My First Year Collection Contract & Payment

The below outlines terms and policies that Studio Eleven Photography, LLC adhere to. This is a binding contract between both Studio Eleven Photography, LLC and you, the client. This document outlines our policies so both parties can have a smooth and seamless experience. 

We are honored that you have selected Studio Eleven Photography, LLC for your studio and on location photography services. The following sets forth the terms and conditions of our engagement. 
Client Information
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Please fill out each category below. Please include the names and birthdays of all participants. Thank you! 
Definition:  

Model: means me and includes appearance, likeness and form
Media: means all media including digital, electronic, print, television, film and other media now known or to be invented.
Photographer: means photographer, illustrator, filmmaker or cinematographer or any other person or entity photographing or recording me. 
Assigns: means a person or a company to whom photography has assigned or licensed rights under this release as well as the licensees of any such person or company. 
Images: means all photographs, films or recording taken of me as part of the shoot.
Consideration: means something of value I have received in exchange for the rights granted by me in this release. 
Shoot: means the photographic or film session described in this form. 
Parent: means the parent and/or legal guardian of the model, parent and model are referred to together as we and us in this release. 
Minor & Model Release:

For good and valuable consideration herein acknowledged as received and by signing this release, I hereby give Studio Eleven Photography, LLC and/or assigns my permission to license the images and to use the images in any media for any purpose which may include among others, advertising, promotion, marketing and packaging for any product or service without oral or written disclosure to me. I agree my images may be combined with other images, text and graphics and may be cropped, altered and modified. I acknowledge and agree that I have consented to public publication of my ethnicity(ies) as indicated below but understand that other ethnicities may be associated with images of me and/or my minor children by Studio Eleven Photography, LLC and/or assigns from descriptive purposes. 

Studio Eleven Photography, LLC and/or assigns have the absolute right and permission to take, use public and republish photographic portraits or pictures of the minor or in which the minor may be included, in whole or in part or composite or distorted in character or form, without restriction as to changes or alterations from time to time in conjunction with the minor's own or fictitious name or reproductions of such photographs in color or otherwise made through any medium at Studio Eleven Photography, LLC studios or elsewhere and in any and all media now or hereafter known, including the internet for art, advertising, trade or for any other purpose whatsoever. I also consent to the use of any published matter in conjunction with such photographs and any designs. I specifically consent to the digital compositions or distortion of portraits or pictures including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. 

I waive any right that I, or the minor, may have to inspect or approve any finished product(s) or the advertising copy or printed mater that may be used in connection with such photographs or the use to which it may be applied. I understand the images of myself, my family and any minor(s) may be used in public service advertisements without oral or written notification. 

I release, discharge and agree to hold harmless and defend Studio Eleven Photography, LLC and/or assigns from any liability by virtue of any reason in connection with the making and use of such photographs including blurring, distortion, alteration, optical illusion or use of a composite form, whether intentional or otherwise that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy. 

I agree that I have no rights to the images and all rights to the images belong to Studio Eleven Photography, LLC and/or assigns. I acknowledge and agree that I have no further right to additional consideration, compensation or accounting and agree that this is binding upon my heirs and assigns. I agree that this release irrevocable, worldwide and perpetual and will be governed by the laws of the State of Minnesota, USA. 

I nearby warrant that I am a legal competent adult and the parent or legal guardian of the minor(s) and I have ever right to contract for the minor in the above regard. I state further that I have read the above authorization, release and agreement prior to its execution and that I am fully familiar with the contents of it. This release shall be legally binding upon the minor and me, and our respective heirs, legal representatives and assigns. 

Studio Eleven Photography, LLC Policies: 
Studio Operation:

Studio Eleven Photography, LLC is owned and operated out of lower level of the home of Chris and Tracci Lyon, located in Redwood Falls, Minnesota. Sessions are to be held on location or in studio. The entire lower level of the home is designated for client use. This property is pet friendly and smoke free. 
Session Fees:

Session fees are due in full at the time of booking. The session fee reserves the session date and time, pre-session planning, the use of props and backdrops (this is specific to the session, please see: www.studio11photomn.com/investment for what is included for each respective session), candid and intentional posing again dependent upon the type of session, twenty (20) high resolution edited digital images, in person gallery reveal & image selection session, private online gallery for download and a personal print release. Should the client desire their images placed onto a CD or USB drive, a $25.00 fee will be assessed in additional to tax. 

