monies are paid by the CLIENT to the PHOTOGRAPHER as liquidated damages. PHOTOGRAPHER reserves the right to not schedule any future appointments with CLIENT if SESSION is cancelled or if the CLIENT is a “no-show.”

FORCE MAJEURE

Should the SESSION be postponed as a result of wars, revolution, acts of enemies, strikes, floods, fires, power failures, acts of God such as weather-related emergencies, serious illness or injury of either party, or any other cause not under the direct control of either party to this Agreement, PHOTOGRAPHER and CLIENT shall make every attempt to reschedule the SESSION. If a reschedule is unable to be agreed upon, PHOTOGRAPHER shall return any monies paid to the CLIENT and shall have no further liability with respect to this Agreement, unless traveling is involved. If traveling is involved, NO monies paid will be refunded. If CLIENT would like to continue the scheduled session in such conditions, NO monies paid will be refunded. Further, if the PHOTOGRAPHER is unable to deliver photographic materials due to technological malfunctions, including, but not limited to camera equipment failure, otherwise lost or damaged files without fault of the PHOTOGRAPHER, liability shall be limited to the refund of any monies paid by the CLIENT.

RE-SHOOT POLICY

Re-shoots are determined at the discretion of the photographer. De’Mariah Newsome Photography will make every attempt to make sure you are more than happy with your images; however, re-shoots and refunds will not be given for poor choices of clothing, make-up, hair, misbehavior, unwillingness to participate, facial expression, by not following the recommendations of the PHOTOGRAPHER, and things beyond the Photographer’s control.

If a re-shoot is scheduled by the PHOTOGRAPHER, CLIENT must book within 30 days after a re-shoot is agreed upon. If a re-shoot is agreed upon, ALL of the photos from the initial SESSION will be deleted. If photos were selected, edited, and delivered, the option for a re-shoot will no longer be available. The decision of a re-shoot must be made after the CLIENT reviews the images in their gallery and before any images have been selected to be edited. 

PRICING

The charges in this Agreement are based on the PHOTOGRAPHER’S current Price List. The price is adjusted periodically and future fees & orders shall be changed at the prices in effect at the time when the appointment is booked & the order is placed. Prices are subject to change at any time without notice unless a retainer had been paid.

PAYMENT

Payment is accepted in the forms of cash or credit card.

SHOOTING TIME / ADDITIONAL TIME / TARDINESS

The CLIENT and the PHOTOGRAPHER agree that cooperation and punctuality are essential to accomplish the goals and wishes of the CLIENT. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive on time at the appointed time for the SESSION, shooting will commence at the CLIENT’S arrival time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.

Tardiness of 25+ minutes without notification will result in a cancelled SESSION and under 25 minutes will result in a shortened SESSION time. NO REFUNDS of any monies paid will be given if the CLIENT is over 25 minutes late without notifying the PHOTOGRAPHER. If the CLIENT will be over 25 minutes late and notifies the PHOTOGRAPHER before the SESSION begins, CLIENT has the option to reschedule the shoot for another day when the PHOTOGRAPHER is available. NO monies paid will be refunded.

SAFETY

The PHOTOGRAPHER reserves to right to terminate coverage and/or leave the location of the SESSION if the PHOTOGRAPHER experiences inappropriate, threatening, hostile or offensive behavior from person(s) at or in the area of the SESSION; or in the event that the safety of the PHOTOGRAPHER is in question.

EMERGENCIES

Serious injuries or death of any of the signing parties to this Agreement or an immediate family member will cause this Agreement to be void, with documentation from physician, funeral director, etc.

LIABILITY

The PHOTOGRAPHER is not responsible for any injuries inflicted upon any participating parties. CLIENT will be responsible for their children, themselves, and any other participating and non-participating party with the CLIENT. CLIENT agrees to release the PHOTOGRAPHER from any claims against their person or business.

PERMITS / LOCATION FEES / EXPENSES

The CLIENT will be responsible for obtaining any and all permits and/or paying any fees or commissions required by any venue, person or location being utilized for the SESSION(S) or any SESSIONS included herein this contract. This will include, but not limited to houses of worship, parks, reception venues or event coordinators. Any additional expenses beyond what is outlined in the previous paragraphs and specifics of this contract, including, but not limited to, travel, meals, lodging, admittance and parking fees, will be the responsibility of the CLIENT.

