Gift Cards for Purchase
This purchase gives you the opportunity to book a session for your friend, co- worker, family member, significant other, or whomever you choose. The Portrait gift card is anything other than Boudoir and The DirtieBirdies gift card is, of course, Boudoir. After purchasing you will receive an email confirmation and I will mail you a physical gift card to your home address. You do not have to pick a date or plan anything, that is up to the receiver of the card!
Choose your location:
The package fee and photo sessions are subject to the following contract terms:
This Portrait Agreement (“Agreement”) is entered into as of the date the Package is purchased by and between The Sparrows Eye Photography, a sole proprietorship in the state of Tennessee, and city of Knoxville with a primary address of Knoxville, Tn. 37921 (“Photographer”), and the person whose name and address is provided when purchasing the Package (“Client”), each a “Party” and collectively the “Parties.”
For good and valuable consideration, which the Parties hereby acknowledge, the Parties agree as follows.
The terms “Photographer,” “photography team,” “us,” “we,” and “our” refer to The Sparrows Eye Photography and all agents, employees, or other representatives.
The terms “you” and “your” refer to the Client, all agents, employees, family or other representatives.
The term “including” means “including, but not limited to.”
The term “session”, “event”, and “photography session” refers to a hired photographic session for the purposes of taking custom photographs of the Client or those they designate.
The terms “agreement” and “contract” refer to this duly executed contractual obligation between parties.
Booking and Payment
Purchasing the Package will entitle the Client to request the dates and locations for their selected photography sessions, subject to Photographer's approval. The Photographer's total fee and the photography session duration will be specified when selecting the Package. The date(s) scheduled for photography services must be within one year of the date the Package is purchased. The Package rate is non-refundable.
Completion schedules and delivery of products will be determined from the date of pictures taken each month.
A digital download will be available to you within 14-20 business days from your session. This gives ample time for the photo session to be processed and delivered to the Client.
Use of Independent Contractor
In the event a third-party Independent Contractor is hired for services and/or products for the photographic event, the Client agrees that Photographer will not liable for any actions committed by the Independent Contractor, or for products provided by such Independent Contractor. Client agrees to indemnify and hold harmless Photographer for the same. Client acknowledges the need to communicate with the Independent Contractor regarding any allergies to any product provided by the Contractor and agrees to communicate with Independent Contractor regarding the provision of services by the Contractor. The Client will retain full responsibility for failing to provide feedback on any services, including hair and make-up, prior to the session. The session will not be re-photographed due to dissatisfaction in these services without prior notice.
Photographic Materials & Artistic Rights
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, will 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 Client will only use the photographic prints, including digital files, in accordance with a Print Release, which will be incorporated with this agreement. Client cannot make any edited versions of the gallery pics using filters or editing tools received, but may use for adding text for Marketing flyers and such and posts on social media.
The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client will receive a gallery of at least but not limited to 15 images per session photographs to select from and will not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control.
Products Included & Additional Purchases
The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders will be charged at the prices in effect at the time when the order is placed.
Products included within the session price are as follows:
At least 10-15 high-resolution digital files of candids, and every client that uses the photo setup delivered digitally via gallery Pixieset provided by Photographer.
For purchase of images and products, Photographer will provide a print release form for printing and ordering.
Photographer is not responsible for behavior of parties involved with the shoot, with the exception of Photographer’s personnel. If the desired outcome of your session is jeopardized by the behaviors of parties involved with the exception of Photographer’s personnel, Photographer cannot be held responsible. The Client will assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer's direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer will not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation.
Photography and Videography
The Client will not engage in photography or videography during the course of the photographic session unless otherwise agreed to by the Photographer. Engaging in this behavior entitles the Photographer to end the session without refund or reschedule available to Client.
Failure to Perform
If the Photographer is unable to perform this Agreement due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer and the Client will make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer will return the initial nonrefundable payment to the Client and will have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability will be limited to cost of the Agreement. In no event will Photographer be liable for any amount exceeding the cost of the Agreement.
The Photographer reserves the right to provide a substitute with another photographer in the event Photographer is unable to perform. 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. The original terms of this agreement will remain in effect.
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 will be charged at the prices in effect at the time when the order is placed.
Indemnification & Liability
Client agrees to indemnify, defend and hold harmless Photographer 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) Photographer provides to Client. Claims against Photographer for the delivered artistic works must be brought to Photographer's attention within one (1) week from date of. After one (1) week, the Client waives any right to submit a claim to Photographer for reimbursement of any fees previously paid or for her waiver or forgiveness of any fees that may still be outstanding
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 will not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
If either party to this Agreement brings a legal action against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party will 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.
The parties expressly consent to jurisdiction and venue of the federal and state courts of the State of Tennessee and the city of Knoxville/Knox county with respect to any suit, claim or dispute arising out of, or relating to, this Agreement. It is understood and agreed by the parties that the Court where litigation is first commenced will retain jurisdiction over any and all related claims or disputes arising out of and concerning this Agreement. Depending on which State/Tennessee any action may be commenced, this Agreement will be deemed to have been made in such State/Tennessee and will be governed by and construed in accordance with the laws of such State/Tennessee.
Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in interpreting this Agreement. The language in this Agreement will be interpreted as to its fair meaning and not strictly for or against any party.
Parties will provide effective notice (“Notice”) to each other via the email to the address listed below:
Photographer’s Email: TheSparrowsEyePhotography@gmail.com
Client Email: Email provided when purchasing the Package