Without full payment, the session is not booked. The session fee does not include tax and is subject to change without warning. Exceptions to this clause includes mini sessions, promotional sessions (e.g.: model calls and giveaways) as these sessions state what the client is to specifically receive in exchange for their time. 

Session fees are non-refundable. In the event of inclement weather, illnesses and emergencies, Studio Eleven Photography, LLC will reschedule the session as soon as possible. If the client should need to reschedule their session, they are allowed to do so once (except for illnesses and emergencies). If the client cannot make the rescheduled session, the client will be required to re-book their session and pay the session fee again, at current pricing. The client may transfer their session toward another session type however may not transfer their session to another individual. Studio Eleven Photography, LLC will transfer the dollar amount paid toward the new session fee, priced at current pricing. 

Pricing for Studio Eleven Photography, LLC's sessions and services may change at any time without notification to the client. The client is guaranteed the quoted price for services for seven (7) days upon receipt of the quoted services. It is only upon booking the client will be guaranteed the quoted price for services. 
Travel & Location Fees: 

The client is responsible for covering any additional fees and costs related to on location choices (e.g.: admission fees, parking, etc.). Studio Eleven Photography, LLC includes up to fifty (50) miles round trip from 56283 in the session fee. Time and travel above this will be invoiced as the following: $50.00 for locations beyond 50-100 miles, $75.00 fee for locations beyond 100 miles. 
Payments & Credits: 

Studio Eleven Photography, LLC accepts cash, checks and credit/debit cards with the Visa, MasterCard, Discover and American Express logos. Sessions are not booked until full payment has been rendered and has cleared by the client's bank. Returned checks are subject to a $35.00 additional fee to the original amount and an alternative payment will be required. Studio Eleven Photography, LLC will meet the client at the studio for offline payment. 
Sales Tax: 

All sales are subject to 6.875% Minnesota Sales Tax. 
Gift Certificates, Credits and Special Offers: 

Gift certificates, credits and special offers are non-transferrable and cannot be redeemed for cash. These services are subject to expiration and must be used by their disclosed dates or are forfeited in full.
Rescheduling and Cancellations: 

Requests for rescheduled are granted only at Studio Eleven Photography, LLC's discretion. Studio Eleven Photography, LLC reserves the right to reschedule in the event of inclement weather, illnesses and emergencies. The client is allowed to reschedule the session once, (unless in the event of inclement weather, illnesses and emergencies). The client will need to hold the rescheduled session within thirty (30) days of the original session date. Otherwise the client will forfeit the session fee and will need to rebook at current pricing. 
Illnesses:

Sessions must be rescheduled out of respect for other clients and Studio Eleven Photography, LLC's assigns in the event the photographed individual(s) is/are ill or anyone in the client's household has been ill. The individual must be fever free for at least twenty-four (24) hours and free of any visible signs of illness, including but not limited to vomiting and diarrhea. 
Reshoots: 

Reshoots are granted only at the discretion of Studio Eleven Photography, LLC. If granted, Studio Eleven Photography, LLC may delete the set of images from the first session and shoot a new set entirely or may combine the two sessions. This is done solely at the discretion of Studio Eleven Photography, LLC and/or assigns. 
Refunds: 

Due to limited availability and custom nature of photography, all sales are final. Session fees, credits and special offers are non-transferrable and cannot be redeemed for cash or be applied toward other special offers. If the client's order does not meet their expectations, it is the client's responsibility to contact Studio Eleven Photography, LLC within forty-eight (48) hours of receiving their order. Studio Eleven Photography, LLC will work within reason with the client to resolve the issue.
Order Satisfaction: 

