Thank you so much for choosing me to capture your special moments. Non refundable deposit required to reserve a spot in my calendar: $75 at sarah.ansari@hotmail.com in order to confirm your booking and remaining payment with tax to be paid on session day OR no tax on cash payments only. Date and time of session will be decided when you inform me about baby's birth. Turnaround is between two-four weeks!
**Find session preparation guide under this questionnaire and read carefully for session day.**
Late arrivals are not entertained under no cost, your session time will start at exact time of your appointment time. Client will not be entertained more than the allotted time as per session package.
Styling: Parents should dress up real nice, nicely done hair and makeup can enhance your beauty. Only neutral colour clothing is preferred, avoid wearing dark colours & patterns. Family should wear colour coordinated clothing.
Free of cost client closet for women, newborns & children upto 3 years of age.
Instructions for newborn session:
Remaining payments are to be given on the session day plus hst. You can always upgrade your session. $25 per extra photo or discounted price $100 for 5 photos.
Thank you so excited to work with you ☺️ Follow me on Instagram/Facebook @sarahansariphoto
Best,
Sarah
Kindly review and accept the terms and conditions:
Client Service Agreement
Parties:
Known as "Vendor"
Sarah Ansari Photo
sarahansariphoto@gmail.com
(647) 554-7102
and
Known as "Client"
Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."
Purpose of the Agreement
Client wishes to hire Vendor to provide services relating to Client’s as detailed in this Agreement. Vendor has agreed to provide such services according to the terms of this Agreement.
TERMS and CONDITIONS
Delivery of Services. Vendor will provide all Services by unless otherwise specified in this Agreement.
Cost, Fees and Payment
Cost. The total cost ("Total Cost") for all Services is due in full by session date. Client shall pay the Total Cost to Vendor as follows:
The first payment is a non-refundable retainer of $75. At a minimum, Client agrees that the retainer fee fairly compensates Vendor for committing to provide the Services and turning down other potential projects/clients. Payments must be made in full plus tax on session date or before or after session services are provided. Sessions will be cancelled if they are not paid in full within three days of notification.
Exclusivity
Exclusivity. Client understands and agrees that he or she has hired Vendor exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Vendor hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.
Intellectual Property
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces, whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business. All images are copyright under the copyright law. By signing this contract, you are agreeing not to copy, save, or reproduce images in any way. In no way can the images be altered, changed or edited in photoshop. This includes copying and saving images from the website, blog, Facebook, or any other form of advertisement. Vendor will not provide RAW files.
Permitted Uses of Product(s). Vendor grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Vendor with attribution each time Client uses Vendor’s property. Personal use includes, but is not limited to, use within the following contexts:
* In photos on Client’s personal social media pages or profiles; or
* In personal creations, such as a scrapbook or personal gift; or
* In personal communications, such as a family newsletter or email or holiday card.
Additional fee of $100 plus hst will have to be paid in order to make exception for not posting session on social media.
Printing Recommendations.
The photographer is not responsible for printing errors or for quality of prints or products printed elsewhere.
Artistic Release
Style. Client has spent a satisfactory amount of time reviewing Vendor’s work and has a reasonable expectation that Vendor will perform the Services in a similar manner and style unless otherwise specified in this Agreement. Vendor has complete creative control and will determine poses of people/babies in accordance with their expertise. Vendor will not do any poses which are not safe or able to be achieved in a safe way or in a way which is representative of the Vendors artistic brand/vision. The photographer is the sole creative director at each session and knows what will work best for each family, child and newborn. Although it is ok with suggestion ideas, the photographer may or may not use them for a number of reasons - and mostly for safety reasons. If you have preferences of hats, headbands, using all, none, a mix or a little, EVERY REQUEST MUST BE MADE UP FRONT. Photographer will not remove hats, headbands or any props on baby after images have been submitted to client. If Client wishes to have something removed after gallery is delivered, Client will be billed at $25 per image for those photoshop edits. When it comes to newborn sessions: An awake baby and an asleep baby will do different poses and will be set in certain positions that are safest for the baby. If your baby does not sleep during the session, there are no refunds or reshoots of session. Baby's are unpredictable and are completely in control of the session. I simply document them as they exist at the time the best and safest way I know possible. If the photographer says that she will not perform a pose, please respect that it's the best decision for the safety of the baby. Photographer will not force any pose that puts the baby at harm, period. Your gallery may include all wrapped poses if baby does not sleep. No refunds for all wrapped poses. No refunds for a gallery set which Client does not prefer. By booking you trust the photographer and her ability to capture your baby in the best way possible - wrapped or unwrapped. For family sessions: If you have ideas, please discuss with photographer ahead of session. Family sessions are for 6 people maximum. More people will incur an extra charge $50 per person.
