1. Payment. The Client shall make the payment of $295 session fee for the Photographer to perform the services specified herein. Payment must be received prior to the day of the session. Upon payment, Photographer will reserve the time and date agreed upon by both parties. Client agrees that this fee is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the photographer and in consideration of the inability of the photographer to schedule other clients during this time. The session fee does not include digital images or prints.
2. Cancellation. If Client requests to amend or cancel this agreement 30 or more calendar days before the agreed upon photographic event date, the fee SHALL be applied a mutually agreed upon mini session reschedule date. If Client cancels, or fails to show, this agreement 13 or less calendar days before the agreed upon photographic event date, the fee shall be forfeited. Transfering of the session and session fee 13 days or less calendar days will be determined on a case by case basis.
3. Rescheduling/ Late Arrivals. Rescheduling the session due to weather is at the sole discrection of the photographer.
The session will last up to 10 minutes. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client. A Client who is 10 minutes or more late to the agreed time will forfeit their session fee.
4. Deliverables and Completion schedule.
Approximately 3 weeks after the session, the Client will receve an online gallery of 10 lightly retouched images numbering between. Client may choose up to 5 images to download in high-resolution format. Any additional images that are included in the gallery may be purchased for an additional $45 per image or $150 for the gallery. The online gallery will be active for 10 days. The images are hand-edited using light editing tools to make adjustments in basic color, light correction, cropping and minor adjustments. Photoshop techniques such as facial line reduction, body slimming, body and facial contouring and head swapping are not used on images. If the Client requests more in depth editing, a charge of $45 per image will be applied. A Client request for an extension of the gallery will result in a $10 per day charge.
5. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this agreement. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement.
The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 3 weeks of the photographic event. An online proofing gallery is delivered and it shall remain open for 10 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery a $50 un-archival fee shall apply.
6. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Client shall receive a gallery of 10 photographs at minimum to select from and shall not receive any photographic materials not presented to the Client. The images are hand-edited using light editing tools. If the Client requests more in-depth editing, a charge of $100 per hour will be applied.
7. Copyright and Reproductions. The Photographer shall own the copyright in all images created. The Client understands that the images may be used for the portfolio of Photographer and may be used for marketing purposes. This includes use of images on Photographer’s website, social media and print materials, and photography contests. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.
It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. The Photographer DOES provide the Client permission to resize photographs for Internet-based usage.
8. Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use. Further, the Client shall not authorize reproductions by non-purchasers covered within this agreement. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
9. Social Media. The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion.
10. Photographs/Videography. The Client shall not engage in photography or videography during the course of the photographic event unless otherwise agreed to by the Photographer.
11. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, Photographer shall return the fee to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.
12. Reshoots. Client acknowledges that Re-shoots are determined at the discretion of the Photographer. Re-shoots and refunds will not be given for the Client(s) poor choices of clothing, make-up, hair or weather-related issues, Client illness or non compliance, or not following the recommendations of the Studio.
13. Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
14. Arbitration. Any controversy or claim arising out of or relating to this contract, or a breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $500. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
15. Indemnification. The Photographer shall be held harmless for any and all injury to Client during the course of the photographic event and the immediately surrounding events.
16. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Colorado.
17. Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
18. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
19. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
20. The client understands that the photo session is an uncontrolled event. Due to variances of weather conditions, willingness of subjects, available light or time restrictions, there is no guarantee for specific images.
21. It is the responsibility of the client to archive photographs/files. Molly Garg Photography will keep images for 6 months from date of session.
Cornona Virus/Covid19 Waiver
Client is hereby notified and agrees that:
While the State of Colorado has eased or eliminated various COVID-19 based restrictions on businesses, the conduct and performance of the services being provided by the Studio are subject to those rules in place at the time the photography services are to be performed.
Based upon the scope of the social distancing restrictions in place at the time of the photography services, certain aspects of the photographer/client interaction may be altered by necessity.
Client and all members of Client’s party agree to abide by the social distancing measures in force at the time of their session or event. Client and members of Client’s party explicitly agree and understand that failure to adhere to such social distancing measures places them at increased risk of COVID-19 exposure or transmission.
WAIVER
Client and members of Client’s party assume all risks associated with potential COVID-19 transmission or exposure in relation to the photography services being provided and accept sole responsibility for an illness, injury, damages, claims or expense arising therefrom regardless of the identity of the person alleged to be at fault for such transmission or exposure.
As consideration for this waiver, Studio agrees to waive any liability or claim against Client or members of Client’s party for COVID-19 transmission or exposure.
Notwithstanding the foregoing, the Waivers contained in Sections 4 and 5 of this Notice and Waiver shall not be interpreted to prohibit actions or claims against persons who knowingly participate in the photography services while exhibiting COVID-19 symptoms or who knowingly participate while having an active COVID-19 infection.
Agreed and Accepted: