All sales final. Once ticket is purchased, there are NO date/time changes or cancellations permitted. Space is extremely limited. Tickets are not transferrable. Immediate family only please.
Session details:
$99 bucks
15 minutes (or less if your child(ren) decide otherise)
1 digital file (your choice- great for your holiday cards & Facebook)
Fun holiday props
Online password protected gallery
Prints/files are sold a la carte via your online gallery
Kids, family, pets, you name it!
No outfit changes
By purchasing a ticket to this event, you agree to the following:
1. Photographs shall be uploaded to a password protected site with limited editing. Special enhancements are available for an additional charge. Included in the fee above is your choice of 1 edited file with a print release. You will need to send me your choices within 14 days. After that time, the photos will be archived and there is a $50 re-archival fee. Professional prints, photo products & digital files may be purchased for an additional fee via your online gallery.
2. Photos will be edited and available for viewing & ordering: within 1 week of your session
3. The Client 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. Client understands and acknowledges that Photographer is being hired as an artist to interpret the subject photographically, and that Photographer, except as is stated herein to the contrary, has no limitation in how to record the subject including choice of media, composition, color or any other aspect of the photographic process. Client understands and further acknowledges that photographs are subject to many variables, and as such Photographer cannot guarantee the delivery of any specifically requested image(s).
4. Photographer retains all copyright and licensing rights under United States Copyright Laws. Photographer agrees not to use Clients images without consent of Client.
5. The Client is aware that color dyes in printed photographic materials may fade or discolor over time due to the inherent qualities of the dyes and chemicals. The Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to inherent qualities.
6. Images in your gallery will receive basic editing (adjusting color temp, cropping, exposure, contrast). Re-touch services are available for an additional fee (removing images from the background, removing braces, changing facial or body feature shapes). If applicable the proof images are used for an on-line gallery, proof books, and digital negatives. The finished print includes a variety of techniques to create the Photographer’s interpretation of a perfect print. Steps taken may include and are not limited to realistic retouching, blemish removal, selective toning of colors, color enhancements, removal of distracting elements, etc. Custom prints are included in all album designs, wall art, card designs, custom books, custom prints and enlargements. While Photographer will make every reasonable attempt/effort to take specifically requested photos, the Client understand that this is an uncontrolled event and that due to the varieties of the weather, available light, and willingness or availability of subjects, Photographer cannot guarantee that any particular requested photo will be taken.
7. The parties hereby agree and acknowledge that Photographer’s full liability under the terms of this contract, for any breach thereof, or for any loss or injury as a result there from is limited to a one hundred (100) % refund of any amounts Client paid Photographer for services rendered hereunder. This includes, but is not limited to, loss through delivery, processing mishaps, casualty, and or equipment failure.
8. LIMITATION OF LIABILITY & Force Majeure Clause
The parties hereby agree and acknowledge that Photographer’s full liability under the terms of this contract, for any breach thereof, or for any loss or injury as a result there from is limited to a one hundred (100) % refund of any amounts Client paid Photographer for services rendered hereunder. This includes, but is not limited to, loss through delivery, processing mishaps, casualty, and or equipment failure.
Client acknowledges that The Photographer (Brooke Whicher Photography aka BWP) shall be the sole and exclusive photographer for the contracted event. Client further acknowledges that BWP is not responsible for the impact on the final product if any interference during the photography process by guests and/or other vendors including videographers. If, in the opinion of the assigned photographer, such person or persons (including guests) are inhibiting BWP from performing his or her duties, Client shall require the person interfering with BWP to stop all further activities including, but not limited to photography and/or videography.
In the event of personal illness or other circumstance beyond Photographer’s control, including but not limited to act of God or an act of terrorism, a substitute photographer of high qualifications, subject to the acceptance by the Client prior to the event, may be dispatched by Photographer to photograph the contracted event. If the Client declines the use of the substitute photographer, the Client may elect instead to terminate this agreement and receive a full refund of all monies paid as a retainer hereunder.
9. Miscellaneous:
(a) No changes may be made to this Agreement without prior authorization. All changes must be initialed and dated by both the Photographer and Client.
(b) This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and may only be canceled, modified or amended by a written instrument executed by both Client and Photographer. If two or more persons are named herein as Client their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to use in determining the intent of the parties to it. Any waiver of a breach or default hereunder shall not be deemed a waiver of subsequent breach or default or either the same provision or any other provision of this agreement.
(c) The waiver of any one time breach of any term, condition, covenant, obligation, or agreement of this contract shall not be considered to be a waiver of that or any other term, condition, covenant, obligation, or agreement or of any subsequent breach thereof. The failure of either party to enforce any terms or conditions of this contract shall not constitute a waiver of the same or other terms and condition or otherwise prevent or preclude such party from exercising the rights or remedies hereunder, at law or in equity.
