1. Retainer and Payment. The Client shall make a non-refundable retainer of $200 for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the newborn and/or Fresh 48 time frame (1 week before to 2 weeks after due date). The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the photographer to schedule other clients during this time. The remaining balance must be paid by the time of the session. If a package of sessions has been purchased the remaining balance must be paid by the time of the first session. If the remaining balance is not paid by the time of the first session, the Photographer’s duty to attend the session is discharged and the Client remains responsible for the remaining balance. If the client has chosen the “payment plan” retainer is due at time of booking, ½ of the remaining balance is due 2 weeks before first session and remaining balance is due at time of first session

2. Cancellation. If the Client requests to amend or cancel this Contract the retainer shall not be refunded or applied to other services unless agreed upon by both parties at least 8 weeks prior to the expected due date. If the Client fails to notify the Photographer of the birth or cancels this Contract 8 weeks or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited. If for some medical or other reason your fresh 48 session is not able to happen your fees will automatically be transferred to an in-home newborn session.

3. Client Notification. The Client shall notify the Photographer by phone call upon birth of child. It is the responsibility of the Client to ensure that contact is made with the Photographer. Failure to specifically speak to the Photographer and receive a response shall not hold the Photographer responsible for missed coverage. Texts, voicemails, social media, and other messages do not constitute valid notification.

4. Image DELIVERY. Client will receive notification that images are ready for viewing within 3 weeks of each session date. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of at minimum 30 images and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $10 per file.

5. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.

6. Photographer’s Standard Price List. The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

7. Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.

8. Client Usage. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.

9. Social Media. The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify Becci Ravera Photography in the caption of all photographs uploaded to social media websites and profiles.

10. Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to schedule a replacement session. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited.

11. Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $300. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

12. Indemnification. The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photography session and the immediately surrounding events. The Photographer shall be held harmless for any missed performance as a result of hospital and/or birthing center policies. It is the responsibility of the Client to acquire all appropriate permissions and access for the Photographer.

13. Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the State of Wisconsin.
 

14. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

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