Studio Eleven Photography, LLC is not responsible for lost, stolen or damaged digital files, prints or products nor is responsible for client error. It is the responsibility of the client to verify the correct images desired are ordered before Studio Eleven Photography, LLC and/or assigns place the clients order. Studio Eleven Photography, LLC cannot fix or refund orders in the event of client error. Once digital products have been released to the client, via online gallery, USB, CD or through another format, Studio Eleven Photography, LLC has no further ability or responsibility to modify or correct any ordered products or orders. Studio Eleven Photography, LLC is not responsible for the damage of portraits, products or digital images during or after transport. Studio Eleven Photography, LLC is not responsible for troubleshooting, or providing support to clients for digital download delivery of their images. Client assumes all responsibility for the safety of portraits upon receipt. If the client requires a replacement for digital images, there will be a $25.00 fee in addition to a $25.00 un-archvial fee contingent on if we have not purged the files. Prints will need to be re-purchased at our current pricing. 

Studio Eleven Photography, LLC provides the client with detailed printing and preservation instructions with ever order. Prints, products and digital images will be cropped and colored the way Studio Eleven Photography, LLC believe will print best. Some images, particularly those shot in low light, may have visible digital noise, especially when enlarged. This is normal, but may not be visually pleasing. If the client crops the image too tightly or chooses a low grade printing lab, the photograph will lose resolution and the image will appear pixelated. To ensure best print quality, Studio Eleven Photography, LLC and/or assigns requests the client avoids altering images before printing. Studio Eleven Photography, LLC is not responsible for printing errors or for prints or products not printed through them. The client releases Studio Eleven Photography, LLC from accountability from poor print and product quality created from third party sources. The client is aware that color dyes and materials in photography may fade or discolor as time passes due to inherent dye and decomposition qualities. The client releases Studio Eleven Photography, LLC and/or assigns from liability from any claims whatsoever based on fading or discoloration due to such inherent qualities. 
Image Selection/Print and Product Ordering:

Studio Eleven Photography, LLC and/or assigns will upload images onto the computer and begin editing at their soonest convenience. Images will be culled and edited according to Studio Eleven Photography, LLC's policies. The client will receive notification from Studio Eleven Photography, LLC's and/or assigns at the completion of editing and request to setup the client's in person gallery reveal and ordering session. The client will view the edited images at this time and make their designation. The client must choose their twenty (20) images from this gallery. The client cannot combine or mix/match from previous or future sessions. Studio Eleven Photography, LLC will provide a gallery of at least twenty (20) digital images for the client to choose from. A specific number cannot be quoted as session time and participant cooperation varies greatly. Exceptions to this clause includes mini sessions, promotional sessions (e.g.: model calls and giveaways) as these sessions state what the client is to specifically receive in exchange for their time. Once images have been chosen, Studio Eleven Photography, LLC will release the images and upload them for digital download in a private password protected online gallery. Client will have thirty (30) days to download the images. 

For printed products, Studio Eleven Photography, LLC will not release orders or approve orders to the lab until the client has paid for their order in full. Custom design mockups and order processing will be filled and processed within fourteen (14) days. In the failure of the client to approve, modify or decline these mockups or fail to provide Studio Eleven Photography, LLC the necessary information that are a part of the client's collection, Studio Eleven Photography, LLC and/or assigns will fill the order for the client using their own selections from the client's session to prevent backlogging for other clients. Studio Eleven Photography, LLC and/or assigns will immediately archive and/or purge images the client does not select at this appointment. Selected images will remain on Studio Eleven Photography, LLC's archives for thirty (30) days after which images will be purged except as needed for marketing purposes to be determined by the sole discretion of the photographers. 

