1.  Purpose

 This agreement contains the entire understanding between Photographer and the 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 both parties.

2.  Session Fee

Client agrees to pay Photographer a retainer and an incremental retainer for subsequent athletes to be photographed at the time of the booking to secure their appointment date and time.  This is a non-refundable retainer fee that goes toward your session.  The balance is due at the time of the session.  The session fee covers the time and talent of the Photographer, basic retouching and creative editing of images, as determined by the Photographer, and images (amount depending on session) to be stored through photographer’s website via online gallery.  Additional editing is available at an additional expense to be determined by Photographer and Photographer reserves the right to refuse additional requests.

Upon receipt of the non-refundable retainer and submission of the agreement by the Client, Photographer will reserve the time and date agreed upon and will not make any reservations for other clients for such specific timeframe.  For this reason and loss of potential business in the event of a cancellation or no-show by Client, the retainer is non-refundable.  NO EXEPTIONS.  In the event of a cancellation or no-show by Client, the retainer shall not be considered as services to be rendered to the Client and Client hereby waives any rights to collecting any refund of the retainer. 

For purposes of this Agreement, a no-show shall be deemed as the Client not arriving to the session within 15 minutes of the agreed upon time as listed in this Agreement.  In the even Client is running late due to unforeseen circumstance and contacts Photographer to inform of their tardiness prior to 30 minutes before the session is scheduled to start, Photographer reserves the right to use their discretion as to cancel or reschedule the session for another date.  If Photographer chooses to cancel the session, Client shall not be entitled to any refund of the retainer; sessions reschedule at Photographer’s discretion shall have the retainer applied to that date.

3.  Location Cost and Fees

If there are any costs/fees associated with the location the Client has chosen for their session, the Client, will be responsible for those fees.  The photographer will not guarantee or arrange payment on any location.  Session fee covers travel within 45 miles of photographer’s home address.  Any location outside of these limits will be subject to an additional charge of $0.52/mile as part of the agreement.

4.  Rescheduling

If an illness or situation prevents a photo session from taking place, Client may reschedule their session at least 24 hours prior to their shoot without penalty.  Should Client fail to give 24 hours’ notice, or decide to completely cancel the shoot, the session fee is forfeited and will not be refunded.  Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstanced beyond their control. 

5.  Re-shoots / Refunds

Re-shoots are determined at the discretion of the Photographer.  Re-Shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather-related issues, or by not following the recommendations of the Photographer.

6.  Archive

After twelve (12) months, all images will be purged from Photographer’s hard-drive, except as needed for promotional purposes, to be determined by Photographer’s sole discretion.  Photographer is not responsible for loss or damage to the digital files due to circumstances beyond Photographer’s control.

7.  Digital File Release

Photographer will only provide Client with the number of high-resolution edited digital images as described in the session purchased, and such files will be in a JPEG format.  Beyond these files, Photographer will not provide or release any other digital images to Client, either edited, unedited, JPEG, or RAW files.  Such files are sole property of Photographer and not subject to distribution.

8.  Payment

All payments are due in full, less the retainer, at the time of the session.  Photographer reserves the right to cancel the session if Client does not pay in full.  Further, no images will be released to Client until Client’s account has a zero balance.

9.  Subject Cooperation

It is very important to have the cooperation of all subjects during a photo session; Photographer is not responsible for uncooperative or disruptive subjects.  The Photographer will work to the best of their ability to redirect uncooperative or disruptive behavior, but retains the right to end the session even if the time frame has not been met if the subjects continue to be uncooperative or disruptive.  Client understands it is their responsibility to manage the behavior of the subjects in the photo session and will not hold Photographer liable for shots or missed poses due to a session ending early.

10.  Artistic Subjectiveness

Client agrees and understands that the quality of a photograph is entirely subjective.  Photographer will strive to present photos in a workmanlike manner, but is not required to cater to specific aesthetic preferences of Client.  Client understands and agrees that the Client is responsible for determining if a pose or location is safe.

11.  Inclement Weather / Unsafe Location

If in the opinion of the Photographer, weather or other adverse conditions pose a safety threat to Client and/or Photographer, Photographer may elect to use an alternate location or to reschedule the session.

12.  Model Release

By submitting this Client Agreement, I hereby give to Photographer the absolute and irrevocable right and permission with respect to the photographs that have been taken of myself and/or my minor child in which he/she may be included with others.

A)   To copyright the same in the Photographer’s name or any other name that she may select;

B)   To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium no or hereafter known, and for any purpose whatsoever, including but not limited to illustration, promotion, advertising and trade.

I hereby release and discharge Photographer from all and any claims and demand ensuing from or in connection with the use of the photographs, include any and all claims for libel and invasion of privacy.

13.  Liability

If Photographer cannot perform this Agreement in whole or in part due to an Act of God, Fire or other casualty or cause beyond control of the parties, or due to Photographer’s illness, then Photographer shall return the retainer to Client and shall have no further liability with respect to this Agreement.  This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the shipping or mailing process, or otherwise lost or damaged without fault of Photographer.  Client agrees that an entire session may not be able to replicated, reenacted, or repeated for the purpose of re-shoots and agrees to limit Photographer’s liability to an amount not to exceed the session fee.

 Client agrees to indemnify and hold Photographer harmless for any liability, damage, or loss related to technology failure.  Cameras, lenses, hard drives, and memory cards are all subject to possible technical failure, and while Photographer will take reasonable steps to prevent such data loss, Photographer is not liable for any loss of data due to technical failure.

Photographer is not responsible for any injuries inflicted upon any participating parties.  Client(s) will be responsible for their children and for themselves and release Photographer from any Claims against their person or their business.

14.  Copyright & Penalty

Photographer retains all copyrights to all images created during the Client’s session.  A print release will be included with digital files to print portraits for personal use.  The print release does not allow publication of Client’s portraits (i.e. entering in contests), selling or altering of Client’s images without the Photographer’s written permission.  It is illegal to copy, scan, download, print, share, alter or otherwise stead any image created by Photographer during Client’s photo session.  If Client steals images via any method, Client will be invoiced for the cost of EACH digital image Client has stolen, at Photographer’s current price per digital file. 

I grant FREESTYLE PHOTOGRAPHY, its representatives and employees the right to take photographs of my child.  I authorize FREESTYLE PHOTOGRAPHY, its assignees and transferees to copyright, to use and publish the same in print and/or electronically. I agree that FREESTYLE PHOTOGRAPHY may use such photographs of me and/or my child with or without my name and for any lawful purpose, including for example such purposes as publicity, illustrations, advertising and Web content.