1. RESERVATION: A signed copy of this Agreement and a deposit of $50 is required to reserve the dates and times of the Session. If the Session is rescheduled, postponed, or cancelled by the Client, the deposit becomes non-refundable.
2. EVENT SCHEDULE: The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client’s responsibility to confirm all arrangements at least 7 days prior to the event.
3. CANCELLATION: If the Session is cancelled within five (5) days of the Date of Session listed above, the Client shall pay the full Cost of Session listed above. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
4. SAFETY: The Photographer reserves the right to terminate the Session and leave the location of the Session if the Photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the Session or in the event that the safety of the Photographer or the Client, in the Photographer’s sole discretion, is in question.
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, shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the Client at applicable rates.
6. LIMITATION OF RESPONSIBILITIES: If the Photographer cannot perform this Agreement due to a fire, casualty, civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less deposits and expenses, but shall have no further liability with respect to the Agreement.
7. 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 explicit written permission. If the Client has purchased any images from the Photographer, upon final payment by the Client, limited copyright ownership of the resulting images will be transferred to the Client, and 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. The Client must obtain written permission from the Photographer prior to publishing or selling the photographs.
8. MODEL RELEASE: The Client hereby assigns to the Photographer the irrevocable and unrestricted right (i) to use and publish photographs of the Client for editorial, trade, advertising, educational and any other purpose and in any manner and medium, (ii) to alter the same without restriction, and (iii) to copyright the same without restriction. The Client releases all claim to profits that may arise from use of images.
9. 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 to the discretion of the Photographer. Additionally, the final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer.
10. PAYMENT SCHEDULE: The aforementioned $50 deposit is due at the time of signing of this agreement. The remaining balance is payable in full prior to or on the day of the Session. 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. Returned checks will be assessed a $35.00 non-sufficient funds fee.
11. INDEMNIFICATION: The Client holds the Photographer harmless from any and all actions, causes or actions, cases, claims, suits, injuries, harms, damages, judgments, and liabilities whatsoever, in law, equity or otherwise arising under, in connection with or relating to (i) any negligence on the part of Client during any Session, (ii) any action or failure to act under this Agreement or in connection with the events that led to the termination of this Agreement, or (iii) any illness Client might be exposed to and/or contract during or related to performance by Photographer under this Agreement (including, but not limited to, Covid-19).
12. MISCELLANEOUS PROVISIONS: The provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors, and assigns of the parties.
In the event of a default under this Agreement, the defaulting party shall reimburse the non-defaulting party or parties for all costs and expenses reasonably incurred by the non-defaulting party or parties in connection with the default, including without limitation attorney fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation reasonable attorney fees at the trial level and on appeal.
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Oregon.