Deposit Agreement

Non-refundable retainer · Version deposit-v3-2026-10-23

This Deposit Agreement is between Oleg Osypenko — Oh Baby Photography (the "Photographer") and the client named when signing (the "Client").

• Session: the session and package shown when signing
• Session date: the date shown when signing (or "To be scheduled")
• Amount paid now: the $100 retainer, or the full package price when paying in full

1. Non-refundable retainer. The $100 retainer reserves the Client's session date and is non-refundable. It is applied toward the total price of the Client's package. Because the Photographer's actual damages from a cancelled or forfeited booking would be impracticable or extremely difficult to fix, the parties agree that the retainer is a reasonable estimate of the Photographer's damages at the time of contracting (including reserving the date, turning away other potential bookings, and administrative time) and constitutes liquidated damages, not a penalty.
2. Rescheduling. In case of illness, the Client may reschedule the session at any time before it, even on the day of the session, by contacting the Photographer before arriving (by phone call or text message to (657) 557-4255, by email, or by Instagram message); the retainer then moves to the new date. Rescheduling due to illness is not limited in number. For any other emergency, the Client may reschedule the session one time, provided that notice is given at least 48 hours before the session.
3. Health & illness. The Client agrees to attend only if everyone attending is healthy (for the safety of newborn and expecting clients). If anyone arrives with visible symptoms of a contagious illness (such as a fever, coughing, sneezing or vomiting), the Photographer may cancel the session at any point. In that case the retainer is forfeited as liquidated damages under clause 1, and any amount the Client has paid beyond the retainer is applied to a rescheduled session or, at the Client's request, refunded.
4. Children under 7. Children under 7 must be supervised by an adult at all times and may not be left alone in the studio. While the Client and their partner are being photographed, another adult (not the Client or their partner) must stay with the child; without one, the Photographer will not be able to take the photos with the Client's partner.
5. Early birth. If the baby is born before a scheduled maternity session, the retainer is not lost: it will be credited toward a future Newborn or Family session with Oleg Osypenko.
6. Late arrival or no-show. If the Client fails to arrive within 20 minutes of the start time without notice, the session is cancelled and the retainer is forfeited.
7. Cancellation by the Photographer. If the Photographer cancels the session and no new date is agreed, the retainer is refunded in full, except when the session is cancelled under clause 3 because someone arrived with visible symptoms of a contagious illness: then only the retainer is kept, and any amount paid beyond it is applied to a rescheduled session or refunded at the Client's request.
8. Paying in full. If the Client pays the full package price upfront, the first $100 of that payment is the non-refundable retainer under this Agreement; the remainder is governed by the Photography Agreement and, if the session is cancelled under clause 3, is applied to a rescheduled session or refunded at the Client's request.
9. Payment authorization. The Client authorizes this payment and confirms that they are the cardholder or are authorized to use the payment method. Before contacting their bank or card issuer about this payment, the Client agrees to contact the Photographer first so that any question can be resolved directly. The Client acknowledges that this signed Agreement, together with its electronic signature record (date and time, IP address and device information), may be provided to their bank or payment processor in the event of a dispute.
10. Electronic signature. By checking the boxes and typing their full name, the Client confirms that they have read, understood and agreed to this Agreement and consents to sign it electronically. This electronic signature has the same legal validity as a handwritten signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA). A copy of the signed Agreement is emailed to the Client.