DEFINITIONS
The Photographer: Brianna Hupp & Brianna Hupp Photography (BHP)

The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.

Proof: Samples of all edited photos, in which Brianna Hupp Photography (The Photographer) holds all exclusive rights to. These cannot be saved to Client’s computer, used on social networking sites, or printed, and will contain either Brianna Hupp Photography’s logo, watermark, or proof stamp. 

 

EXCLUSIVE PHOTOGRAPHER
Brianna Hupp Photography (BHP) shall be the exclusive photographer retained by the Client for the purpose of photographing the events occurring during the time period expressed in the chosen package. Guests, family and friends of the client shall not be permitted to photograph exclusive photos of the events occurring during the times expressed in the chosen package OR interfere with the Photographer’s duties. Photographs are subject to family/guest cooperation. ("Pull Backs" - A photo of the exclusive photographer, photographing her subject(s) - are acceptable, if discussed, before photo is captured.)
 

NON-REFUNDABLE BOOKING DEPOSIT & PAYMENT 
The Client agrees to pay a NON-REFUNDABLE DEPOSIT, to retain ‘BHP’, to perform the services specified herein, at the time of booking. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. Balance shall be paid in full during or before the event for the service to be provided. If the Client shall cancel this Agreement ANY deposit paid to ‘BHP’ is nonrefundable/transferable. With the exception of rain dates, for outdoor sessions, Clients are permitted one rescheduled session if rescheduling request is made at least 48 hours before the session (with the exception of proof of emergency). After one permitted rescheduling, any further rescheduling will require an additional booking fee to hold your spot.​

FAILURE TO PERFORM
If the Photographer cannot perform this Agreement due to a fire, other casualty or other cause beyond the control of the parties, or due to Photographer’s serious illness, then ‘BHP’ shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event ‘BHP’ fails to perform for any other reason, ‘BHP’ shall not be liable for any amount in excess of the retail value of the Client’s order.

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PHOTOGRAPHER'S STANDARD PRICE LIST
The charges in this Agreement are based on the 'BHP'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.
 

PROOF PHOTOGRAPHS
Proof photographs shall be delivered to the Client online at: bhuppphotography.wixsite.com/b-h-p/client-area-1. The client shall provide the Photographer with a written or typed list of the proof images from which final photographs are to be prepared, and specify the number and format(s) of the final photograph to be delivered for each proof image. (I.e. B&W images, personal retouches, etc.)
 

RUSH ORDERING
The Client agrees to pay additional charges for rush fees (demand for photos within 7 days) and agrees not to harass the photographer via email/phone/social media about the finishing processes. Deadlines will be respected. 

UNWILLINGNESS TO PHOTOGRAPH
The Client shall 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; etc. The Photographer shall not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation.
 

COPYRIGHTS & REPRODUCTIONS
The Photographer retains copyright in the photographs, and hereby grants the Client unlimited but non-exclusive rights to use or reproduce the photographs for which the Client pays. BHP's signature style and artistry is a combination of in camera skill and post production art. Thus, original, unedited copies WILL NOT be obtained by the client(s).
 

DIGITAL FILES
If digital files are a part of the purchase, your purchase of the digital files releases Brianna Hupp Photography from any liability due to loss or damage of the images and also releases from any obligation to maintain copies of any digital file, image or photograph. 
 

HARASSMENT & ABUSE
The Client is aware that any acts of sexual, physical or verbal etc. abuse and/or harassment will not be tolerated and 'BHP' reserves the right to wave this and exit the session if the photographer feels threatened or uncomfortable. In such circumstances, no refund will be given in compensation for personal trauma.
 

TRAVEL FEES
The Client agrees to pay travel fees if the location selected for the session/event is more than 10 miles away from the photographer's home/office. The charge for travel is $0.85 per mile driven, to and from the session. 

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RETOUCHING & EDITING
The Client is aware of the photographers' style and editing expectations at 'BHP'. We will not compromise on artistic vision or style. Basic retouching and editing is included in every session. Extreme photoshopping (subtle removing or addition of items, clothing, background people etc.) will be billed additionally $10.00/per photo requested; however, 'BHP' reserves the right to refuse any extreme manipulations of images. The photographer is not responsible for clothing or make-up malfunctions on products/services not provided by 'BHP' or associated businesses and will not be responsible for extensive editing.
 

MISC.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. The parties have read all pages of this Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by both parties. 
 

Applicable Law
This contract shall be governed by the laws of the County of Macoupin in the State of Illinois and any applicable Federal law.