The Contract
Session Contract
IMAGES & COPYRIGHT
All images are copyrighted by Tender Moments Photography. It is unlawful to scan, copy or reproduce Tender Moments Photography's images in any manner without express written permission. Do not apply filters or other alterations to the images we deliver. Upon final payment, the client has limited copyrighted ownership for personal use only. We strictly prohibit use of our photos for advertising without written permission from the Photographer. Unedited images or raw images are never provided to clients - please do not request them, this is non-negotiable.
The Photographer's main goal is to ensure each client has a pleasant and successful experience at their photo session. Please follow guidance from the photographer during your session, which may include posing and lighting expertise. The photographer is not responsible for non cooperation from client(s) or any children. It is the parent's responsibility to ensure proper cooperation from their child(ren). If a reshoot is required, there may be an additional fee, depending on the photographer's cost to complete another session. Please ensure the location you have selected for your session is open and available on the date and time you have booked. The Photographer is not responsible for location scouting prior to the session unless otherwise agreed.
We are not responsible for any personal injury that may be sustained during the photo session, all sessions are done at your own risk. If you feel something is unsafe, please bring it up immediately. If you have any allergies (ie. bee stings, peanuts) please notify us prior to your session so precautions can be taken. Should any client or their children be aggressive, rude, or act inappropriately, the session will end immediately and no refund will be given. We DO NOT tolerate harassment and any form of harassment will terminate your session. We ask that you ensure your children do not destroy any props, sets or equipment. Should you allow this type of behaviour we reserve the right to end the session immediately. Should expensive damage be done you may be required to pay the repair or replacement cost.
If there is any issue with quality or amount of photos delivered, the client agrees to bring it up within one week of receiving the gallery. We cannot be held responsible for client's dislike of own clothing choice, hair style, makeup, etc.
Printing services are provided as an option to every client, but should a third party printing service be used to print any image by Tender Moments Photography, the undersigned understands & acknowledges that TMP is not responsible for print quality.
Please allow a minimum of 1 week after your session for photos to be ready in an online gallery. A USB may be requested at an additional cost ($20 for custom USB). You will be notified by email or Facebook and given a link to your gallery. Galleries contain approximately 25 edited and customized images (depending on session type). Mini sessions are generally 10 images. Although there are many other images taken during your session, any image with closed eyes, motion blur or anything that does not meet our image standard will not be shown. Tender Moments Photography chooses to show only the best images. Your gallery will remain online for up to 3 months. If you fail to save your images within the 3 month period and the gallery expires, a $25 administrative fee will apply to reopen the gallery. Should a proofing gallery be offered to you, you must make your selection within 1 week or a $25 fee will be required to re-open it for another week.
Once the images are delivered to the client the Photographer no longer has any obligation to retain the digital files. It is the client's responsibility to save and back up their images.
The remainder of your session cost is due at the time of the session. We accept cash, cheque or e-transfer to info@tendermomentsphotos.com.
MINI SESSIONS: These sessions are scheduled back to back so you must be on time, otherwise time will be deducted accordingly. Minis are for immediate family only, families are not permitted to spot share. For cousins sessions (no more than 4 children) an extra $10 per child will apply. Weather reschedules will be determined by the photographer. Retainer fees are required for mini sessions and cannot be transferred to another date unless a mimumum of 48 hours notice has been provided.
PRINTS & PRODUCTS: Due to the custom nature of photographic products, all sales are final. Should there be an issue with quality the product will be exchanged at the Photographer’s discretion. Please be prepared to prepay any print order as we are charged up front.
MODEL RELEASE:
I hereby consent that the photos taken and presented by Tender Moments Photography, may be used in her portfolio, advertising, website and other lawful purposes.
LIMIT OF LIABILITY:
In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents her from photographing the session, we will make every effort to reschedule the event or refund the deposit. In the unlikely event that photographs have been lost, stolen or destroyed for reasons within or beyond our control, Tender Moments Photography’s liability is limited to a reschedule of the appointment or the return of all payments received for the portrait session.
Covid19 and infectious illnesses: If you or anyone you have come into contact with are ill or experiencing symptoms, you will reschedule your session for when you have been cleared of infection.
Inclement weather: Should we experience strong winds, excessive rain, hail, or blizzards the session will be rescheduled, or moved indoors. The Photographer reserves the right to refuse to shoot in temperatures below -25C or above +34C.
RETAINER & PAYMENT SCHEDULE:
A 50% non-refundable retainer is due at time of signing to book your session date. Payment can be sent to: info@tendermomentsphotos.com The remaining balance can be made in cash the day of your session, or an accepted EMT prior to your session.
Should you need to reschedule your session please give a minimum of 48 hours notice , otherwise your retainer will not be transferrable. A new retainer will be required to secure another date. If you are late for your session, you will lose time out of your allotted time accordingly. If you are more than 20 minutes late for a session 45 minutes or less, we reserve the right to cancel the session and no refund will be given. If you are more than 60 minutes late for a newborn session, the photographer reserves the right to cancel the session and a new retainer will need to be paid to secure another date (if agreed upon).
A late fee of $60 will apply if you are 30 minutes late for your session and we are still able to fit you in. A late fee of $120 will apply if you are 60 minutes late and we are still able to fit you in.
Our home studio closes at 6:30 PM. Any client who insists on shooting past this time will pay a $150 after-hours fee. Under no circumstances will studio sessions run past 8:00 PM.
Outdoor shoes are NOT permitted in studio. A $50 cleaning fee will be charged for failure to comply.