Terms and Conditions


All Clients of This Moment Portraits by Amanda Rae will be asked to read and sign the Terms and Conditions Agreement below. Versions of this Agreement may contain slight variations, where applicable, according to the photo package being scheduled.


Photography sessions will not be considered finalized, nor will date/time scheduling be considered fully reserved, until a signed copy of this Agreement has been received by This Moment Portraits.


This Agreement is being made available to you ahead of the scheduling process so that you can take your time reviewing its contents. Please send an inquiry immediately if you have any questions or concerns about this Agreement.


1. FEES & RETAINER PAYMENTS

The Photographer’s total fee for the selected photography package must be paid in full, by the Client, on or before the date of their photography session, and at least 4 hours before the Client's session is scheduled to begin. A retainer fee in the amount of 50% of the Photographer’s total fee is due at the time of signing this Agreement. Retainer payments are non-refundable after three (3) calendar days have elapsed from the date of payment receipt. Final booking dates and scheduled session times will only be considered held/reserved for the Client once a successful retainer payment has been received by the Photographer. Should the Client fail to pay the total fee (to include the retainer, deposit, scheduled payments, and/or final payment) at least 4 hours before the Client's scheduled session, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, and retain any non-refundable retainer or deposit payments already received. 

2. COVERAGE 

The Photographer will provide coverage for the dates, locations, and continuous hours specified in this Agreement. The Photographer agrees not to schedule another Client or event during the times outlined in this Agreement. For this reason, the retainer fee is non-refundable. Coverage begins as soon as Photographer arrives at the photography location. Additional travel or coverage hours may be added (at additional cost and by mutual agreement between the Client and Photographer), no later than three (3) calendar days prior to the photography session, and must be paid in full with the remaining balance. The Photographer reserves the right to schedule other clients outside of the times specified in this Agreement.

Every reasonable effort will be made by the Photographer to take specific pictures requested by the Client when reasonably possible, but no specific pose or photograph can be promised by the Photographer. Any pose lists supplied by the Client or requested photos will be used for organizational purposes by the Photographer only. The Photographer reserves the right to add, or decline to add, pose or shot requests that are not sufficiently covered by the type of portrait session outlined in this Agreement (for example: poses deemed to be wedding portrait poses may not be included in a family portrait session; professional headshots may not be incorporated into a couples portrait session, etc). By signing this Agreement, the Client understands that the session is an uncontrolled event and that effects of weather, available light, time restrictions, willingness/temperament of subject(s), etc., may prohibit the Photographer from successfully taking requested photos and delivering the minimum number of photos outlined above. The Photographer will not be held responsible for uncooperative participants, environment-related limitations, and/or other external influencing factors on the photo session. 

3. MODEL RELEASE

The Client, and subject(s) participating in the photo session arranged by the Client, hereby grant to This Moment Portraits, the unrestricted right to use and publish photographs of the Client, or in which the Client and/or identifiable private property may be included, for editorial, trade, advertising and any other purpose. The Client hereby releases This Moment Portraits from all claims and liability related to said photographs.

Per This Moment Portraits' Privacy Policy, the Client has the option to opt out of having their photos shared publicly. Should the Client wish to opt out of having their photographs shared publicly, a written (e-mailed) notice of this must be sent to the Photographer at any time before or after their photography session. Accommodations will be made by the Photographer accordingly.

4. PHOTOGRAPHING OF MINORS 

If any minors are to be included in the photo session, the Client understands that, as their parent(s) or guardian(s), they are consenting to the minor’s participation in the photography session and the model release on the minor’s behalf. If the Client does not have legal parental or guardianship rights over the minor(s) in question, written consent from the minor’s parent or guardian must be obtained by the Client and sent via email to the Photographer at least 24 hours before the scheduled session. Failure to provide such written consent will result in the minor’s exclusion from the photo session. 

5. LOCATION SCOUTING 

In the event the Client does not have a location pre-selected for their photo session, the Photographer will find and evaluate a maximum of three (3) to five (5) potential sites for a photo shoot, depending on the photography package purchased by the Client and as outlined on This Moment Portraits' Pricing webpage. If the Client finds these location suggestions unsatisfactory, the Client will then take responsibility for location scouting, including evaluation of safety, accessibility, associated costs for site use, and travel distance reasonableness for the Photographer. 

