SESSION DETAILS

$350 TOTAL SESSION PRICE, PAID UPFRONT

HOLDING THE SCHEDULED DATE & TIME OF YOUR SESSION

SKILLED EXPERTISE & USE OF PROPS

EDITING & HAND RETOUCHING

CONVENIENT ONLINE ORDERING

The all-inclusive newborn mini is the only session that is one price, paid upfront and it includes 5 high resolution digital images. This session is 1 hour long and is for baby only, no parents or siblings. This session includes approx 5-7 poses in simple props chosen at the photographers discretion. Due to the shorter time limit, baby may be awake for some or all of the poses. This means baby may also be wrapped/swaddled in various ways for many or all of the poses if they do not doze off.

If you are looking for the poses that include outfits and the naked, curled up, sleepy baby poses then the mini may not be a good fit for you & you would want to schedule the regular newborn session.

Your final preview images will be presented in a private online gallery for you to choose from. These sessions are preferably scheduled around 12 - 17 days old so please contact me as soon as possible to schedule your session according to your estimated due date. These sessions take place in my cozy studio in Little Chute.

1. Retainer and Payment. The Client shall make a non-refundable retainer payment within 5 business days of scheduling the session to the Photographer to perform the services specified herein. This retainer holds your session date/time and includes the photographer's time, talent, use of props, editing & retouching, and convenient online ordering. The retainer fee does not apply toward your session order of any package collections, prints, digital files, or products - it is the cost for your scheduled session day/time. Upon payment, Photographer will reserve the time and date.

Payment for session purchases, print, product, or digital file orders shall be submitted to Photographer within 5 business days of the final order. Final orders are due 10 days after your gallery is opened.

Any payment plan agreements agreed to by Photographer and Client shall be included as an addendum to this agreement. A late payment fee of 5.5% shall be applied to the late payment amount in accordance with the payment plan agreement. No products shall be delivered until the entire amount is paid in full.

All sales are final. Prices listed on the site do not include sales tax. 5.5% WI sales tax will be added to all retainer fees and order totals.

2. Cancellation. If Client requests to amend or reschedule this agreement 2 or more calendar days before the agreed upon session date, the retainer shall be applied to a mutually agreed upon reschedule date. If Client cancels (or fails to show) 2 or fewer calendar days before the agreed-upon session date, the retainer shall be forfeited. If Client cancels and does not reschedule the session at all within 48 hours of cancellation, the retainer is forfeited.

3. Rescheduling/Late Arrivals. In the event that the Client requests to reschedule a session, the retainer shall be applied to a rescheduled date if notice is given within 48 hours prior to the scheduled session. Reschedules must be within the same calendar year. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session. Clients shall not be compensated for the time deducted from the session due to the late arrival of the Client. Sessions are only allowed to be rescheduled once. After that, a new, non-refundable, retainer fee will be required to reschedule.

4. Preparation and Exclusive Photographer. It is understood that no other photographer, amateur or professional, shall be allowed to photograph at the session while the Photographer is working due to reasons of the Photographer delivering the quality of images as expected. Any breach of this agreement (including iPhone photography) can constitute a reason for non-completion of the job with no liability to the Photographer. Please refrain from the use of personal cameras, camcorders, or camera phones while the Photographer is working.

* Newborn Session Specific: While newborn photography can be unpredictable the Client shall do their best to keep the baby awake for roughly 60 minutes before the session. This simply means please do not let baby sleep a solid 3 hours before their session and expect the Photographer to still be able to produce the images portrayed in their portfolio. Baby shall be fed prior to the beginning of the session and during the session as needed. The Client is expected to bring enough milk to the session for their baby as the Photographer cannot settle or soothe a hungry baby. This is very important as the Photographer will not proceed with a visibly hungry baby. The baby should be dressed in loose-fitting clothing for ease of changes for portraits and to reduce any elastic clothing markings on their skin. See preparation details in the guide for further helpful hints.

* Newborn Session Specific: It is highly encouraged that siblings not attend the newborn mini-session. This is for safety reasons and ensures proper attention can be directed toward the newborn client.

