Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract, known as “Client”, agree that Toria Germain, known as “Photographer”, shall provide services to photograph the Client(s) to the best of her abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of the State of Ohio shall govern this contract, and any resulting arbitration shall take place within Ohio. Clients assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
Retainer and Payment: Client shall reserve the time and date of services by signing and returning this contract along with a reservation retainer equal to $450.00. No date is reserved until the contract and retainer are received. The retainer will be returned, in full, to Client at the end of the shoot. In the event Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies paid, and not attend the event. Returned check will be assessed a $50 non-sufficient funds fee, and all future purchased/payments must be paid by Cashiers Check. Unless the contract is canceled, the retainer fee shall be applied to the photography fee total. The retainer and session fee does not apply nor cover the price for images taken during the photo session. Client will be able to purchase images after the photo session during the Premium Reveal Session.
Cancellation: If for any reason Client cancels this contract before the photoshoot date, Photographer will keep the retainer. Cancellation must be made via email 7 days prior to the photo shoot. If Client fails to supply written cancellation as specified before the photoshoot or cancels within 7 days of the photoshoot, Client shall be required to pay the full balance due.
Reschedule: In the event that Client reschedules the photoshoot and Photographer is able to rebook the original photoshoot date and time, Client will receive credit for all monies already paid. Client may reschedule at least 72 hours prior to their shoot without penalty. Should client fail to give 72 hours notice, or decide to completely cancel the shoot, session is forfeited and will not be rescheduled. A new contract may be required. The new package price will reflect pricing in effect when the date change occurs. In the event that Client reschedules the photoshoot and Photographer is not able to rebook the original photoshoot date and time, Client forfeits the retainer but will receive a credit for all other monies paid.
Liability: If Photographer to her ability is unable to perform any or all of the duties herein for any reason, including but not limited to fire, transportation problems, acts of God, accident, illness, or technical problems, and if she cannot provide another competent professional, all monies received by Photographer, minus expenses, will be returned to Client, and Photographer shall have no further liability with respect to this Agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be prorated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
Image Processing/Printing: Client will view no less than 10 images and up to 50 professionally edited images during the reveal and ordering session. Client will have the opportunity to purchase images during the reveal and ordering session, but is under no obligation. Retouching and enhancing will be included. Under no circumstances will unedited images be released to Client. Client may request further images for an additional charge. Photographer is not responsible for any prints that are not ordered directly from her. For best results, clients with high-resolution files should order their prints through a reputable lab.
Copyright: All photographs taken by Toria Germain are her property, will remain her property and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control and use of the images. Violations of this federal law will be subject to its civil and criminal penalties. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH individual digital image client has stolen, at photographer’s current price per digital file. Digital images and prints purchased from photographers can only be used for personal use and not for commercial, political, or any for-profit uses. A separate commercial release can be purchased if the images need to be used for anything other than personal use.
Reproduction: Client agrees to purchase prints directly from Photographer unless in possession of high resolution digital files. Client agrees not to scan, copy, or reproduce images in any manner without written permission. Should Photographer become aware of reproduction without permission, Client will remit a usage fee of $300 per image, per usage of Photographer. If high resolution digital files are purchased, a written release will be supplied with those files. The release grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, or sold.