Service Agreement & Model Release

RESERVATION DEPOSIT: A Reservation Deposit of 50% of your total service cost is required in order to book your photoshoot and the outstanding balance is due upon approval of your digital proofs. After the deposit is received, your photographer will reserve the time and date you have booked and will not make other reservations for that time and date. For this reason, the Reservation Deposit is non-refundable even if the date is changed or photoshoot cancelled for any reason, including acts of God, fire, strike, and extreme weather. We will always consider any refunds for cancellations on a case by case basis and any refunds will be issued at your photographer’s discretion.

COMPLETION SCHEDULE: The Client agrees that no part of the Services, including previews (if any) will be delivered until the Outstanding Balance is paid in full. Digital proofs will be given to the Client after the photoshoot, in the form of an Online Photo Gallery, or other medium with Photographer’s watermark or other branding. Final edits without any watermark or Photographer’s branding will be given to the client after the Outstanding Balance has been paid.

PAYMENT BALANCE: The balance of the payment for photography services is due to be paid in full no later than 48 hours after the delivery of digital proofs by Photographer. Payments made any later than 14 days after the due date shall be subject to monthly interest charges of 5% of the package rate.

LARGER/CUSTOM SHOOTS: For larger customized shoots that require extra staffing and rented equipment and/or venues, the Client(s) is responsible for payment of all expenses incurred up to the time of cancellation of the assignment (unrefunded equipment/studio rental fees, independent contractor, photographer, assistant, catering, and any other fees.

FORCE MAJEURE: If Photographer cannot perform this Contract due to fire or another casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then Photographer will return your retainer, but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or other media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event Photographer fails to perform for any other reason, Photographer shall not be liable for any amount in excess of all monies paid.

RESCHEDULING: Client’s Retainer can be credited towards a future date for the same shoot on a date that both Client and Photographer have available. Failure to agree on a future date and time by Client and Photographer will result in forfeiture of the Retainer by Client. Rescheduling of customized shoots that require extra staffing and rented equipment and/or venues will be handled on a case to case basis, and you will be notified of the terms upon booking your session. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.

RESCHEDULING CREDITS: You are allowed two rescheduling credits for your shoot. Any additional request to reschedule will incur a $50 rescheduling fee and must be paid immediately to reserve your new date.

COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during photo sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, and hinders Photographer’s ability to obtain quality shots.

RESHOOTS: In the unlikely event that Client is completely dissatisfied with the final results, Photographer will reshoot the session at no additional charge one time. Client is then able to order prints or digital copies from the second portrait session only. If the Client should be unsatisfied with the results of the second session, all monies paid will be refunded and the Client will not retain any of the images. The Photographer will still have all rights to the Images of the session as set forth in this Agreement.

EDITING REQUESTS: Photographer has the right to refuse any requested edits to the images. Photographer retains the right to edit the photographs as Photographer sees fit based on experience and expertise and omit any image(s) that do not meet Photographer’s standards.

DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Photographer. In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client. The RAW/unedited images remain sole property of Photographer and will never be given or sold.

MODEL RELEASE: Client grants to Photographer and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and their legal representatives and assigns from all claims and liability relating to said photographs.

EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.

LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. Client agrees to hold Photographer harmless for any personal injury which may occur as the Client poses or works with Photographer.

PHOTOGRAPHER REPLACEMENT: In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.

CLOUD STORAGE: All packages include 60 (sixty) days of complimentary cloud storage of the photos from this shoot. Client understands and agrees that Photographer is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to Client.

INDEMNIFICATION: Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related retainers will be added on to the final balance and will be paid in full by Client prior to delivery of the proof book. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total retainers outlined in this Contract.

INDEPENDENT CONTRACTOR: The parties shall be deemed independent contractors for all purposes hereunder. Accordingly: (a) The Photographer will use its own equipment, tools and materials to perform its obligations hereunder. (b) The Client will not control how the Service is performed on a day-to-day basis beyond any deadlines created by this agreement. (c) The Photographer will be solely responsible for all state and federal income taxes in connection with this Agreement. (d) This Agreement does not constitute an employment, partnership, joint venture or agency between the parties hereto.

ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.

GOVERNING LAW: It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of California, without regard to the jurisdiction in which any action or special proceeding may be in.

SEVERABILITY: In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

LEGAL EXPENSES: In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing Party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.

CURRENCY: Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in US Dollars.