5. Subjects. The Client shall maintain control of all other subjects including small children and/or newborns siblings. It is the responsibility of the Client to ensure the cooperation of additional subjects/small children and that they do not intrude on the baby’s immediate area (newborn session specific) or cause any damage to studio property or injury to themselves. The Client shall provide all necessary controls over any additional subjects. The Photographer will not be held accountable for any missed images due to the Client or any additional subjects (such as in family sessions) or young children's lack of cooperation. The Photographer retains the right to end any session if she feels subject to harassment or any and all unsafe conditions.

6. Circumstances.

* Newborn Session Specific: If the Photographer is unable to perform the session due to the baby’s disposition, condition, or circumstances listed within this contract, the Client shall be allowed to reschedule only at Photographer’s discretion.

* Re-shoots are at the discretion of the Photographer and are not given for regretful personal choices such as (but not limited to) hairstyle, clothing, location, lack of subjects' cooperation or attendance, or facial expressions.

7. Completion Schedule. Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this agreement.

* Prints shall take approximately 2 weeks from the time of the final print order to be processed and delivered to the Client.

* Canvases, albums, and other specialty items may take up to 6 weeks from the date of final design approval by the Client to be received by the Photographer.

Client should place orders with sufficient time to allow for normal delays and notify Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turnaround. An expedited fee of $50 shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

8. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Client shall receive a preview gallery of approx. 15 - 40 images (depending on the session type and description) to select from and shall not receive any photographic materials not presented to the Client including but not limited to RAW or unedited digital files. The number of final given images is subject to the type of session performed. Please see the portrait session information to review what is included in all types of sessions.

9. Photographic Materials. All photographic materials, including but not limited to RAW digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this agreement. No products, including digital files, will be released until the agreed-upon amount is paid in full per the payment schedule outlined in this agreement.

The Photographer shall make gallery previews available through an online gallery-proofing website. These previews shall be available to the Client within 3-4 weeks of the photographic event. If an online proofing gallery is delivered, the client shall have 14 days from the date the link is emailed to open and view the images. The proofing gallery will be activated the first time the password is entered and it shall remain open for 10 days only thereafter. If the Client requests to extend the time or reopen the online proofing gallery, a $75.00 un-archival fee shall apply.

All ordered images will be archived for 12 months and will be available for repurchase at the current print prices. If the Client requests the proofing gallery to be reopened ($75.00 fee) or wishes to purchase additional prints after the initial order was placed, a minimum print order of $100 will be required.

If an initial order is not placed within 30 days of the date your gallery is delivered to you all images will be purged.

10. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions, and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.

It is understood that any duplication (unauthorized copies, scans, shares, prints) or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include but are not limited to, the application of filters, cropping, or modifications of any kind. 

If the Client steals images via any method listed above, or any other method, the Client will be invoiced for the cost of EACH digital image the Client has stolen, at the Photographer’s current price per digital file.

The Photographer does not provide the Client permission to resize photographs for Internet-based usage, if digital files are purchased the Photographer will issue web-sized images for that use.

The Photographer does not grant permission to the Client to reproduce images that have not been purchased. A print release will be provided with the purchase of digital files granting the Client permission to print portraits for personal use. The print release does not allow selling or altering of your images without the Photographer’s written permission. 

11. Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints and digital files are for personal use only and shall not be submitted to contests or reproduced for commercial use. Further, the Client shall not authorize reproductions by non-purchasers covered within this agreement. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release provided.

12. Social Media. The Client may share web and blog post links and social media albums through the use of the share functions and dissemination of direct links. Client shall not copy, download, screenshot, or capture the photographs in any other fashion from social media posts made by the Photographer or from their private proofing gallery.

13. Failure to Perform/Force Majeure. Neither party shall be liable for any costs or damages due to delay or nonperformance under this Agreement arising out of any cause or event beyond such Party’s control, including but not limited to Acts of God, fire, flood, explosion, earthquake, or other natural forces, war, civil unrest, accident, work stoppage, power or other mechanical failures, governmental action, or communication disruption. A Party claiming the benefit of this provision shall, as soon as reasonably practicable after or during the occurrence of any such event, (a) provide written notice to the other Party of the nature and extent of any such Force Majeure condition; and (b) use commercially reasonable efforts to remove any such causes and resume performance under this Agreement, as applicable, as soon as reasonably practicable. If a reschedule is unable to be agreed upon, the Photographer shall return only the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited to only returning any retainer paid.

