Portrait Contract
Client Services Agreement
Lori Thomas Photography / Swirls Studio 7 Photography
How to schedule:
To secure a session date, a non-refundable retainer and a completed online agreement are required.
Session details:
Once a session has been scheduled for the agreed-upon time and location, it is considered confirmed under this Agreement and may not be changed without the Photographer’s consent. Any requested changes must be submitted in writing at least forty-eight (48) hours prior to the scheduled session.
After your session:
Following the session, the Photographer will submit the images for professional editing. An online proofing gallery for viewing and sharing will be delivered to the Client via email.
Standard turnaround time is 7 to 14 days from the date of the session, unless a rush processing fee has been applied.
Late fee: If the Client arrives late for their scheduled session, the full session fee will still apply, even if the appointment is shortened. The Photographer must be compensated for the reserved time, which may not be reallocated to another client. Late arrivals will incur a fee of $50 for every thirty minutes past the scheduled start time. These additional charges are payable within seven (7) days of the session. Fees are assessed in thirty-minute increments.
Clients may reschedule their session without penalty up to three (3) days prior to the appointment. By signing this Agreement, the Client agrees not to dispute or reverse any charges. Should any concerns regarding fees or refunds arise, the Client agrees to communicate directly with Swirls Studio 7 Photography to resolve the matter.
Reserved time:
The appointment time is reserved exclusively for the Client. In the event of a late arrival, the Photographer’s reserved time cannot be reallocated to another client, and the full session fee remains due.
Disruption to schedule:
Late arrivals may result in delays that affect the Photographer’s schedule and subsequent client appointments.
Provider's financial needs:
Charging for late arrivals is a standard practice for many studios and service providers to offset expenses and compensate for lost income due to unproductive or reserved time.
Postponement:
The Client acknowledges that any postponement of the scheduled assignment may result in expenses and financial loss for the Studio/Photographer. Accordingly, the Client agrees to provide the Studio with a minimum of forty-eight (48) hours’ notice prior to the scheduled assignment for any rescheduling.
If notice of a postponement is given less than forty-eight (48) hours before the assignment, the Client agrees to pay a fee to cover any expenses or losses incurred by the Studio/Photographer as a result of the late notice.
For the purposes of this Agreement, “Postponement” is defined as the rescheduling of the assignment by the Client with at least forty-eight (48) hours’ notice to a mutually agreed-upon date, not to exceed twenty (20) calendar days from the original assignment date.
Cancelation: The Client acknowledges that cancellation of a scheduled assignment may result in expenses and financial loss for the Studio. Accordingly, the Client agrees to provide at least seventy-two (72) hours’ notice prior to the scheduled assignment to minimize the Studio’s costs, expenses, and loss of income.
Due to the custom nature of the assignment and the Studio’s inability to book other clients during the reserved time, any payment received for a scheduled assignment is non-refundable in the event of cancellation.
For the purposes of this Agreement, “Cancellation” is defined as the Client’s decision to cancel the assignment without rescheduling. In such cases, the Client remains responsible for all applicable fees.
Liability: The Photographer shall not be held liable for any injuries sustained by any participating parties during the session. The Client assumes full responsibility for themselves and any minor children in their care and agrees to release and hold harmless the Photographer and the Studio from any and all claims, liabilities, or damages arising from such participation.
Upon delivery of digital images or products in exchange for full payment, the Studio shall have no obligation to retain or store such images on behalf of the Client. Due to the custom nature of the services provided, all sales are final, and no refunds will be issued once a download PIN has been used and/or products have been received.
Copyright:
All images remain the exclusive intellectual property and copyright of Swirls Studio 7 Photography and may not be reproduced, distributed, altered, or used for any commercial purpose without the Studio’s prior written consent. Under no circumstances may images be watermarked, branded, or otherwise modified by any party other than Swirls Studio 7 Photography (Lori Thomas Photography).
Model Release: The Parent or Legal Guardian of a minor client grants the studio the irrevocable right and permission to use images of the client, captured during any portion of the services provided, for display, portfolio use, website publication, marketing materials, and other promotional purposes. Such use shall be without additional compensation to the client or the client’s representatives.
Digital Images: Once digital images have been delivered via email, all orders are considered final and are not eligible for cancellation or refund. By downloading the digital images, the client acknowledges acceptance and completion of the order.
Clients are advised not to screenshot images, as this will compromise print quality. To ensure optimal results, images should not be altered prior to printing. Raw image files are not provided. The client assumes full responsibility for backing up, archiving, and maintaining all digital files. As a courtesy, Swirls Studio 7 Photography retains archived copies of delivered files.
Prints:
Swirls Studio 7 Photography is not responsible for the longevity, quality, or any errors associated with prints or products produced by third-party vendors. The studio does not guarantee the durability or long-term quality of any prints, digital media, or files delivered to the client.
Jurisdiction and Venue:
This Agreement shall be governed by and construed in accordance with the laws of the State of California. The Client acknowledges that this Agreement is entered into in Sacramento, California, and that a substantial portion of the services contemplated herein will be performed within the State of California. The Client further agrees that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the Superior Court of California, County of Sacramento, and consents to the jurisdiction and venue of such court.
Attorneys fee provision:
In the event of any legal action arising from this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs, necessary disbursements, and attorneys’ fees incurred in enforcing the terms of this Agreement.