6. CANCELLATIONS

CANCELLATION BY THE CLIENT

Cancellation must be made in writing, via email, at least 24 hours before the service date in this Agreement. Should the Client fail to provide written cancellation notice within this timeframe, they will be required to pay all fees related to the session. Retainer fees and/or deposits paid by Client will be refunded if service is cancelled by the Client within three (3) calendar days of payment receipt. If the Client cancels a scheduled service after three (3) calendar days have elapsed from the date of payment receipt, the Client will not receive a refund of the retainer and/or deposit. Same-day service cancellations made by the Client will not be eligible for retainer fee refunds, regardless of when the payment was received by the Photographer. 

CANCELLATION BY THE PHOTOGRAPHER 

If the Photographer is forced to cancel service for reasons other than threats to their health/safety (see SAFE WORKING ENVIRONMENT section) or is unable to perform service duties because of (but not limited to) illness, severe weather conditions, vehicle breakdowns, or other reasons beyond the Photographer’s control, the Client’s retainer fee will be fully refunded the total session cost within two (2) weeks of service cancellation. The Photographer will make all efforts to notify the Client in writing of the cancellation and agrees to refund all fees, including the initial deposit and/or retainer fee. 

FORCE MAJEURE 

If by reason of Force Majeure, either party is unable to carry out its obligations under this Agreement, written notice regarding full particulars of Force Majeure to the other party is required within reasonable time after the event or occurrence takes place, which prohibits the affected party from participating in the service.

7. RESCHEDULING

If, for any reason, the Client requests changes to their session date and/or time, the retainer payment can be transferred to new date and/or time if the Photographer has the date and/or time available and agrees to the rescheduled session; otherwise, there is no refund of the retainer payment. If the event is cancelled after the payment has been made in full AND a written notice of cancellation has been sent to the Photographer at least 24 hours before the cancelled event, all payments except for the non-refundable retainer fee will be returned to the client. 

8. PERMITS

The Client is responsible for obtaining all applicable permits and/or licenses related to the photo shoot, as dictated by the venue, location, or otherwise, in order for the session to be successfully completed. Copies of required permits and/or licenses must be delivered to the Photographer via email at least 24 hours before the scheduled session.

9. LOCATION AND VENUE LIMITATIONS 

The Photographer is limited by the applicable rules and guidelines of the photography location(s). The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the venue officials for moderation of guidelines is the Client’s responsibility. The Photographer will offer technical recommendations only. The Photographer will abide by all location or venue rules and regulations during the session, and will not break rules in order to obtain specific photos for the Client. Both the Client and Photographer agree to “Leave No Trace” regarding the location of their photo session, and will minimize environmental impact by collecting all belongings upon leaving the location and obeying all location rules. 

10. TRAVEL FEES

Travel fees may be added to the initial service quote depending on the distance of travel required. If the location of the service changes after the initial deposit or retainer fee is paid, the Photographer reserves the right to adjust the travel feel if the actual distance travelled and/or associated costs are greater than anticipated. 

11. SAFE WORKING ENVIRONMENT 

The Photographer reserves the right to cancel or halt a service, without a refund of paid fees, in circumstances where her health and/or safety is jeopardized, or if the Photographer determines that the condition of the environment is not adequately sanitary and/or safe. 

12. ZERO-TOLERANCE HARASSMENT POLICY & EXPECTATIONS OF CLIENT BEHAVIOUR

The Client and all others in the Client’s group participating in the photography session are expected to communicate with the Photographer appropriately and display appropriate behaviour. The Photographer reserves the right to cancel or halt a service, without a refund, in circumstances where the Client and/or any participating subject becomes uncooperative, verbally or physically aggressive or abusive towards the Photographer, and/or displays bullying, intimidating, harassing, threatening, or otherwise dangerous behaviour at any point leading up to or during their photography session. The Photographer may exercise this right with ZERO TOLERANCE for inappropriate behaviour.  

13. COMPENSATION FOR DAMAGES

The Client will assume all financial responsibility for any damage to or theft of the Photographer’s property by any associated person(s). The Client will be responsible for replacing damaged or stolen items at their full MRSP value. 