Digital Delivery of Images:

Once images have been downloaded, they will be located on the client's computer. Generally, this is under the 'Downloads' folder on a Mac, or 'Temporary Files' on a Windows computer. We are unable to assist in locating those files so please be mindful of where the images have downloaded on the computer. Client is welcome to download the gallery as many times as desired for up to thirty (30) days. If client is having trouble downloading the images, some individuals have a firewall in place that prevents downloads. Client may need to temporarily disable this to allow for downloads. Client must use their own discretion. Studio Eleven Photography, LLC is not responsible for the consequences of this or for troubleshooting in this manner. USBs and CDs containing the images are available at an additional charge of $25.00 plus tax.
Session Readiness: 

Sessions will begin and end promptly as scheduled. If the client is late to their session, the client will only have the remainder of the allotted time; no more, no less. Studio Eleven Photography, LLC and/or assigns will wait fifteen (15) minutes past the start time of the session before considering the client as a no show. In the event of a no show, the client forfeits the entire session fee and will be required to book the session again at current pricing. It is the client's responsibility to contact Studio Eleven Photography, LLC and/or assigns by telephone, email or messaging in the even of tardiness or inability to attend the client's designated session date and time. 

All parties being photographed must be dressed, made up and prepared at the exact designated start time. Please have the parties' face washed, hair combed and teeth brushed before the session. 
Session Distractions: 

Studio Eleven Photography, LLC and/or assigns ask clients to bring only those that are being photographed to the session unless the client needs assistance managing their child(ren). Because it can be distracting to those being photographed, Studio Eleven Photography, LLC and/or assigns ask for minimal interaction during the session to ensure the subject is focused on the photographer thus allowing Studio Eleven Photography, LLC to do its job effectively. Additionally, other cameras, recording devices as well as using cell phone cameras and video are not allowed to be used during the session. 
Individual Cooperation: 

The photographer is not responsible if the client or the client's child(ren) or those being photographed fail to cooperate during the session. The photographer is not responsible for undesired mannerisms not limited to things such as: smiling, crying, shyness, grumpiness, refusal to cooperate or be posed or refusal to be photographed entirely. Studio Eleven Photography, LLC and/or assigns will proceed to photograph during the allotted session time despite having full cooperation or not. 
Rendering: 

The client will only see the images selected by the photographer for previewing. Images not selected are immediately culled and removed from Studio Eleven Photography, LLC's archives. Studio Eleven Photography, LLC does not sell or release unedited images to any party whatsoever. Each finished image is carefully rendered by the photographer to ensure maximum artistry and technical perfection. Images with eyes closed, heads turned, duplicates, etc. will not be shown to the client and are permanently removed from Studio Eleven Photography, LLC's archives. The client may not edit, modify or alter the images produced by Studio Eleven Photography, LLC and/or assigns. This includes filters, stickers, frames, color modifications, additional editing and other forms of alteration not listed here.
Editing:

Professional editing will include basic enhancements and fixes such as teeth whitening, blemish removal, skin correction and other technical fixes, at the sole discretion of the photographer and editor. Specialty editing such as cropping, coloring changing, hair coloring and flyaways, wrinkle removal, head swapping, body modification, eyeglass reflections and glares, removing objects and people out of photographs, etc are billed separately at $75.00/hour. Once the client has requested these changes, the charges apply regardless if the final product/image is undesired by the client. Studio Eleven Photography, LLC reserves the right to decline editing requests. 
Copyright:

Studio Eleven Photography, LLC owns and retains exclusive copyright to all of the images taken during the session and any designs or products created from those images. It is illegal for anyone other than Studio Eleven Photography, LLC to copy, scan, right click, save as, screen shot, unlawfully download, print, reproduce, obtain or retain images and designs from our website, blog, social media sites, advertisements and prints including but not limited to fees starting at $150,000 and imprisonment. Studio Eleven Photography, LLC reserves the right to refuse service and pursue legal action to anyone who infringes upon these copyright laws. Studio Eleven Photography, LLC reserves the right to require anyone to remove any image(s) obtained illegally. A copy of these laws and legal procedures can be found online: www.copyright.gov

Images purchased or relinquished via digital download, disc or USB drive are made exclusively for printing purposes. No purchasing party has any right or owns the or any part of the copyright of these images and designs. Publishing images on the web (i.e: Instagram, Facebook, Twitter, Flickr, etc.) are only permitted if the images are unaltered and retain Studio Eleven Photography, LLC's logo and credit is properly given. 
Privacy Policy: 

