This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous 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, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Coverage will begin at the agreed upon start date/time (included in the appointment confirmation) , and continue for the number of hours purchased, contiguously.
Change of Date or Venue
The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email.
A retainer fee is required for all portrait sessions. This is a non-refundable retainer. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before or on the day of event.
There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date. Cancellation must be in writing.
Failure to Perform
The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions
All photos are copyrighted. The Photographer retains the sole rights to all the digital images taken during the photography session. A fully paid, irrevocable, transferable license is hereby granted by Client to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, blogs, etc.
If the Photographer cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer.