This PHOTOGRAPHY SESSION AGREEMENT ("Agreement"), dated as of SessionDate("Effective Date"), is by and between SUGASHOC PHOTOGRAPHY, LLC, ("Photographer"), and ClientName ("Client") (individually, "Party" and collectively the "Parties"). In consideration of the promises and covenants contained herein Photographer and Client agree as follows:

1         SERVICES:  Photographer is hereby retained by Client to provide Photography services as described in Exhibit A.

2         COMPENSATION: Client shall pay Photographer for Services rendered in accordance with the Photography Session Collections described in Exhibit A.  The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. Due to the custom nature of your products, exchanges or refunds will not be accepted. All sales are final. 

3         RESERVATION: This signed agreement and retainer fee are required to reserve the dates and times of the Session(s). If the Session(s) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the Client, the retainer fee is non-refundable and shall be liquidated damages to Photographer. The Client shall also be responsible for payment for any of the Photographer's materials charges incurred up to time of cancellation.

4         SESSION SCHEDULE:  Any changes in schedule or location must be made at least 48 hours in advance of the aforementioned agreed upon date and time and agreed to by the Photographer.

5         SHOOTING TIME / ADDITIONS: The Client and the Photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time.  If the Client does not arrive at the appointed time for the Session(s), shooting will commence upon the Clients arrival and end at the originally scheduled end time.  All additional time beyond the scheduled end time will be billed to the Client.

6         EXPENSES INCURRED: When applicable, the Client is responsible for all travel, accommodation, meal and transport costs unless provided by the Client.

7         TRAVEL EXPENSES:  All travel expenses are based on the distance between the Session location(s) and the Photographers studio address.  For all Session(s), the first 40 miles round trip of travel is included.  All miles in excess of 40 miles round trip will be charged at a rate agreed upon by both Parties. 

8         RESPONSIBILITIES:  The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to obtrusive guests, lateness of the Client or guests, weather conditions, schedule complications, incorrect addresses provided to the Photographer, rendering of decorations, or restrictions of the locations. The Photographer is not responsible for backgrounds or lighting conditions, which may negatively impact or restrict the photo coverage. The Photographer is not held liable for missed coverage of any part of the Session(s).  The Photographer will not be held accountable for failure to deliver images of any individuals or any objects at the Session(s).

9         VENUE AND LOCATION LIMITATIONS: The Photographer is limited by the rules and guidelines of the location(s) and site management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the Client's responsibility; the Photographer will offer technical recommendations only.

10      SAFETY: The Photographer reserves to right to terminate coverage and leave the location of the Session(s) if the Photographer experiences inappropriate, threatening, hostile or offensive behavior at the Session(s).

11      PERMITS: The Client is responsible for acquiring all permits and necessary permission for all locations on which the Photographer will be performing services.

12      FILM and COPYRIGHTS: The photographs produced by the Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the Photographer's explicitly written permission. If the Client has purchased Digital Files from the Photographer, upon final payment by the Client, limited copyright ownership of the resulting images will be transferred to the Client.  If the Client has purchased Digital Files from the Photographer, the Photographer grants the Client permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the Photographer, but not for commercial use.

13      MODEL RELEASE:  The Client hereby assigns the Photographer 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, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction.  The Client releases all claim to profits that may arise from use of images. 

14      CLIENT USAGE: The Client is obtaining prints for personal use only, and shall not sell said prints. If Client is obtaining a print for newspaper announcement of the wedding, editorial use or website, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph.

15      LIMIT OF LIABILITY: In the unlikely event that Photographer is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the Photographer, the Photographer will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the Session(s). In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer's control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer liability is limited to the return of all payments received for the Session(s). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.  The Photographer is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.

16      INHERENT QUALITIES: Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD/CD/USB media, which may deteriorate due to delamination and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. If the Client has purchased Digital Files from the Photographer, Client releases Photographer from any errors in printing that may occur for prints not ordered from the Photographer.

17      POST PRODUCTION AND EDITING: The final postproduction and editing styles, effects, and overall look of the images are left to the discretion of the Photographer.

18      CAPTURE AND DELIVERY:  The Photographer is not liable to deliver every image taken at the event.  The determination of images delivered to the Client is left solely to the discretion of the Photographer. No cell phones, cameras, or other media that may capture images will be allowed during the Session(s).

19      PAYMENT SCHEDULE: The aforementioned non-refundable retainer fee is due at the time of signing of agreement. In the event the 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 already paid, and not attend the Session(s). Returned checks will be assessed a $100 non-sufficient funds fee. All products/images have to be paid for within 2 weeks of the ordering appointment or delivery of the images will not be guaranteed, and the photographer has the right to delete all unpurchased images. Online galleries will not be offered. If an addiitonal ordering appointment is required, there will be a $100 fee. The fee must be paid in advance of the ordering appointment.

20      PRICING & ALBUM DESIGN: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the Photographer. Albums will be designed by the Photographer and the Client will be allowed up to 2 design revisions. Additional album revisions will be charged at $50 each additional revision.

21     PRIVACY: All personal information collected on this form will be kept private and will not be sold. Credit card or payment information will not be stored by SugaShoc Photography. Credit card or payment information may be stored by a contracted credit card processor. Your email address will be stored in a private database for SugaShoc Photography email lists. You may unsubscribe at anytime.

22      MISCELLANEOUS: This Agreement incorporates the entire understanding of the parties. Any modification 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 Pennsylvania.

If the terms of this Agreement are acceptable to Client, please acknowledge agreement to the terms by countersigning the attached copy and returning it to Photographer.  If Client’s family will be photographed, Client hereby consents to the forgoing conditions and warrants that he/she has the authority to give such consent on behalf of the family. If a minor will be photographed, Client being a parent or guardian of the minor, hereby consents to the forgoing conditions and warrants that he/she has the authority to give such consent on behalf of the minor.