Below is the client guide that clients will need to review prior to booking a session with Munchkin Moments. Be sure to electronically sign or your session date will not be added to my calendar. Thanks!
This is an agreement between Munchkin Moments by Stephanie LLC, hereinafter referred to as “MM”, operating in the State of Wisconsin, and the signer of this portrait photography agreement, hereinafter referred to as the “Clients”, collectively referred to as the “Parties”, with the portrait sessions detailed below.
The packages list, pricing list and/or any documents attached to this Contract are integral parts of this contract and can be updated at any time by MM. The contract terms, agreement and price list are the only legally binding documents between the parties.
Retainer Policy: The session retainer pays for the time and talent of the photographer and for your in-person viewing appointment if desired. It does not include any finished portraits and is $50-$100 (depending on session type). It will be processed at booking as your non-refundable retainer. This guarantees the time and date allotted for you. Should payment not be received in this time frame, MM reserves the right to offer the date and time to another client. The balance of your chosen collection shall be paid in full at the beginning of the event for the service to be provided. MM’s pricing is non-negotiable and is subject to change at any time. Session retainer fees are non-refundable, however they are transferable.
Scheduling: Weekend outdoor sessions are reserved for full sessions only. Mini sessions are intended to be scheduled M-Th, upon availability.
Payment Options: MM accepts cash, PayPal, Dwolla, cashier’s check or money order.
Minor/Model Release: A minor/model release will be required for every session. This gives MM permission to use the images for advertising purposes (blogging, business cards, posters, etc.) This also gives MM the permission to use the images on social media (Facebook, Instagram, Twitter), if you would prefer the images not be used on social media please let MM know!
Holiday Disclaimer: In order to provide the best service, MM cannot guarantee images to be available for Holiday cards, gift prints, etc. if scheduled session is not completed by or before October 31, 2016. Please note: If you are part of a MM first year collection, milestone sessions that fall in the months of November and December will not be guaranteed complete in time to order prints, products, etc. for gifts, etc. A separate session (i.e. mini session) must be scheduled prior to OCTOBER 31, 2016, if you would like your images used for holiday cards, gift prints, etc.
First Year Collection: It is the client’s responsibility to contact MM to schedule the next milestone session at least 2 (two) months prior to next milestone. Failure on client’s behalf in a timely manner may result in a delay in your baby’s next milestone session date.
Weather: Sessions will not be cancelled because of a weather forecast. Sessions may be cancelled due to severe weather conditions and will only be cancelled by MM within 30-45 minutes of the session time (locations and times are subject to change pending travel times and local weather). Morning sessions will not be cancelled due to wet grounds and sessions are not cancelled to due cloudy skies or fog. However, please be mindful of the weather conditions for proper attire.
Before Your Session: You will receive a newborn or a family preparation document link via email prior to your session. Please have your child(ren) rested, fed, dressed, a clean face and diaper, if necessary, and ready to go for their session. If you’re planning on your child napping on the way to the session, please arrive early so your child has time to wake up. MM asks that the child’s face be carefully looked at for any “leftovers” (milk mustaches, crumbs, etc.). Failing to do so could result in additional charges to remove any “preventable dirtiness”, upon request from the client during the editing process. This will also extend the length of time for receiving the completed gallery. If drooling is excessive from teething or child(ren) have runny noses due to a cold or cold weather is a factor, please come prepared to wipe faces. Check the temperature! If it’s between 60-70 degrees your child must have on a long sleeve shirt and/or layered with a sweater. MM will no longer photograph children that are not dressed appropriately for the day of your session. Children do not cooperate if they are cold! Spring/Summer type clothing will only be photographed if the temperature at the time of the shoot is over 70 degrees. Typically, this falls within the first week of June. Please empty your pockets of any bulky items (i.e. phones, wallets, keys, etc.). Please also bring chapstick and/or lip gloss along, chapped looking lips are difficult to edit. Clients are responsible for all location fees and permits.
Travel Fee: There is a minimum $30 travel fee for locations 20 miles outside of 53103.
Feeling Under the Weather: If you or your child(ren) are feeling ill, please call to reschedule. If you must reschedule, please try to kindly do so at least 24 hours before your session. The session fee will be retained by MM, however can be transferred to a different date, providing the date is within the same calendar year.
Cancellation: There shall be no refund of the session retainer after the signing of this Contract and the reservation of the session date. Any other arrangements shall be discussed between the Clients and MM. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform MM of the cancellation.
Change of Date or Venue: MM kindly asks that the Client get in touch with the Photographer 7- 10 Days prior to the date of the session in order to touch base and go over last minute details. MM will make every effort to contact the Client, but it is the Client’s responsibility to contact MM to confirm session and times.
Garments: The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.
