SESSION AGREEMENT

This Session Agreement is entered into by Bybel Photo, LLC, a Florida limited liability company (the “Photographer”), and client(s), the signer(s) of this Agreement (the “Client”), to govern the relationship of the parties with respect to the Portrait Session defined herein.

The Client hereby engages the Photographer for a Portrait Session whereby the Photographer will take photographs for the Client as described hereto. The Portrait Session includes any preparation conducted by the Photographer prior to scheduled session date, the taking of the photographs, the editing of the photographs, a flash drive containing final edited images, and the rights to reproduce the images. Payment may be remitted in the following forms: credit card, cash, check made payable to Bybel Photo, LLC, or Pay Pal. Payment will be remitted on or prior to scheduled Portrait Session date.

The Client acknowledges and agrees that by entering into this Agreement, the Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the Portrait Session by Client, any deposits paid are non-refundable. Deposits are transferable if a date change is necessary. Forty-eight hours-notice of postponements or cancellations is appreciated. In the event that the finished product from a Portrait Session is unusable due to technical problems (i.e., camera failure or exposure problems), the Photographer will reshoot at no additional charge. If it is not possible for a session to take place on a scheduled day due to weather, the Photographer and the Client will reschedule on an agreed date at the earliest date possible, with no additional charge. In the unlikely event that the Photographer is injured or becomes too ill to attend the Portrait Session, the 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, the 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.

The Photographer is not responsible if the Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to the Photographer. If the Client and/or key individuals fail to appear to a scheduled Portrait Session, the deposit is non refundable. The session can be rescheduled at the original Portrait Session fee, but may be subject to an additional deposit.

Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the Photographer’s artistic standards.

The Client grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client, the Client’s child or children, and the Client’s property, or in which the 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. The Client hereby releases the Photographer and its legal representatives and assigns from all claims and liability relating to said photographs.

The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer’s subcontractors. If purchasing Hi-Resolution images on a flash drive, the Client will be given a written release to make personal copies of images from the flash drive. The Client acknowledges and agrees that the images are being obtained for personal use only, and the images given on a flash drive (or any other form) cannot be used for profit or advertising. Any images used for publication (such as editorial, public relations or advertising use) require prior written consent from the Photographer. Any and all posting of images on the internet must be acknowledged as images by the Photographer with a credit line which reads “Bybel Photo” in type no smaller than that of the related text appearing adjacent to or within all permitted published photographs.

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 the Photographer’s control, the 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.

Returned checks are subject to a $25.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.

This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior agreements between the parties. This Agreement may only be modified, amended or terminated by a written agreement signed by all parties. Any waiver of a particular provision in this Agreement by either party shall constitute a waiver of that provision only and does not constitute a waiver of any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Florida.

A Florida limited liability company