COOPERATION

The CLIENT(S) shall assist and cooperate with the PHOTOGRAPHER in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the PHOTOGRAPHER’S direction; providing a person to guide the PHOTOGRAPHER to desired persons and/or scenes; pre-shoot consultations, etc. The PHOTOGRAPHER shall not be responsible for photographs not taken as a result of the CLIENTS’ failure to provide reasonable assistance or cooperation.

EXCLUSIVE PHOTOGRAPHER

It is agreed that the PHOTOGRAPHER shall be the exclusive PHOTOGRAPHER retained by the CLIENT for the purpose of photographing the SESSION. NO photos, videos, or professional DSLRs from CLIENT’S family or friends are permitted during any SESSION. De’Mariah Newsome Photography reserves the right to ask the CLIENT and CLIENT’S acquaintances to put away cell phones and cameras.

It is further agreed that still/print photography, in any form or manner, by another contracted, paid or compensated individual or business entity, shall be prohibited and shall be deemed a breach of this contract. Any such breach of contract will release the PHOTOGRAPHER from any further responsibility under this Agreement, and any monies paid by the CLIENT will be retained by the PHOTOGRAPHER as liquidated damages.

CUSTOM SETUP/THEME

If the CLIENT chooses a custom setup for their SESSION, the PHOTOGRAPHER will provide all props and decor discussed during the consultation. The CLIENT understands that the price listed on the PHOTOGRAPHER'S booking site is a starting point and may increase depending on how detailed the CLIENT wants their set to be decorated. CLIENT understands that if the cost of props and decor exceeds the amount listed on the booking site, CLIENT will be invoiced for the difference, which must be paid in full in order for the photographer to provide the props and decor.

OVERALL APPEARANCE / PERSONAL ITEMS / PROPS & DECOR

The PHOTOGRAPHER shall not be held responsible for the overall appearance of the CLIENT. The PHOTOGRAPHER is solely responsible for the photography. The CLIENT agrees to arrive prepared and ready to begin the SESSION. In the event that the CLIENT would like additional photos due to appearance out of the PHOTOGRAPHER’S control (hair, makeup, clothing, etc.) in the previous SESSION, the CLIENT will be charged for an additional SESSION at the PHOTOGRAPHER’S hourly rate to reschedule or shoot additional photos. The initial retainer will not be refunded.

The PHOTOGRAPHER cannot and will not be held responsible for the CLIENT’S personal items that are lost, stolen, or damaged during a SESSION. The CLIENT is responsible to arrange personal assistance for such items.

The CLIENT is responsible for bringing any props and decor that they would like in their photos unless they have selected the Custom Setup add-on when booking their SESSION. CLIENT understands that if they are providing their own props and decor, setting up must be done within their session time frame. In the event that the CLIENT has forgot a prop/decor for the SESSION and wants photos with that prop/decor, CLIENT will be charged for an additional SESSION at the PHOTOGRAPHER’S hourly rate to reschedule or shoot additional photos. The initial retainer will not be refunded.

ORIGINAL / RAW / UNEDITED PHOTOS

The CLIENT agrees that the PHOTOGRAPHER retains the right not to release original, RAW, or unedited photographs. PHOTOGRAPHER shall release only the final photographs that are edited. This is non-negotiable.

RUSH SERVICES & RUSH FEE

In the event that the Photographer is required to provide Rush Services (as defined below), the CLIENT shall pay an additional Rush Fee. Rush Services are defined as any services that are required to be completed less than 1 week of the PHOTOGRAPHER'S receipt of the request for such services.

The CLIENT agrees that Rush Services are only available on a case-by-case basis, and that the PHOTOGRAPHER reserves the right to decline any request for Rush Services. If the PHOTOGRAPHER agrees to provide Rush Services, the CLIENT agrees to pay the Rush Fee in full at the time of the request, if it was not selected as an add-on when booking an appointment online. Once payment is made by the CLIENT for Rush Services, photos from CLIENT'S session will be pushed to the front of the PHOTOGRAPHER'S editing queue. In the event that two or more clients have paid for Rush Services, the PHOTOGRAPHER will edit on a first come, first serve basis. 

