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Portrait Session Fee: $75 covers photographers time, talent and equipment, and is due at booking to reserve appointment. Digital File/ image packages sold separately after the session.
TERMS + CONDITIONS1.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. Potrait Session Details. The Client is hiring the Photographer for one 60minute portrait session, which will be held at the Photographer’s studio located at 1201 Front St, Klamath Falls, OR 97601 or at a mutually agreed upon outside location. Photographer will be the exclusive photographer during the session. No other photography is allowed.
3. Good Health. Client warrants that she is of good health and has either not had any complications with her pregnancy or that she has approval from her doctor or midwife to engage in said activity level associated with the planned maternity session.
4. Nonrefundable Session Fee. Client agrees to pay the session fee of $75. Client understands and agrees that Photographer is foregoing other employment by entering into this Agreement to secure the Client’s session on the Photographer’s calendar, and therefore, also agrees and understands that the paid session fee is nonrefundable.
5. 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. The nonrefundable session fee can be transferred to another day and time upon the rescheduling of a session, so long as the rescheduled session takes place within 4 weeks of the original session date, otherwise the retainer/ booking fee will be forfeited. If the Client cancels a session for any reason and does not reschedule within the provided 4 week period, the Client will forfeit the nonrefundable retainer/ booking fee.
6. Proofing + Ordering. Approximately 2 weeks after the session date, custom-edited proofs will be available for viewing in an online, password-protected gallery. The online gallery will be available for 4 months from the date of the first publication, within which all orders must be placed. Client will be charged a $25 fee if the gallery needs to be republished after expiration. Client agrees and understands that Photographer, in her sole artistic discretion, decides which images taken during the session will be edited and presented in the Client’s gallery; not all images taken during the session will be presented to the Client.
7. 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. Additional heavy editing, such as removing glare on eyeglasses, braces, acne, or weight reduction, will be charged at any extra rate of $25 per image.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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 and Client will not copy (including electronic copying, downloading, and screen printing), scan, edit, crop, or alter the images in any /divdivmanner for any purpose. 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.
14. Client Usage; Personal Use Only. Client understands that he/she is obtaining prints and/or digital files (or other products) for Client’s personal use only. Client agrees that he/she will not use any of the images from the session for commercial reasons, including but not limited to marketing, advertising or entering the images into a contest of any kind. Client agrees to only use watermarked digital files via email and on the Internet that must be obtained from Photographer. If Client wishes to use any of the images from the session for commercial purposes, Client must contact Photographer to discuss the terms of a potential commercial arrangement, though Photographer is under no obligation to enter into any commercial arrangement.
15. Severability. 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.
16. 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.
17. 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.
18. 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.