Portrait Photography Client Agreement

This Portrait Photography Client Agreement (“Agreement”) is entered into between TOPTIA Photography (“Photographer”) and the individual or entity booking a session (“Client”), collectively referred to as the “Parties.”

By booking a session, Client acknowledges and agrees to the following terms.

1. Session Booking and Fees

1.1 Session Fee. A non-refundable session fee is required to secure Client’s session date. This fee reserves the date and covers Photographer’s preparation, planning, and time. The session fee is due at the time of booking and is non-refundable within 7 days of the photo session.

1.2 Additional Purchases. Following the session, Client may purchase additional products and services, including but not limited to retouched digital files, prints, albums, and other offerings as listed by Photographer. All additional purchases must be paid in full before delivery.

1.3 Payment. All fees are due in the amounts and by the dates specified at the time of booking or purchase. Photographer reserves the right to withhold delivery of any images, prints, or other products until full payment is received.

2. Cancellations and Rescheduling

2.1 Cancellation by Client. If the Client cancels a booked session for any reason within forty-eight (48) hours of the date booked, the session fee is forfeited and will not be refunded or credited toward a future session.

2.2 Rescheduling. Client may reschedule a session with at least forty-eight (48) hours’ advance written notice to Photographer, subject to Photographer’s availability. Rescheduling requests made with fewer than forty-eight (48) hours’ notice will be treated as a cancellation, and the session fee will be forfeited and will need to be paid again to book a new session date

2.3 Cancellation by Photographer. If Photographer must cancel a session due to illness, emergency, or circumstances beyond Photographer’s reasonable control, Photographer will offer Client a rescheduled date at no additional cost or a full refund of the session fee, at Client’s election.

3. The Session Experience

3.1 Be Fully Present. Photographer is committed to creating a meaningful and elevated experience for every Client. To honor this, Client agrees to arrive fully present and focused. Client should refrain from scheduling appointments, calls, or other commitments immediately before, during, or after the session. Distractions take away from the experience, and Photographer wants Client to be entirely focused on elevating themselves and their vision.

3.2 Session Conduct. Photographer reserves the right to end a session early if Client’s behavior is disruptive, unsafe, or otherwise interferes with the session. In such cases, no refund of the session fee will be issued.

4. Client Communication and Timely Response

4.1 Communication Window. Client agrees to respond to Photographer’s requests for information, approvals, scheduling confirmations, and proof selections within five (5) business days of receipt.

4.2 Effect of Delay. Delays in Client’s responses may result in corresponding delays to session planning, retouching, print production, and final delivery timelines. Photographer is not responsible for any delay caused by Client’s failure to respond within the communication window.

5. Image Delivery

5.1 Delivery Timeline. Photographer will deliver edited images within seven (7) days following the session date, provided Client has fulfilled all communication and payment obligations. This timeline may be extended in the event of Client delays under Section 4.

5.2 Editing Discretion. Photographer retains full creative discretion over the editing, retouching, and final presentation of all images. The number of final edited images delivered is at Photographer’s sole discretion unless a specific number has been agreed upon in writing.

6. Print Orders and Product Fulfillment

6.1 Print Collection Designs. Print collection designs, layouts, and formatting are set by Photographer with the exception of color selections and print collection titles, which may be customized per Client’s preference.

6.2 Client Approval Required. Photographer will not confirm any print orders with the overseas print lab until Client has reviewed and approved the final images to be used. Once Client provides written approval, orders will be placed and are considered final.

6.3 Production and Delivery. As print orders are fulfilled through an overseas print lab, production and shipping timelines are estimates and may vary. Photographer is not liable for delays caused by the print lab, customs, or shipping carriers.

7. Copyright and Image Usage

7.1 Copyright Ownership. All images produced during the session are the creative and intellectual property of Photographer. Photographer retains full copyright in all images at all times.

7.2 Personal Use License. Upon full payment, Photographer grants Client a non-exclusive, non-transferable, revocable license to use the delivered images for personal, non-commercial purposes only. Personal use includes printing for personal display, sharing on personal social media accounts, and similar private uses.

7.3 Restrictions on Client Use. Client may not: (i) use any image for commercial purposes, including but not limited to advertising, product packaging, or resale; (ii) sell, sublicense, or distribute images to any third party; (iii) alter, manipulate, or edit images in any way, including applying filters, cropping, or overlaying text or graphics; or (iv) remove or obscure any watermark, credit, or metadata embedded in the images. Any commercial use requires a separate written license agreement and may involve additional fees.

7.4 Special Circumstances. Requests for usage beyond the personal use license granted in this Section, including commercial licensing, may be discussed on a case-by-case basis and require a separate written agreement.

8. Model Release and Marketing Use

8.1 Grant of Release. Client grants Photographer permission to use images from the session for Photographer’s professional purposes, including but not limited to: (i) portfolio display, both online and in print; (ii) social media marketing and content; (iii) website display; (iv) advertising and promotional materials for Photographer’s business; and (v) editorial use, competition submissions, and educational materials.

8.2 No Compensation for Marketing Use. Client acknowledges that no additional compensation, royalty, or payment will be owed to Client for Photographer’s use of images as described in this Section.

8.3 Opt-Out. If Client does not wish for their images to be used for marketing or promotional purposes, Client must notify Photographer in writing prior to the session date. Photographer will honor reasonable opt-out requests; however, opting out may limit Client’s eligibility for certain pricing or promotional offers at Photographer’s discretion.

9. Limitation of Liability

9.1 Equipment and Technical Failure. In the unlikely event of equipment failure, memory card corruption, or other technical issues resulting in a partial or total loss of images, Photographer’s liability is limited to a refund of the session fee paid. Photographer is not liable for any indirect, incidental, or consequential damages.

9.2 Force Majeure. Neither Party shall be liable for failure to perform obligations under this Agreement due to causes beyond their reasonable control, including but not limited to natural disasters, pandemics, government restrictions, or other force majeure events.

10. General Provisions

10.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Japan.

10.2 Dispute Resolution. Any dispute arising out of or relating to this Agreement shall first be addressed through good-faith discussion between the Parties. If the Parties are unable to resolve the dispute informally, either Party may pursue resolution through the courts of competent jurisdiction in Tokyo, Japan.

10.3 Entire Agreement. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior agreements, representations, and understandings, whether written or oral.

10.4 Amendments. No modification to this Agreement shall be effective unless made in writing and agreed to by both Parties.

10.5 Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.