ARTISTIC STYLE
The Client acknowledges that Rebecca Tolk Photography requires and retains discretion as to how its services shall be provided (e.g. choice of poses, location, lighting, lenses, etc.); that the Client is familiar with the Photographer’s portfolio and is requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the Photographer in the past; and that in creating the images, the Photographer shall use her personal artistic judgment to create images consistent with her personal vision of the session, which vision may be different from the client's vision of the session. Rebecca Tolk Photography does creative editing on 5 delivered images chosen by Rebecca Tolk Photography's editing team. Rebecca Tolk Photography retains complete control over which images are delivered in color and which images are delivered in black and white. Accordingly, the client acknowledge that the images shall not be subject to rejection on the basis of taste, esthetic criteria, or personal appearance.
CULLING AND EDITING
After the portrait session, each image is put through a careful selection process, where Rebecca Tolk Photography's editing team selects images that meet their high standards of quality. Images with eyes closed, unflattering poses, and duplicate images are removed permanently immediately after Rebecca Tolk Photography completes this culling process. The Client acknowledges that Rebecca Tolk Photography retains complete control over the culling and editing process.
PRINT AND PRODUCT RETURN POLICY
Rebecca Tolk Photography guarantees your satisfaction with any physical products that you purchase through Rebecca Tolk Photography. If you are unsatisfied with any prints, products or books you have purchased through Rebecca Tolk Photography's online store, we will accept the return of any physical product you have ordered within ten (10) days of your receipt of the product to exchange for a corrected item of equal value. Upon completion of the exchange procedure and receipt of the returned product, we will replace the product. To request a replacement for any physical product, please contact Rebecca Tolk Photography at Rebecca@RebeccaTolk.com within 10 days of receipt. Refunds are not available for Products that are not in a physical medium form (i.e., a digital download).
DOWNLOADING IMAGES FROM ONLINE GALLERY
Rebecca Tolk Photography shall post the digital files to the Client's online gallery within one to two (1-2) weeks after the session date. The Client shall download the digital images from the online gallery within 21 days, and will not receive a physical disc of images. Client acknowledges that he/she understands how to download the images from the web onto his/her computer and how to back up images to prevent image loss. Rebecca Tolk Photography is NOT responsible for user error in downloading and saving final images. The online gallery will remain active for 21 days from the creation date of the gallery. Rebecca Tolk Photography does not permanently archive images files. After 21 days the gallery will be deleted along with all images. Rebecca Tolk Photography does NOT store client images.
LIMIT OF LIABILITY
Rebecca Tolk Photography represents that reasonable care is taken with respect to capturing, developing, processing, storing and delivery of Client images. However, in the event that Rebecca Tolk Photography fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of Rebecca Tolk Photography’s control or Rebecca Tolk Photography's own negligence, Rebecca Tolk Photography’s liability shall be limited to a refund of all payments made by Client. The limit of liability for a partial loss of original images shall be a prorated amount of the exposures lost based on the percentage of total number of original images. If there is a failure to capture certain images that Client requested or that were discussed at the consultation, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to Client and Rebecca Tolk Photography shall not be liable for the same. Rebecca Tolk Photography is not responsible for any damage to the Client's device during the remote portrait session.
RELEASE AND INDEMNIFICATION
To the fullest extent permitted by law, Client agrees to release, defend, indemnify, and hold harmless Rebecca Tolk Photography, including its trustees, officers, members, directors, employees, servants and agents, against loss, damages, claims, suits, liabilities, judgments, costs and expenses without limitation, all reasonable attorneys' fees and expenses that may accrue against the indemnified party, including its trustees, officers, members, directors, employees, servants and agents which is approximately caused by the negligence or willful misconduct or any breach of representation arising from conduct, management or performance of any activities by Client, Client guests, or Client agents. in the event any such claim is made, and upon notice from Rebecca Tolk Photography, Client agrees to reimburse Rebecca Tolk Photography for the cost of defending such an action or proceeding, using counsel satisfactory to Rebecca Tolk Photography. This provision shall survive the termination of this agreement.
ENTIRE AGREEMENT
This document contains the entire agreement and full understanding between Rebecca Tolk Photography and Client . It supersedes all prior and contemporaneous agreement between the parties. Any modifications to the agreement shall be made in writing and signed by all parties.
FORCE MAJEURE
If performance of this contract or any obligation under this contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm, orders or acts of military or civi authority, or by national emergencies, insurrections, riots or wars, strikes, lock-outs, lock-downs, work stoppages, other labor disputes or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or it's employees, officers, agents, or affiliates.
ATTORNEY FEES AND WAIVER OF JURY TRIAL
The Client agrees that in the event of a disupute as to performance or the meaning of this contract, the prevailing party in such a law suit shall be awarded cost of suit and reasonable attorny fees. Parites agree that they will waive their rights to trial by jury in any litigation concerning the performance under this contract or construction of this contract.
SEVERABILITY
If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
AMENDMENT
This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW
This Contract shall be governed by the laws of the State of Florida.
WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
ASSIGNMENT
Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
By signing this contract, all parties represent and warrant that they are at least 18 years of age and have the full legal capacity to execute this agreement and agree to all terms and condtions set forth in this agreement.