Client: Client First and Last Name

Photographer: Meredith-June Photography



The deposit reserves your session date (or due date when applicable) and goes towards your final payment.

Mini sessions and newborns: 1-3 days after your session, with balance paid, I will load unedited watermarked images for you to choose from. After you've chosen the photos I will edit each image and redeliver the fully edited, non watermarked gallery for download. Payment is due before any digital delivery is made.

Regular sessions and milestones will receive edited images 2-3 weeks after the shoot date. No proofing gallery necessary as all 'usable' images will be sent.

The photographer and client (each a “party”, collectively, the “parties”) agree as follows:

I. Service, Scheduling, and Payment Terms

1.1 The Services. Included in the Services is the delivery of a gallery of the resulting images (the “Photographs”) to the Client. The client will then

(i) select from the gallery the number of photographs included in the chosen package for final editing and delivery.  The client will receive final versions of the selected images only;

(ii) the client may also elect to purchase additional digital images for editing and delivery.

1.2 Payments.  The client agrees to pay an initial nonrefundable deposit to reserve the time and date of the session and the remaining balance no later than twenty-four hours after the session.

1.2.1 Nonpayment. The client’s failure to pay will be deemed a material breach of this agreement and shall relieve the photographer from performing any further services under this agreement.  

1.2.2 Method of Payment.  Payment can be made via venmo, zelle, paypal, cash, or check. Checks can be made out to Meredith-June Photography. Returned checks will incur a $35 return check fee.

1.2.3 Nonrefundable Payments. Any payments made under this agreement are not refundable as liquidated damages and not as a penalty.  

1.2.4 Travel Fees. If the client requests the photographer travel to a specific destination outside of a 40 minute radius of zip code 28227, in addition to the fees due under this agreement, the client shall pay all associated travel costs, including but not limited to (i) the $0.54 per mile for traveling, and (ii) reimburse the photographer for any tolls, parking fees, or other expenses incurred as a result of the travel.  The client will reimburse the photographer within ten (10) days of providing travel-related receipts.

1.3 Scheduling. The client will cooperate with the photographer to finalize any tentative scheduling for the session, which will be sent to the client in writing.

1.4 “House Rules.”  The photographer is limited by the rules of the session location, for which the client will hold the photographer harmless.

1.5 Late Arrivals and No-Shows. The client’s late arrival may result in compromised coverage, fewer final photographs, for which the client will hold the photographer harmless. The client’s session will not be extended past the session end time.  Clients who are “no-shows” agree that their fees are fully non-refundable as liquidated damages and not as a penalty. If the client arrives 20 minutes or more later than the session start time indicated in this agreement, the client forfeits their session time as a no-show, and agrees that all funds paid are non-refundable.  

1.6 Postponement. Should the client need to change the date of the session, client shall notify the photographer as soon as possible in order to minimize the photographer’s damages, but no later than 6 hours before the session start time.  The client agrees to forfeit any nonrefundable deposit paid to the photographer as liquidated damages and not as a penalty.  The photographer will make a good faith effort to accommodate a postponement of the session to a new date and time.  In the instance that:

1.6.1 The Photographer can accommodate the Postponement. If the photographer can accommodate a postponement, the client will be provided with a credit amounting to the monies already paid to the photographer (minus the deposit). Client may use credit provided for up to one year. The photographer may charge additional fees for the new date and time, depending on the time of year, and may require a new deposit.

1.6.2 The Photographer cannot accommodate the Postponement. If the Photographer cannot accommodate the postponement due to but not limited to scheduling conflicts or personal conflicts, the photographer will keep the deposit, but will refund to client any second payment.

1.6.3 Emergencies. In the instance of emergency, death of a family member, or pregnancy complication, the parties will inform the other party as soon as possible and reschedule for a later date and time. In this instance, no new deposit will be required.

1.7 Cancellation: Cancellations must be made in writing.  In the event of a cancellation, client will notify the photographer as soon as possible in order to minimize the photographer’s damages. To minimize these losses, in the event of cancellation by client, client forfeits the deposit as liquidated damages and not as a penalty.

1.8 Termination. This agreement may be terminated:

a) by either party for a material breach of any provision of this agreement by the other party, if the material breach is not cured within two (2) days of receipt of written notice.

b) by client on provision of five (5) days written notice to the photographer, with or without cause. If the client terminates the agreement, it forfeits any deposit as liquidated damages and not as a penalty.  

c) by the photographer upon written notice if the photographer is unable to accommodate a postponement, 

d) by the photographer immediately upon written notice if the client fails to pay the deposit or make any scheduled payments. In the event of such termination, the photographer shall be released and discharged from any obligations and liabilities under this agreement.

The photographer shall have no further obligation to client to perform under this agreement, nor to store any delivered or undelivered photographs after termination.

II. Service Terms

2.1 Exclusive photographer: Client will not bring any other photographers or videographers to the session.

2.2 Model Release. The client grants the photographer the right to use images and likeness for advertising purposes as examples of work, including but not limited to trade, promotion, exhibition, display, website, social media, portfolio, or any other lawful purposes. This license is perpetual and irrevocable and includes all media now known or later developed, and for all lawful purposes.

Please know that if a request to not post online is made, it will be honored. 

2.3 Artistic Discretion, Specific Images.  Client agrees that the photographer has artistic discretion in the performance of the Services and editing of the photographs, and will not hold the photographer responsible for any specific image. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be guaranteed. Any failure by the photographer to deliver any specific image shall not be a breach of this agreement and shall not result in a refund. The photographer will not be required to deliver every image taken at the session, and the determination of delivered images is left to the photographer’s discretion.

