A. Session Fees

Client agrees to pay photographer a $75 retainer at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. The full balance is due at the time of the session. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and images (amount depending on session) to be securely stored through Google Images. Additional editing is available at additional expense to be determined by photographer. Additional prints or digital images may be available for purchase.

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B. Location Costs & Fees

If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel within 25 miles or 30 minutes, whichever occurs first during travel from photographer's home location of 1287 French Road, Depew NY 14043.   Any location outside of these limits will be subject to an additional charge of $.50/mile as part of the agreement.

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C. Rescheduling

If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.

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D. COVID-19 Disclaimer

Due to the COVID-19 Pandemic, photographer reserves the right to reschedule/cancel photo shoot if they obtain knowledge that the subject or subjects have been in contact with anyone that has been tested positive for COVID-19, and does not have negative testing results dated within two weeks prior to scheduled session. If the photographer feels the session must be rescheduled to a time greater than 2 weeks, photographer's creative fee will be refunded by 50%.

During the session, if the subject or event's patrons are observed to not be adhering to any mandate/executive order pertaining to the COVID-19 pandemic enacted or required by either the CDC (Center for Disease Control), the state of the location of the session, or both, including but not limited to social distancing, use of face coverings, exceeding the number of patrons allowed in a venue, the photographer reserves the right to end the session out of the health and safety of their own with a 33.33% (1/3) refund of the creative fee only. Any other fees paid to the photographer will be retained without refund. Photos taken prior to the end of the session by the photographer will be released in its raw form without edit to the above contact via email or dropbox account within 7 days of photo session. After the release of photos and signed agreement of receipt from the contact, the photographer releases any responsibility of the session and can not be held legally liable.

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E. Re-shoots / Refunds

Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair, unruly or disruptive behavior of children, or weather related circumstances.

Refund authorization and amount of refund will be determined at the discretion of the photographer and will be provided within 30 days of refund authorization date via certified check or money order mailed to the contact's mailing address above.

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F. Archive

After eighteen (18) months, all images will be purged from photographer’s hard-drive and digital cloud drive, and will no longer be available for use, delivery, printing, editing, or enhancement by the photographer or contact. Photos that are used for promotional purposes, to be determined by photographer at photographer’s sole discretion become property of the photographer only and may not be granted release to the contact. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.

The following surcharges apply if session photos are requested to be redelivered, printed, or both after photo delivery date. This surcharge will be in addition to any applicable fees to redeliver and/or print photos:

1-29 Days - 15% Creative Fee Paid for Session

30-59 Days - 25% Creative Fee Paid for Session

60-89 Days - 50% Creative Fee Paid for Session

90-179 Days - 75% Creative Fee Paid for Session

180 Days to Purge Date (18 Months)- 100% Creative Fee Paid for Session

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G. Payment

All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.

Payment can be obtained in the form of cash, money order, personal or certified check, or cash transfer programs or "apps" including but not limited to Venmo, Zelle, Facebook Pay, and Cash App. Credit Card and Debit Card Payments must be made through the above cash transfer apps and are subject to a 7.5% surcharge to cover cost of app's fee to transfer money to photographer.

Personal Checks to pay for the balance of the session fee must be no later than 14 (fourteen) calendar days prior to the session, to ensure payment is honored by financial institution. Personal Checks will not be accepted as payment if the session is less than 14 (fourteen days) away. Personal Checks that are not honored by its financial institution will assess a $50 returned-check fee, which will be added to balance every 7 (seven) days until new payment is provided. Personal Checks will not be honored as an acceptable form of payment if a check is returned. Funds must be paid in cash, money order, certified check, or cash transfer app.

The contact agrees to not stop payment of check or file dispute with their credit or debit card company simply because they are not satisfied with their photos.

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H. Client Dissatisfaction

In the event that the cli8ent is not satisfied with their received, they are to contact the photographer by email or in writing within 7 (seven) calendar days of photo delivery so the photographer may come up with a suitable resolution including but not limited to rescheduling of session (if applicable) at no additional cost except if travel costs are applied, partial or full refund determined at discretion of photographer, or reprinting/retouching/enhancement of photos. After 7 (seven) calendar days, the contact must complete a new contract and session and be subject to standard applied fees, unless the photographer decides on any form of discount.

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I. Damage

Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.

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J. Model Release

I hereby give to Michael Cardarelli, photographer of MCPhotography by Mike Cardarelli the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:

 a) To copyright the same in the photographer’s name or any other name that he/she may select;

 b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;

 I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.

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K. Liability

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 photographer from any claims against their person or their business. 

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L. Copyright & Penalty 

MCPhotography by Mike Cardarelli retains all copyrights to all images created during client’s session. A print release will be included with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by MCPhotography by Mike Cardarelli during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file. 

Note from photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them. 

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M. Session Requests 

 *No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session.

*Session starts at the agreed upon time. It is strongly encouraged that client arrives 15 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins. If there are any delays in client arrival including but not limited to weather, traffic, or access to venue, the photographer will remain at the session location up to 30 minutes after the scheduled session time. The photographer will try to make any effort to contact the client during that time, but is not obligated to do so. A No Show Fee of 25% of the Creative Fee will apply if the client does not arrive after 30 minutes of scheduled session time.

 *Please do not bring any children under the age of 16 not being photographed to the session.

* Please make sure hair is combed and face is clean and free of runny noses or eyes. 

 *Please avoid eating or drinking red or orange food or drinks before session, as red and orange tend to leave a stain on the face.