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Head Shot Session Fee: $100 Includes: 2 professionally edited pictures delivered in digital format (file format and sizing to be determined by client)
1. Parties. The Client listed above is hereinafter referred to as the “Client.” Mariel Hensley Photography LLC is hereinafter referred to as “Photographer.” Photographer is in the business of providing professional photography services and products and Client wishes to retain Photographer’s services for the session set forth above.
2. Head Shot Session Details. The Client is hiring the Photographer for one 20 minute head shot sessions, which will be held at the Photographer’s studio located at 1201 Front St, Klamath Falls, OR 97601.
3. Above listed fees must be paid in full before sessions can take place.
4. Rescheduling/Cancelling. Photographer may reschedule the session due to Photographer’s illness or inclement weather and will work with Client’s schedule to reschedule as soon as possible. If Client needs to reschedule due to illness of anyone involved in the session, Client will do his/her best to notify Photographer at least 48 hours prior to the session, or at least as soon as possible after the illness is identified.
5. Proofing + Ordering. Individual clients will select their images at the end of the session. Approximately 7 days after the session date, 1 professionally edited digital images will be emailed to the client (file formats and sizing still to be determined by Client.) Not all images taken during the session will be presented to the Client.
6. Editing. Client agrees and understands that Photographer edits the proofs at his/her own artistic discretion, and said editing is included in the session fee.
7. Refunds. Due to the custom nature of prints and photographic art products prints, all purchased products cannot be returned and all money paid is nonrefundable.
8. Archive and Storage. The Photographer archives all proofed images from each session for a period of 1 year from the date of the session. After that time, the Photographer deletes all proofed images from her hard drive and all external hard drives. The Photographer is not responsible for digital files once they are purchased and received by the Client. The Client is responsible for making electronic back-up copies of any digital files that are purchased from the Photographer and for keeping them in a safe place.
9. Force Majeure. Photographer will not be liable to the Client for any loss resulting from an act of God, natural disaster (including but not limited to fire, earthquake, storm, hurricane, flood, lightning, tornado), an accident of any kind, an act of the public enemy, war, general arrest or restraint of government and people, civil disturbance or similar occurrence, terrorist attack, general disruption of the Internet, or general inability of national carriers to make scheduled deliveries.
10. Limitation of Liability; Release of Photographer. If Client has any claim or cause of action against Photographer under this Agreement or based on the services provided hereunder, whether arising in tort or contract, or if Client (or Client’s minor child or children which participate in the photography session hereunder) is personally injured while Photographer is providing the services under this Agreement, even if based on or caused by Photographer’s negligence or the negligence of Photographer’s employees or independent contractors, Client’s recovery and Photographer’s liability is limited to the total amount paid from Client to Photographer under this Agreement and Photographer will have no further liability to Client, regardless of the total amount of costs or damages, including but not limited to direct, special, incidental, indirect, or consequential damages, claimed by Client. Client’s recovery is likewise limited to the total amount paid from Client to Photographer under this Agreement in a situation where the digital files or film negatives are lost or damaged through camera malfunction, where Photographer’s camera(s), memory cards or film negatives are stolen, or where Photographer’s equipment is otherwise lost or damaged.
11. Model Release. Client hereby grants to Photographer and his/her legal representatives, heirs, and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s likeness and photographs and likeness of all persons involved in the session, including Client’s minor children set forth on the first page of this Agreement, for marketing, advertising, portfolio, website, and other purposes, in any manner and to alter the same without restriction. Client hereby releases Photographer and his/her legal representatives, heirs and assigns from any and all claims and liability relating to the photographs.
12. Copyright. Client understands that Photographer is the sole and exclusive holder and owner of the copyright of each image taken during the services provided under this Agreement. Photographer retains all rights to the images, including but not limited to, the right to sell, copy, display, and/or publish any and all images, for any reasons, including but not limited to marketing, advertising, print competitions, and for use on Photographer’s website and portfolio. Copyright protection is governed by federal and any and all violators will be punished to the fullest extent of the law permitted.
13. Sever ability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect.
14. Entire Agreement; Amendments. This Agreement is the entire agreement between the parties regarding this subject matter and supersedes all prior agreements and understandings related hereto. This Agreement can only be amended or modified in a writing signed by both parties, including any rescheduling or cancellations.
15. Governing Law, Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Oregon, without giving effect to the principals of conflicts of law. The parties consent to jurisdiction and venue in the state and federal courts located in the State of Oregon.
16. Counterparts; Electronic Signatures. This Agreement may be signed in any number of counterparts, each of which shall be deemed an original, and all signatures together shall constitute one and the same agreement. This Agreement may be signed via fax, email or other electronic means, any of which will be fully binding as an original signature.
WHEREFORE, the parties execute this Agreement on the date first written below.