2.4 Image Editing. The photographer will have sole artistic discretion concerning image processing and selection. Images determined by the photographer to be substandard or duplicated may be edited out. Under no circumstances shall RAW files be provided to the Client. Unless agreed upon in writing, the photographs may contain a mixture of color and black and white images. Client may request further changes at an additional charge to be determined at the time of the request.

2.5 Session Conditions. The client shall not hold the photographer responsible for compromised coverage due to causes beyond the photographer’s control, including but not limited to weather, lateness or tardiness of the client, congestion or traffic at the session location, existing backgrounds or lighting conditions, schedule complications, restrictions of the session location, or other interferences not caused by the photographer. Any additional permits or fees required by the session location or locality for photographing will be the responsibility of the client.

2.6 Safe Working Environment: At her sole discretion, the photographer reserves the right to refuse to perform the services and reschedule for a later date if the session location is compromised or dangerous.

2.7 Overtime Fees. If the client requires additional services outside of the session times contracted for, the photographer may or may not be able to extend the session. If the photographer is able to extend the session, the client agrees to pay an additional $100 per hour, payable in half-hour increments.  

2.8 Photograph File Delivery and Storage.  Upon receipt of online gallery of final edited photographs, the client accepts all responsibility for archiving, storing, and protecting the photographs. The photographer does not permanently archive all photographs and/or image files, and is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers.  The photographer does not retain all unselected proof gallery images.

2.9 Copyright. The photographer retains all copyrights, rights, title, and interest in, including non-transferable moral rights, in all photographs under 17 U.S.C. § 201 et. al, including but not limited to works embodied in negatives, transparencies, proofs, previews, photo discs, USBs and computer files, images in their original and processed formats, derivative works, adaptations, and public display except as otherwise provided for herein.  Client understands that any unauthorized use, including but not limited to duplication or alteration of original images outside of the license granted by this agreement and/ or commercial use, is strictly prohibited without express written permission. Alterations include, but are not limited to, application of filters or modifications of any kind.

2.10 Social Media. We love when clients are excited to share their photographs! Please provide a courtesy credit as:

Instagram: @MeredithJunePhotography;

Facebook: http://www.facebook.com/Meredithjunephotography.

2.11 Reproduction and Additional Prints. The client may order prints directly from their online gallery. We advise ordering through Mpix.com (not a drugstore) to ensure the integrity of the photographs in printed form.

The client may also print the final photographs printer of their choice; however, the client shall hold the photographer harmless for compromised quality after printing at any other printer.

III. General Terms 

3.1 Limitation of Liability. The photographer will take the utmost care with respect to the session and the exposure, development, and delivery of the photographs. However, in the event of loss, injury, or damage, the client’s sole remedy shall be limited to a refund of money paid by client to the photographer. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total.

3.2 Indemnification. The client shall indemnify, defend, and hold harmless the photographer and the photographer’s agents from and against any and all claims, damages or liabilities that are not the result of any intentional or grossly negligent act of the photographer or the photographer’s agent(s).  This provision shall survive the termination of this agreement.

3.3 Notices. Any notice under this agreement may be made effective by (i) personal delivery in writing to the addresses noted in the recitals of this agreement, or by (ii) email with receipt confirmed in writing.  Both parties shall notify the other if their addresses change from those listed in the first paragraphs of this agreement.

3.4 Force Majeure. In the unlikely event that the photographer is unable to perform the services for reasons including but not limited to illness, injury, civil unrest, flood, fire, acts of God, or other unforeseen circumstances beyond the photographer’s control, then the photographer shall make best efforts to reschedule the session for a time acceptable to both parties.  If no such date is available, the photographer shall return all money paid by the client minus any expenses.  The photographer shall have no further liability with respect to this agreement.

3.5 Attorneys Fees. In the event any litigation, mediation, or other proceeding is initiated by any party to enforce, interpret, or otherwise obtain judicial or quasi-judicial relief in connection with this agreement, the non-prevailing party must pay all expenses and attorney's fees relating to or arising out of such proceeding, and any post-judgment or post-award proceeding including those to enforce any judgment or award resulting from any such prior proceeding. Any such judgment or award shall contain a specific provision for the recovery of all such attorneys’ fees, costs, and expenses.

3.6 Entire Agreement, Severability, Assignments, and Waiver. This agreement is the final expression of such parties' intent with respect to the terms included. This agreement supersedes any and all other agreements, either oral or in writing, between the parties, and may be modified only in writing. Any attempt by the client to assign, transfer, or subcontract any obligations under this agreement without the written consent of the photographer shall be void. Nothing in the foregoing section shall prohibit the photographer from sending team members to fulfill this agreement. The provisions of this agreement are severable, and if any one or more provisions is determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions shall be binding and enforceable. Failure of either party to enforce its rights under this agreement at any time for any period shall not be construed as a waiver of such rights.

3.7 Governing Law, Jurisdiction and Venue. This agreement is to be construed pursuant to Laws of the State of North Carolina.  Each party hereby consents to exclusive personal jurisdiction in the State of North Carolina, and any legal action or proceeding relating to this Agreement shall be brought exclusively in the state or federal courts located in or for Charlotte, North Carolina. 

THE PARTIES, intending to be legally bound, have each signed this agreement as of the date below.

PHOTOGRAPHER:

Meredith-June Photography

Signed: Meredith-June Dodge