The PHOTOGRAPHER shall use reasonable efforts to complete Rush Services within the specified timeframe. However, the PHOTOGRAPHER shall not be liable for any delays in completing Rush Services that are caused by circumstances beyond the PHOTOGRAPHER'S control, including, but not limited to, equipment failure, acts of God, or acts of third parties.

The CLIENT agrees that Rush Services are provided on an expedited basis and that the PHOTOGRAPHER shall not be held to the same standards of quality as for regular services. The CLIENT shall not be entitled to any refunds or credits for Rush Services that are not completed to the CLIENT'S satisfaction.


PROOFS & FINAL IMAGES

All SESSION fees must be paid in full before the PHOTOGRAPHER edits and presents the final images to the CLIENT. This includes, but not limited to add-on fees from additional shooting time and more.

PHOTOGRAPHER retains the right to edit the photographs and omit any image. It is understood that the PHOTOGRAPHER will not deliver every photograph taken. CLIENT agrees to abide by PHOTOGRAPHER’S editing decisions. This means that as an artist, the PHOTOGRAPHER reserves the right to artistically interpret the outcome of an image. This may mean that some shots are in color and some are in black and white (B&W or BW).

CLIENT understands that he or she is NOT allowed to edit, modify, change, distort, etc. any photographs taken by De’Mariah Newsome Photography. This includes, but not limited to, removing De’Mariah Newsome Photography’s logo from the images, adding text to the images, cropping, flipping, or reversing the images, adding Facebook, Snapchat, or Instagram filters on the images, or using any photo editing service, website, or app on any image taken by De’Mariah Newsome Photography.

Proofs will be ready for CLIENT to view approximately 72 hours after their SESSION, unless otherwise stated. When the proofs are ready, CLIENT will be contacted via email. The email will contain a link to the proofs and instructions on how to access their gallery and select the set amount of images that is included in the session fee. CLIENT will also have the ability to purchase additional images within their gallery. The link will be active for 1 (one) week. After the link expires, CLIENT will have to pay an additional fee of $30 to reopen their gallery. Once payment is received, the gallery will be active for an additional 3 days.

Once CLIENT selects their final images, CLIENT must notify DNP. DNP will then edit the chosen images and send a link via email to CLIENT. If additional images are purchased, DNP will invoice CLIENT via email. Once payment is received, DNP will edit the additional images and send a link via email to the CLIENT which will contain all the chosen images as well as the purchased files. The link to the final images will be active for 1 (one) week. After the link expires, CLIENT must pay an additional fee of $30 to activate their link. Once payment is received, the link will be active for an additional 3 days.

DIGITAL FILES & PRODUCTS

CLIENT understands that they should save the digital files on a CD or a Jump/Flash Drive for safe keeping. De’Mariah Newsome Photography is not responsible for lost or deleted files, and is not required to back up or keep files for the CLIENT.

CLIENT agrees and understands that digital files are for personal use only and does not give the right to use images commercially. CLIENT agrees to only post web-sized, watermarked, digital images on the Internet and on social media.

ADDITIONAL PHOTO EDITING

The CLIENT agrees to pay the cost for additional photo editing that is not done in the primary photo editing period by the PHOTOGRAPHER, which includes, but not limited to, removing unwanted objects, changing colors of objects, and more. Any additional photo editing time will be billed to the CLIENT. All additional photo editing fees must be paid before and prints or products are ordered.

COPYRIGHT

All images taken at the SESSION are copyrighted by De’Mariah Newsome and protected by Federal Copyright Law (all rights reserved). It is therefore unlawful to reproduce her work in any manner unless a print release has been issued to the CLIENT. As an artist, De’Mariah wishes to have control over the final look of her CLIENTS’ images. Printing is not allowed unless high resolution digital files are purchased, payment has been made in full, and a print release has been issued. Screenshot images, or reproduced images are both illegal and a degradation of the original image quality. Images copied or printed from social media, the website, or galleries without permission are violations of copyright laws. Adding filters, special effects, or altering images in any way is not permitted.