14. Substitute Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

15. Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

16. Travel and Overage Fees. The Client shall pay 57.5 cents per 1 mile outside the Zip code of 54952.

If there are any costs/fees associated with the location the client has chosen for their session, the Client will be responsible for those fees. The Photographer will not guarantee or arrange payment at any location. The session fee does not cover travel costs.

17. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to Calumet County and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $1,000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

18. Indemnification. The Photographer shall be held harmless for any and all injury to the client & all subjects during the course of the photography session and the immediately surrounding events, both in the studio and outdoor locations. The Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release the Photographer from any claims against their person or their business.

19. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The laws of the State of Wisconsin shall govern this Agreement.

20. Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.

21. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

22. All Other Print/Quality Information. The Client is aware that color dyes in photography products may fade or discolor over time due to inherent qualities of dyes, and the Client releases the Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.

Brightness, color, and contrast vary from monitor to monitor. The Photographer's monitor has been calibrated and matched to professional photo printing labs. Please keep this in mind when you are viewing your photos online via personal computers, laptops, or phones.

Gallery proofs are cropped in a 4x6 ratio, alternate cropping will occur in alternate print sizes.

Portrait Care: Handle your prints and fine art products with extreme care. Damage incurred because of improper handling, storage, or framing is the liability of the customer. Please ask if you have questions or need assistance in displaying your images. The Photographer fully inspects all orders for delivery and is not responsible for damaged products after they have been delivered.

Due to the custom nature of this work, all sales are final.

Additional modifications or editing requested by the Client, such as the removal of braces, or extensive editing will incur a retouching fee of $25 per image.

23. All Other Payment/Delivery Information. You will be directed to complete payment for the session/session fee retainer upon signing of this legal document via Square. No session is considered 'booked' until this form and payment are both completed. 

5.5% WI sales tax is added to all retainer fees and orders.

Only images 8x10 and smaller will be shipped if you live outside of the Fox Valley area. All local orders and oversized images or products must be picked up unless previously arranged before your order is placed, additional shipping charges will apply.

Any and all bank charges due to non-sufficient funds charged to the Photographer will be the responsibility of the Client. Furthermore, any and all chargebacks or disputes on retainers and services rendered via credit card or online third-party payment services (such as Square) will be subject to criminal charges under the theft of services Wisconsin Statute 943.50 and 943.51.

MODEL RELEASE

By digitally signing this document I give Leah Islinger Photography permission with respect to photograph the people (including any minors) described below.  I warrant that I am the parent or legal guardian of any said minors and have full right and authority to grant this consent on behalf of such minor(s).

1. Photography Event. This model release applies to the photography session described in this document/contract.

2. Models. The release includes all of the following models listed below.

3. Promotional Authorization. By signing this document I authorize the Photographer to use and create images for promotional material, online usage, and other areas of marketability.  I further authorize the distribution of photographs to potential clients of the Photographer for portfolio purposes. I agree and understand that the photos will be taken digitally. I acknowledge and agree that Photographer shall have the exclusive, perpetual, and irrevocable right to take, use, re-use, publish, and republish photographic materials which contain my image. I also consent to the use of the minor’s own name or any fictitious name which may be chosen in connection with the aforesaid photographs.

4. Compensation. By signing this document I further acknowledge that I will not be compensated, either now or at any time in the future, for any use of marketing and that the Photographer of such photos exclusively owns all rights.

5. Photographic Materials. By signing this document I hereby acknowledge and agree that the Photographer may modify, change, or alter such images without restriction, that the photographs created by the Photographer shall become and remain the exclusive property of the Photographer, and that I retain no rights to said photographs unless specified particularly in this agreement.

6. Claims. By signing this document I also hereby waive all rights and claims and release the photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use, and exploitation of the photos. I hereby covenant and agree that I shall not bring any action or proceeding or maintain a complaint against the photographer in any court of law, state or local, or before any administrative body, related in any way whatsoever, to the use of the photographs. 

I hereby waive any right that I may have to inspect and/or approve the photographs or any advertising copy that may be used in connection therewith or the use to which it may be applied.  I hereby release any and all claims whatsoever in connection with the use of the minor’s photograph and name and the reproduction thereof as aforesaid.