Terms and Conditions:
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PORTRAIT SESSION CONTRACT (read below)
This agreement is between Shadow Dog Photography LLC (hereafter “PHOTOGRAPHER” “the PHOTOGRAPHER” or “PHOTOGRAPHY COMPANY”) and First and Last Name entered above (hereafter referred to as “CLIENT”).
1. Scope of Work:
This contract is for services and products related to a photography shoot (hereafter “SHOOT” or “the SHOOT”) to take place at Petrifying Springs Park on June 22, 2019.
PHOTOGRAPHER agrees to provide via email one digital image of the PHOTOGRAPHER'S choice.
2. Fees:
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to donate a non-refundable minimum of $20 to Safe Harbor Humane Society. CLIENT agrees to pay the non-refundable cash donation upon signing this contract. If CLIENT cancels this shoot for any reason, the initial donation payment will not be returned to CLIENT.
3. Work Product
The photo delivered to CLIENT is licensed for CLIENT’S personal use only.
4. Indemnification:
4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.
4.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.
4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
4.4 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to CLIENT.
4.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury to CLIENT and/or CLIENT’S pet which may occur as the CLIENT and/or CLIENT’S pet poses or works with PHOTOGRAPHER.
4.6 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
5. Exclusive Photographer
CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
6. Model Release
CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties.
7. Property Release
CLIENT, being the legal owner of, or having the right to permit the taking and use of photographs of, certain property designated as dog(s) named above in the registration, does irrevocably grant to PHOTOGRAPHER, its heirs, legal representatives, agents, and assigns the full perpetual rights to take and use such photographs in advertising, trade, or for any purpose. CLIENT also consents to the use of any printed matter in conjunction therewith. CLIENT hereby waives any right that he/she/it may have to inspect or approve the finished product or products, or the advertising copy or other published matter that may be used in connection therewith, or the use to which it may be applied. CLIENT hereby releases, discharges, and agrees to save harmless and defend PHOTOGRAPHER, its heirs, legal representatives, and assigns, and all persons acting under its permission or authority, or those for whom it is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, even though it may subject the undersigned, his/her/its heirs, representatives, successors, and assigns, to ridicule, scandal, reproach, scorn, and indignity
8. Assignability and Parties of Interest:
CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.
By clicking SUBMIT button below, CLIENT hereby warrants that he/she is a legally competent adult and has every right to contract in his/her own name in the above regard. CLIENT states further that he/she has read the above authorization, release, and agreement, prior to its execution, and that he/she is fully familiar with the contents thereof.