It is unlawful and a breach of this Agreement to not only reproduce the images, but to display them on social networking sites (Facebook.com, Instagram.com, etc.) without crediting De’Mariah Newsome Photography. If displayed on social networking sites, photos must say, “Photos by De’Mariah Newsome Photography” somewhere visible on the photo or on the information tab below each single photo.

CLIENT is not allowed to remove, distort, or change De’Mariah Newsome Photography’s logo or watermark in any way, shape, or form, from images that are displayed on De’Mariah Newsome Photography’s social media sites or printed photos.

PHOTOGRAPHER’S USAGE / SOCIAL MEDIA / WITHHOLD FEE / HOLDING FEE

The PHOTOGRAPHER owns the copyright of all images created and has the exclusive right to make reproductions. Permission is hereby given to the PHOTOGRAPHER to use reproduction of pictures for general marketing purposes in accordance with reasonable commercial practice including, but not limited to, within the PHOTOGRAPHER’S place of business, on the Internet, and for personal meetings with prospective CLIENTS.

CLIENT understands that all photos taken are copyrighted and owned by DNP. DNP is able to use the images taken for promotional, marketing, and portfolio use, which includes being posted on social media. If CLIENT does not want their portraits posted on social media, they must pay the $50 Withhold Fee when booking their session. If this fee is NOT paid at the time of booking, DNP may post your images on her social media sites. CLIENT understands that this fee can not be paid after their session is booked. DNP will NOT remove any images from the session under any circumstances from our social media sites or portfolio if this fee is not paid at the time of booking.
 
If CLIENT wants DNP to not post photos from their session until a specific date, CLIENT understands that he/she must select the Hold Until Specific Date add-on fee on PHOTOGRAPHER'S booking site. If CLIENT selects that add-on, DNP will not post any photos from their session until the date given by the CLIENT. However, if CLIENT chooses to share the images before the discussed date, DNP may also share the images before the discussed date. 

CLIENT’S USAGE

The CLIENT hereby agrees that all negatives, digital files and any and all pictures derived from the SESSION are the property of the PHOTOGRAPHER.

Upon image distribution or images purchased off your online web gallery, limited copyright ownership of the resulting images will be transferred to the CLIENT under the following conditions:

*The photographic images are the property of CLIENT for personal use and for the purpose of the reproduction and giving of photographs to friends and relatives.

*The CLIENT must obtain written permission from - and compensate De’Mariah Newsome Photography - prior to the CLIENT or the CLIENT’S friends and relatives publishing or selling the photographs for profit.

The CLIENT is obtaining photos for personal use only, and shall not sell said photos or authorize any third party use of any image without written consent from and compensating the PHOTOGRAPHER. If the CLIENT is obtaining a photo or photos for newspaper announcement of the SESSION(S), editorial use or website, or for any other publication, the PHOTOGRAPHER shall authorize the CLIENT to reproduce the photo in this manner. In such event, the CLIENT shall run a credit for the PHOTOGRAPHER adjacent to the photograph. Digital images do NOT give the CLIENT the right to use images commercially.

RIGHT OF REFUSAL

If for any reason, PHOTOGRAPHER does not feel able to provide you with the service you require, another PHOTOGRAPHER may be recommended. De’Mariah Newsome Photography reserves the right to refuse service to any CLIENT who knowingly and intentionally disregards any of the aforementioned policies.

SICK POLICY & COVID-19 UPDATE: In order to keep my clients and myself healthy for sessions, I have a sick policy. If anyone attending the session is sick on the day of the session (or has not been fever or symptom free for 72 hours), you MUST reschedule, or the sick individual must NOT attend the session. I thoroughly sanitize my workspace before each session, and make sure I do all I can to stay healthy and well, for my clients. Please do not enter my workspace if you are sick. This can cause me, or other clients to come in contact with germs, and I may have to reschedule several other sessions if I become sick. If a client comes into the workspace sick, I may ask that client to leave and reschedule for the safety of other clients. UPDATE: Only people being photographed are allowed in the studio. Any person who books an individual photoshoot is allowed to bring ONE additional person to assist them. Masks are required for the additional person. A minimum distance of 6 feet must be kept between the client and photographer. Thank you for understanding, and abiding by this policy.