A complete description of our privacy policy can be found: http://www.studio11photomn.com/privacy-policy

If the client has any questions or concerns, they are free to contact Studio Eleven Photography, LLC. Studio Eleven Photography, LLC will answers questions and address concerns to the best of their ability. 
Indemnification and Liability:

Studio Eleven Photography, LLC's liability for its provision of services and products here under shall be limited to the amounts paid to Studio Eleven Photography. Studio Eleven Photography, LLC here under is not responsible or liable for any failure to provide any services due to any act of God, weather event, act of government or any other occurrence, act or event which is outside of Studio Eleven Photography, LLC and/or assign's exclusive control. 

Studio Eleven Photography, LLC shall not be responsible for equipment failure or the failure of any software or computer or electronic medium which results in any damage to any proofs, negatives, prints or photos or which result in the ability to print or duplicate any of foregoing. In the event of a camera or computer malfunction, Studio Eleven Photography, LLC and/or assigns's liability will be limited to retake the session whenever possible or refund the session fee if the images cannot be taken, determined solely at the discretion of the photographer. If the session fee must be refunded, Studio Eleven Photography, LLC will have no further obligation. 

The client will be responsible for any damage occurring to any of Studio Eleven Photography, LLC's equipment or property during or as a result of the event or the actions of the session attendees (including animals) or as a result of any condition or occurrence at an on-location session which results in damage, other than damage which results solely from Studio Eleven Photography, LLC's negligence.

Studio Eleven Photography, LLC is not responsible for injuries inflicted upon any participating parties. Client(s) will be responsible for themselves and their child(ren) and release Studio Eleven Photography, LLC and/or assigns from any claims against their person or their business.

The client agrees to release Studio Eleven Photography, LLC and/or assigns from any and all liability in the event of an allergic reaction. It is the responsibility of the client to inform Studio Eleven Photography, LLC and/or assigns of any and all allergies. If the allergy is unknown to the client and/or Studio Eleven Photography, LLC and is discovered at the time of the session or after the session, the client agrees to release Studio Eleven Photography, LLC and/or assigns from any liability, medical and legal repercussions.
Terms & Policy Agreement:

By booking/holding a session and/or placing a print/product order, the client is agreeing to all of these terms and conditions. If you agree to these terms & conditions set forth by Studio Eleven Photography, LLC, please type below. If you have any questions, please feel free to ask! Thank you!

Session Detail & Payment:
Our 'My First Year' collection includes:

-a standard newborn session: Our newborn sessions include up to 3 hours of session time, baby led posing*, posing for parents, siblings and immediate family. We also provide props, outfits, headbands, backdrops, etc. and welcome custom/unique props.  We also include twenty (20) high resolution edited digital images and host an in person gallery reveal & image selection session. Afterward, the images are uploaded to a private online gallery for download and a personal print release is issued. 

-a mini milestone session: Our mini milestone sessions include up to 30 minutes of session time, in studio location, pre-session planning, and we capture mainly candid expressions yet provide some posing. We do have several backdrops, props and outfits (up to size 6) made exclusively available to our clients. We also include twenty (20) high resolution edited digital images and host an in person gallery reveal & image selection session. Afterward, the images are uploaded to a private online gallery for download and a personal print release is issued. 

-a cake smash session: Our cake smash + splash sessions include up to 45 minutes of session time, pre-session planning, and we solely capture the candid expressions of your child as they devour their cake and splash around in a miniature tub. We provide the decorated 6 custom cake and allow clients to use the props we have to support the chosen theme. Outfits and personalized props are not included. All cake smash + splash sessions are held in studio and include twenty (20) high resolution edited digital images. We also host an in person gallery reveal & image selection session. Afterward, the images are uploaded to a private online gallery for download and a personal print release is issued.

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Sub Total
$600.00
TOTAL
$600.00

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