During the Session: Although you may see MM taking multiple photographs during your session, MM reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within MM’s artistic standards. Images with eyes closed, heads turned, duplicates, etc. will not be shown and are removed from MM’s archives permanently after the artist rendering is complete. If the person(s) being photographed are unwilling to participate, if anyone in the session is behaving in a manner that the MM deems inappropriate or inconsistent with the purposes of the session or the failure of the client to adhere to the requirements set forth in this Contract, MM reserves the right to terminate the session. In the event of such termination, MM may offer to reschedule a session in its sole discretion; provided, however, that MM is under no obligation to do so. Under no circumstances will the session retainer be refunded. Personal cameras are not allowed during your session. Please refrain from taking phone camera images or video-taping. We work very hard to ensure your session is captured artistically and creatively. We ask that you respect our livelihood and refrain from taking photographs of what we are creating. You agree to hold harmless, Jennifer Zindars/Stephanie Street, their representatives, employees and MM, from any dispute in the event you or your family become injured during your session or while on the studio premises. MM and its representatives will not be held liable for any injury to you, your children or your family members, or for any damage to your property during the photo session or while on studio premises.
Re-Shoots: Re-shoots are at the discretion of the photographer and are not given for regretful choices such as hair and clothing choices or an uncooperative child. Please make sure everyone attending the session are well rested, fed and have clean faces!
After Your Session: MM knows that you are anxious to see your images and we’re excited to show them to you. However, please understand MM cannot respond to messages asking for an update/ETA on your images prior to MM’s time frame. This is to ensure MM spends all of it’s available time editing sessions to get them out to you on time. If there is a delay in your gallery, MM will message you.
Product Orders: Product orders are sent in twice a month, on the 1st and 15th. Payment is due when ordering. Once payment is received, orders will be placed on the next order date. For those previewing online, your gallery will be online for thirty (30 days). It is highly recommended that you make your purchasing decisions within this time frame. After your gallery expires, there will be $30 re-activation fee, no exceptions. We ask that you allow at least 2-3 weeks for delivery of your product from the order date. ***prints and products are to be picked up at the Studio in Big Bend, WI or there will be up to a $25 shipping fee with tracking applied***
Sales are Final: Due to the custom nature of each session, all sales are final.
Designing of Product: A proof of the designs will be shown to you. You may make up to two (2) revisions, any additional revisions after the allotted two, will be charged at $20 per change. If ordering products for a special occasion (i.e. Mother’s Day, Christmas, etc.), it is client’s responsibility to notify MM when scheduling the session that products are needed for a specific special occasion. Please allow time for completion of session and up to an additional 3 weeks for products.
Retouching: Any retouching beyond the basic retouching we automatically do (blemishes, small facial scars, bruises) will be charged a fee of $20 per image. This includes removal of small logos/stain on shirts, removing any “preventable dirtiness”, shirt wrinkles, etc.
Inherent Qualities: Client is aware that color dyes in products may fade or discolor over time due to the inherent qualities of dyes as well as DVD/CD media and/or USB Flash Drives, which may deteriorate due to delamination and oxidation, and Client releases MM from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.
Portrait Care: Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client.
Downloading your images: Client will use the link that is provided from MM to download full size, full resolution images. The ability to download your images will be available for thirty (30 days). It is highly recommended that you download and backup your images within this time frame. After your gallery expires, there will be $30 re-activation fee, no exceptions. A flash drive can be provided upon request and will cost an additional $10 + shipping, if applicable.
Printing your images: MM does not allow the use of drugstores (Walgreens), discount stores (Wal-Mart), or any chain stores. While exceptions are everywhere, MM has found time and time again that these labs utilize printing machines that make automatic contrast or color adjustments to images, which causes the print to look vastly different than the image you see on screen. Furthermore, these machines are usually not maintained by a staff that is trained to consistently produce quality prints and products. MM custom corrects the white balance for each individual session as lighting situations change depending on the elements during your session. Printing at a chain store results in their printing equipment trying to convert the images back to an auto color setting, which will rid the images of all the custom. MM recommends that our clients order through us or use Mpix.com for their prints, cards, books and other products they may purchase.
Force Majeure: If MM or its assigns cannot perform due to a fire or other casualty, strike or other civil disturbances, acts of God including, but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then MM shall return the moneys paid (less session retainer and expenses) to the Client, but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, compact flash/SD card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of MM. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. In the event MM fails to perform for any other reason, MM shall not be liable for any amount in excess of the retail value of the Client’s order.
Photographer: MM may substitute another photographer to take the photographs in the event of Photographer’s illness or scheduling conflicts. In the event of such substitution, MM warrants that the photographer taking the photographs shall be a competent professional.
Exclusive Photographer: MM shall be the exclusive photographer retained by the Client for the purpose of photographing the event. Guests, family and friends of the Client shall not be permitted to photograph.
Copyright Information: All images are copyrighted by MM, it is illegal and unlawful to scan, copy, or reproduce MM’s work in any manner or medium and punishable by law with fines starting at $150,000. As an artist, MM wishes to have complete control over the final look of client’s images. Scanned images distort and devalue the quality of the image and could be potentially damaging to the reputation as a photographer. The Photographer shall own the copyright of all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for MM’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of MM’s studio. Originals will remain the property of MM.
Client’s Usage: The Client is obtaining prints for personal use only, and shall not sell said prints. If Client is obtaining a print for newspaper announcement of a wedding, editorial use or website, MM authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for MM adjacent to the photograph.
This is a contract for personal photography services to be provided by MM and/or individuals subcontracted to do work for MM. The Parties agree to the above and below terms and conditions, and acknowledge that they have received, read, and understand MM’s current price list.
Wisconsin state taxes will be applied to all fees and products.
I, the undersigned, have read and understood the above policies.
To electronically sign please click here