Agreement overview
This agreement contains the entire understanding between Ana Gaxiola Photography and the above listed 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.
Cooperation
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Ana Gaxiola Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Ana Gaxiola Photography.
Images and Copyrights
The photographs produced by Ana Gaxiola Photography are protected by Federal Copyright Law (all rights reserved) and may not
be reproduced in any manner without Ana Gaxiola Photography’s explicitly written permission. Upon purchase of the digital files by the client, limited copyright ownership of the resulting images will be transferred to the client under the following conditions: The digital negatives or prints are the property of the CLIENT for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives and not to be used by the client for profit.
Model Release
The CLIENT & Subject hereby grant to Ana Gaxiola Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same; and to copyright the same. The CLIENT hereby releases Ana Gaxiola Photography and its legal representatives and assigns from all claims and liability relating to said photographs. While Ana Gaxiola Photography reserves the right to use any image for display, due to the private and very personal nature of newborn photographs, Ana Gaxiola Photography will respect the Client's wishes regarding using or not using specific or graphic images.
Limited Liability
In the event that the newborn session cannot be completed due to unforeseen circumstances, Ana Gaxiola Photography cannot be held accountable or liable for a missed session. In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents her from photographing the agreed upon session, responsibility and liability is limited to the transfer of deposits made for the newborn photo session to another photography session with Ana Gaxiola Photography. No refunds will be given.
Ana Gaxiola Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Ana Gaxiola Photography's control, Ana Gaxiola Photography's liability is limited to the return of all payments received for the portrait package.
Retainer and payment schedule
50% of the total cost is due at time of signing this agreement. The retainer paid is non-refundable. It shall be liquidated for damages to Ana Gaxiola Photography in the event of a cancellation, or breach of contract by the CLIENT. The retainer shall be applied towards the total cost of the service to be rendered. The remaining charges are payable in full on the date of the session.
If you decide to cancel our services for any reason, please let us know at least 30 days before your appointment date. Your initial deposit is non-refundable in this case, but any other fees paid up to this point will be fully refunded.
What to expect from Ana Gaxiola Photography
After viewing samples of Ana Gaxiola Photography’s work, you (The Client) have decided to invest in services to photograph your newborn session because you are confident that Ana Gaxiola Photography can give you results that you will cherish.
Ana Gaxiola Photography agrees to hold your images to the highest standards and do everything in the power of Ana Gaxiola Photography to produce quality images of your maternity session. Ana Gaxiola Photography cannot promise that your (The Client’s) images will be an exact duplicate of any requested image.
As an artist, Ana Gaxiola Photography reserves the right to artistically interpret what is seen and in what ways to photograph each subject. This may mean that some frames are delivered in varying color profiles including, but not limited to color, and black and white images. This is the discretion of Ana Gaxiola Photography.