14. DELIVERY OF IMAGES & ONLINE GALLERIES

The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs will be protected by a watermark, as selected by the Photographer. These proofs shall be available to the Client within 2 weeks after the photo session and will be available for digital download. A download PIN will be provided to the Client which will allow them to download their photos in high-resolution, without a watermark. The amount of time the online gallery will be kept available on the Photographer's website will be up to the Photographer's discretion. Should the Client require additional digital copies or downloads after the online gallery has been removed from the Photographer's website, the Client may submit a written (email) request to the Photographer, at which point the Photographer will provide digital copies of the Client's photos to the Client by other means. The Photographer will not deliver any RAW format (unedited) photos to the client. All photos delivered will be selected by and edited by the Photographer.

15. IMAGE PROCESSING, RETOUCHING, & EDITS 

Images determined by the Photographer to be substandard, duplicative, or otherwise insufficient may be edited out of the final online gallery delivered to the Client, so long as the gallery includes the minimum number of photographs promised in this Agreement. The Photographer will use their professional judgment and sole discretion to select which photos to retouch, edit, and deliver to the Client. 

16. ARTISTIC STYLE 

The Client understands that photographs taken at the event can vary greatly and that photography by nature is a subjective artform, subject to the creativity of the Photographer and her personal artistic style. The Client understands that they have scheduled a session with the Photographer because of her photographic style and will grant the Photographer the right to exercise her creativity. The client may not demand a refund, session redo, or changes to final delivered images due to differences in artistic preferences.

17. PHOTOGRAPHER COPYRIGHT 

All photographs taken by the Photographer will be the Photographer’s property. The Photographer retains copyright to all photographs, and hereby grants the Client unlimited but non-exclusive rights to use or reproduce the final photographs delivered to them via online gallery, for personal use only. The Client understands that this does not grant them any claims for ownership, income, or editorial control. 

18. SOCIAL MEDIA & AUTHORSHIP CREDIT

Citation of the Photographer must be made if photographs taken by the Photographer are shared online, by the Client or otherwise, including on social media sites. The Client agrees that they will not make any alterations to the final delivered photographs if they share images on a public domain. Authorship credit must include the name of the Photographer (This Moment Portraits) with a link to the Photographer’s website and/or a mention of her social media tag, to accompany any images posted or displayed on social media or otherwise.

19. LIMITATION ON LIABILITY

Client holds the Photographer harmless for any claim, loss, damage or injury to any person or property arising, either directly or indirectly, from service provided by the Photographer.  In the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond the Photographer’s control and cannot therefore be delivered to the Client, the Photographer’s liability is limited to the return of all payments received for the photography package back to the Client, including the retainer fee and/or deposit payments.

20. INDEMNIFICATION & THIRD-PARTY LIABILITY

The Client will hold harmless and indemnify the Photographer against all claims and actions arising out of the activities related to the photography session, or resulting from the activities during the event, including, but not limited to, any related events arising from this Agreement. The Client agrees to indemnify the Photographer in the event of liability for damages or losses caused to a third party during the Client’s photo session. 

21. GENERAL PROVISIONS 

(a) The Clients listed (known as “Client”) and whose signature(s) appear on this document (known as “Agreement”), agrees that This Moment Portraits (known as "Photographer") shall provide photography and subsequent photo editing services to the best of her ability, in the manner described in this document. This is a binding Agreement, which incorporates the entire understanding of the parties. Any modifications must be in writing, signed by both parties, and attached to the original Agreement. 

(b) Severability: If any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. 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.

(c) The Photographer shall not be liable for any delay or non-performance due to circumstances beyond her control.

(d) The Photographer is not an employee of the Client.

(e) This Agreement constitutes the entire agreement between the Client and Photographer. This Agreement supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement. 

(f) By paying a retainer fee, the Client agrees that they have read and understand all the terms and conditions outlined above. Submitting a retainer fee or deposit payment will not be accepted in lieu of a signed copy of this Agreement, however; a signed Agreement must be on file before services will be rendered. The Client also understands that the Client will be financially responsible for services provided and that all retainer fees and/or deposit(s) made are non-refundable.