EmailMe Form - Cake Smash Contract and Questionaire

Name *

First Last

Email *

Address *

Street Address Address Line 2 City State / Province / Region Postal / Zip Code Country / Region

Phone *

### - ### - ####

Additional products:
What additional products, if any are you interested in ?

Contract

Your full cake package includes:

*UP to 1 hour session at Tara Biscardi's studio or chosen location. ( pre-discussed)
*pre-session consult
*Custom backdrop and setups to match chosen theme discussed between client and Tara Biscardi

*pass word protected online viewing gallery

*full editing of images

* print release

*up to 25 high resolution images via digital download
*specific discount off optional print purchases *

Agree

A retainer fee of $50 is due prior to your session to reserve your session spot. By signing this contract you agree to pay the retainer *

Agree

This agreement is between the Client, whose name and address is listed above, and Creative Heart Arts, Tara Biscardi
By signing this contract you are agreeing to the following:

• No images or products shall be provided before payment is made in full.

• Copyright: As a client of Creative Heart Arts, I understand that the images taken by Tara Biscardi are protected by Federal Copyright Laws and that I will not make ANY copies or reproductions in any form (print or electronic) without the express written permission of Tara Biscardi. Reproduction includes, but is not limited to scanning, downloading, right-clicking, e-mailing, saving to hard drive, posting on websites or blogs, photocopying, printing screen shots, or printing in any manner.
• As an artist, I reserve the right to artistically interpret what I see and in what ways I choose to photograph a scene. This may mean that some shots are color, some are B&W. Images presented to the client are the only images available.
• If the subject is a minor I certify that I am legally able to give consent for the minor child.
• I agree that Creative Heart Arts retains the copyright of all original images and reserves the right to use and reproduce them to promote her business including, but not limited to, website images and marketing displays.
• Due to the artistic nature of custom photography all sales are final.
** I understand my deposit is non refundable, but in the event the session needs to be cancelled for any reason , the credit will be put towards another session. *

Agree

Terms and Conditions

1. Retainer and Payment. The Client shall pay a retainer in the amount of $50 to the Photographer to perform the services specified herein. The client shall pay the retainer upon booking a session. The balance of the session is due the day of the session. This retainer and remainder of the balance are payable via cash, check or via PayPal.

2. Cancellation. If Client shall cancel for reasons that are acceptable to the photographer, your retainer shall be used AS a credit towards another session.

3.Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer.

4.Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, and client does not want to reschedule, then the Photographer shall return the retainer 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 or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

5.Photographer’s Standard Price List. The charges in this Agreement are based on the current session fee. The session fee is adjusted periodically and future sessions shall be charged at the prices in effect at the time when the session is booked.

6. Print Orders: Print orders must be made and paid in full at the time of ordering and your final print order will be ready approximately 2-3
weeks after the order is placed and paid for.

7. Portrait Care: Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client.

8.In the interest of fairness to all of my clients, I am unable to offer special deals or discounts except for those that may run occasionally as promotions. For this reason, please understand that session fees, print prices and business policies are non-negotiable.

9. Indemnification. The Photographer shall be held harmless for any and all injury or illness to client during the course of the photography session and the immediately surrounding events.

10. Recording Devices. Recording devices such as cameras, video recorders, and cell phone cameras, are allowed with the permission of the photographer. Please ask before you begin to shoot

11. Session Participants. Only those being photographed need to attend the photo session. Due to overwhelming stimulus and limited space, only clients being photographed are allowed to attend the session, unless otherwise noted and approved by photographer.

12. Cooperation. The Photographer is not responsible if the Client or child fails to cooperate during portrait sessions. The photographer is not responsible for undesired child mannerisms not limited to things such as: type of smile, crying, shyness, grumpy, non-cooperation, or refusal to take photos.

13. Reshoots. In the unlikely event that the Client is completely dissatisfied with the final results solely based on personal preference, Photographer will reshoot at a 25% discount from the original session fee. Client will receive the second session only, not both the first and second. In the unlikely event that there was a camera malfunction, Photographer will reshoot at no additional charge. If session cannot take place due to extreme weather conditions such as extremely high temperatures or unexpected storms, Photographer and Client will reschedule on an agreed upon date with no additional charge.
15.- Due to nature of the photo session and for the safety of all, If Client is feeling ill, or has been around someone who is ill including but not limited to fever, cold, viral infections, headache, sudden loss of smell or taste, stomach viruses,or cough, the Photographer has the right reschedule the session.

******COVID photography liability release*********
______ I,__________________________________ , knowingly and willingly consent to a photography sessions with Tara Biscardi from Creative Heart Arts

______I understand the COVID-19 virus has a long incubation period during which carriers of the virus may not show any signs or symptoms and still be highly contagious. I understand Tara Biscardi, photographer atCreative Heart Arts, will take all precautions suggested with COVID-19 prevention but it is impossible to determine who has it and who does not given the current limitations in virus testing.

______I understand that should I be diagnosed to be COVID-19 positive within 14 days following my session with Tara
Biscardi and Creative Heart Arts , I will contact Tara Biscardi and Creative Heart Arts ) to let them know of my positive diagnosis.

______I release Tara Biscardi and Creative Heart Arts from any and all liability associated with receiving a COVID-19 positive diagnosis following our session.

______ I confirm that I am not presenting any of the following symptoms of COVID-19
* Fever
*Shortness of breath
*Dry cough
*Runny nose
*Sore throat
**Diarrhea
*Sudden lose of smell or taste

______ Should I present with any of these symptoms, 14 days prior up to the day of my scheduled session, I will contact Tara Biscardi and Creative Heart Arts to reschedule my session.

_______ I understand that Tara Biscardi and Creative Heart Arts reserves the right to cancel or reschedule any session at any point in time due to COVID-19 implemented regulations, health concerns, possible exposure, or arising symptoms of COVID-19, and is not liable for any costs accrued by the client (i.e. hair appointments, cakes, balloons, etc) in association with my session.

______ I understand that I/We may be asked to wear masks during our session with Tara Biscardi and Creative Heart Arts and I/We are willing to do so. *

Agree

Please Digitally Sign Below

I certify that I am at least 18 years of age. I have read the release, copyright and policy information herein and fully understand the contents. I agree that I have the legal authority to grant these permissions and and I accept all responsibility for such.

Agree

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