2021 Newborn Session Client Agreement

GENERAL INFORMATION

Session Location: We will determine the location ahead of time and will travel in our own vehicles to the chosen location (if needed). We are going to follow adequate physical distancing protocols set out by the Provincial Health Officer. If feasible, we may travel by foot or by vehicle to other nearby places.

MODEL RELEASE

Felicia Chang Photography own the copyright to the images captured during the session. The images that I (Felicia Chang Photography) take of you or your children are the property of Felicia Chang Photography. The images may not be used by the models for promotional and/or commercial material such as websites or printed materials. The client will not be compensated now or in the future for use of the image/print in any way whatsoever, commercially or otherwise.

I have read and understood the model release. If the model is a minor, I represent that I am the parent/guardian of the minor child. *

By providing your electronic signature, you are providing consent for Felicia Chang Photography to photograph the subjects listed and use these images as indicated under the Terms of Use below.

CLIENT CONTRACT

A.) Unforseen Circumstances: In the event that you will be late or unable to attend, please made every effort possible to contact Felicia (604-961-6592) as promptly as possible. In the event that Felicia must cancel the shoot, this contract will be null and void.

B.) Digital Negatives: Due to the nature of this project, I cannot guarantee a minimum number of deliverable images. I will however, do my best to give you as many images as possible. Final edited digital files will be available within 2 weeks of session date in an online gallery. The gallery will be available for seven days. I am not responsible for loss or damage to the digital files due to circumstances beyond the photographers' control. It is important to back up any digital files received.

C.) Liability: Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and themselves and release Felicia Chang Photography from any claims against their person or business.

D.) Copyright: Felicia Chang Photography retains all copyrights to her images created during client’s session. A print release is included in this agreement, which allows for the printing of digital images for personal use only. It does not allow publication of your images (i.e. entering in contests), selling or altering of your images without the photographer's written permission.

By selecting "I Agree" you are agreeing that you have read and agree to comply with the policies set forth by Felicia Chang Photography.

SPECIFICATIONS

Photographer agrees to provide the Services pursuant to the specifications set forth in this contract 
(the “Specifications”).

(a) Model Release
. By signing this contract, the said above is signing for all persons to be included/photographed on the day of the event. If one in the party does not agree to the details outlined in this contract they must not participate in the session.

(b) Permissions. I hereby grant the Photographer permission to use the images of the individual/individuals (as signed on behalf of the person engaged in this contract) for any reasonable purpose, including but not limited to (social media) marketing, portfolio, contests, exhibitions, galleries, educational material and educational promotions, and/or editorial purposes.

Notwithstanding the above, Felicia Chang Photography hereby agrees not to use or publish any images with nudity, or those which contain sensitive content without my prior consent.

I also acknowledge and agree that the images taken are the Photographer's exclusive property and that the Photographer maintains the full copyright.

(c) Editing. I acknowledge that the Photographer's artistic approach is documentary in style. I thereby agree not to request editing in the form of cloning, liquifying, smoothing, and other forms of digital alternations to the photo files.

(d) Delivery of Proofs. Photographer will use reasonable diligence in the development of the Proofs and endeavour to deliver to Client all agreed-upon Specifications outlined in this contract with an estimated delivery time of 2 months. Photographer will not be held financially responsible for deliveries past the 2 month mark. Client acknowledges that this delivery deadline listed is an estimate, and is not a required delivery date. Photographer will retain all rights to any and all photographic materials, custom shots, proofs, or other intellectual property for the entire project and will provide the Client with the output formats only.

(e) Gallery viewing. Photographer will provide Client with an on-line gallery to view the Proofs. The Gallery will be available to the Client for 2 weeks from the initial delivery for viewing and ordering. If Client fails to make selections within the 2-week period, and did not provide notice in writing for a delay, late charges of gallery extension will be accrued at $25/day.

(f) Files. Client acknowledges that it is his/her responsibility to make backup copies of the digital files that have been delivered. The Photographer is not responsible for any loss of files after delivery is completed.

COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, provincial, and local governments and British Columbia's Public Health Officer, Dr. Bonnie Henry, recommend maintaining a physical distance of at least 2m/6ft.

Felicia Chang Photography (The Photographer) has put in place preventative measures to reduce the spread of COVID-19. The Photographer try to maintain 2m of distance from you and/or your family members, when possible. In situations where that is not possible, the Photographer will wear a non-medical (cloth) mask. However, The Photographer will not be responsible for reminding young children to maintain physical distancing.

The Photographer cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, an agreement to receive photography services from Felicia Chang Photography could increase your risk and your child(ren)’s risk of contracting COVID-19.

In the days leading up to, or on the day of, the session, if you have any possible symptoms of cold or flu, please contact The Photographer to reschedule the session after 14 days.

By selecting "I Agree" you are agreeing that you have read and agree to comply with the policies set forth by Felicia Chang Photography.

ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren), family members, and I may be exposed to or infected by COVID-19 by agreeing to receive photography services and that such exposure or infection may result in personal injury, illness, permanent disability, and death.

I understand that the risk of becoming exposed to or infected by COVID-19 during the session may result from the actions, omissions, or negligence of myself and The Photographer.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren), other family members, or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I, my family members, or my child(ren) may experience or incur in connection with us during the session. On my behalf, and on behalf of m family members and my children, I hereby release, covenant not to sue, discharge, and hold harmless The Photographer, and from Claims, including all liabilities, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of The Photographer, whether a COVID-19 infection occurs before, during, or after the session.

By selecting "I Agree" you are agreeing that you have read and agree to comply with the policies set forth by Felicia Chang Photography.