Consistency.
Vendor will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
* Photography services are often a subjective art and Vendor has a unique vision, with an ever-evolving style and technique;
* Vendor will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
* Although Vendor will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Vendor shall have final say regarding the aesthetic judgment and artistic quality of the Services;
* Dissatisfaction with Vendor's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
* All images are copyright and protected by the Copyright Act, c. C-42. By signing this contract, you are agreeing not to copy, save, or reproduce images in any way. In no way can the images be altered, changed or edited in photoshop. This includes copying and saving images from the website, blog, Facebook, or any other form of advertisement.
Limit of Liability
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Vendor.
Loss of Product.
In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Vendor shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided. If files are lost for any reason by photographer and client did not download files, absolutely no retakes or refunds will be given for missing or lost files. Please download all images and backup in multiple locations.
Indemnification.
Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Vendor provides to Client.
Cancellation, Rescheduling and No-Shows
Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, such as failure of the to occur or failure of one or more essential parties to the to show up in a timely manner, Client shall provide notice to Vendor as soon as possible via the Notice provisions detailed in this Agreement. Vendor has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client), and Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost. If clients are more than 20 minutes late to any session, they will be asked to reschedule at a time that is convenient to the Vendor. A $75 rescheduling fee is required to book any no show client. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the , or should it become impossible for Vendor to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Vendor is able to secure another, unrelated client for , then Vendor may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.
Impossibility
Force Majeure.
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within [number] days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of [number] days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.
Failure to Perform Services.
In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
* Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
* Attempt to find another competent professional to take its place with the mutual agreement of Client(s);
* If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will issue a credit based on a reasonably accurate percentage of services rendered for a future session of Clients choice to be approved by Vendor; and
* Excuse Client(s) of any further performance and/or payment obligations in this Agreement.
* Acts of God will not be considered for a refund, but rather a credit towards a future session.
Image Delivery & Download
Turn Time. 2-4 weeks after the session, you will receive your digital gallery online via email. The Client sees proofs ahead of time and will choose their digitals. Sarah Ansari Photo will edit those images and return the high resolution digitals 2-4 weeks after your choices have been made. Any edits after the gallery of processed images is presented to Client, additional editing fees will be due. Once images are downloaded there are no refunds and exchanges. Sarah Ansari Photo only keeps digital files for 2 months maximum and cannot guarantee any files can be recovered for the Client after that time. Please back up files immediately to 2 to 3 locations. Once a Client downloads any or all images from the gallery, that verified and confirms that the Client is 100% happy with the product, services, edits and quality of the photos. If you are not satisfied with any images, products or services you may NOT download any images from the gallery, take screenshots or or acquire that property in any way shape or form. Downloading galleries exempts the Client from requesting any edits, refunds or exchange of services. Galleries MUST be downloaded within 7 days. If files are lost for any reason by photographer and client did not download files, absolutely no retakes or refunds will be given for missing or lost files. Please download all images and backup in multiple locations. RAW files will be kept until six months period.
Modifications
If the client has a request for a small alteration of an image, please let the photographer know when you place your order. The photographer can address minor changes at no cost (fix blemishes, tighter crop, etc.), but more involved requests are billed at $25 per photo. The photographer will let you know if there will be extra charges before work begins. Once the requested changes are made, charges apply regardless of whether the final product is purchased.
Videos During Sessions
Videos are not permitted during sessions. Still photo are acceptable in moderation and at the consent of the photographer.
Pets
Pets are not allowed in the studio.
Additional Travel Fees
The client is responsible for covering additional fees and costs related to location choice (admission fees, parking, etc.). Travel above and beyond what photographer agrees to will be billed at a rate photographer and client agree to and must be stated up front in the initial invoice.
Model Release
Sarah Ansari Photo retains the copyright on all images (even those purchased digitally) and reserves the right to use the images for advertising, display, publication, or other purposes. The client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the photographer in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of this Studio/Photographer. Under no circumstances, can a client use these images for profit, commercial endeavors, professional display, or in competitions. Copying or scanning images from the client's gallery, Sarah Ansari Photo's website or blog is considered stealing, regardless of the intent for use. NOTICE OF COPYRIGHT: It is ILLEGAL to redistribute these photographs for profit or use other than private consumption without the photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties. Sarah Ansari Photo owns the complete rights to print, use in video, social media, online and for commercial use which may results in profit. The images are the sole rights of Sarah Ansari Photo. Client only has rights to reprint the images.
Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this
Agreement.
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.
(437) 616-6089
sarahansariphoto@gmail.com
755 Ledbury Crescent, Mississauga