This agreement is between the Client, whose name and address is listed above, and Olivia Barbosa Photography.
1. Portrait Creation Fee. The Portrait Creation Fee includes access to the private location (The Maples Event Venue in Woodland), up to 20 minutes of shooting time, a gallery of 20+ images to choose from, and 5 Digital Files with print release. Additional products can be purchased separately.
2. Retainer and Pricing. The retainer fee is due in full at the time of booking and is the total cost of the Fall Mini Sessions. The retainer fee is non-refundable if the Client cancels without rescheduling, or fails to appear.
3. Rescheduling and Late Arrivals. In the event that the client must reschedule for any reason, the retainer will be applied to the new session date mutually agreed upon by both parties. If the Client is late to the session, the Photographer will not be held responsible for any shots not able to be captured due to the Client’s tardiness.
4. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer fee to the Client and shall have no further liability. This limitation of liability shall also apply in the event that photographic materials are damaged, lost, or stolen without fault on part of the Photographer. Liability shall be limited to a refund to the client of the amount paid for services and/or product orders. The photographer shall not be liable for any amount in excess of the retail value of the client’s product order or services rendered.
5. Turn Around Time. Turn around time for images to be ready to view is approximately 2 weeks. The photographer will contact the client via e-mail with a password protected online gallery for you to access to select your images.
6. Copyrights and Reproduction. All images taken and created by Olivia Barbosa Photography are her property and are protected by United States Copyright Laws (USC Title 17). The Photographer holds the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, samples products, editorial submissions and use, or for display within or on the Photographer’s website, social media accounts and studio. If the photographer desires to make other uses of the images, the photographer shall not do so without first obtaining the written permission of the client.
7. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client.
8. Photographic Materials and "Sneak Peeks". All photographic materials, including but not limited to negatives, transparencies, proofs, preview’s, and "sneak peeks" shall be the exclusive property of Olivia Barbosa Photography. Images that are provided to the Client as "sneak peeks" on social media will be re-sized for web use only and shall have a watermark clearly visible. You may "share", "tag" and use the images posted as "sneak peeks" as your profile image on social networking sites, but these images cannot be edited, cropped, printed, copied or altered in any way, as doing so would be a violation of copyright laws (USC Title 17).
9. Client’s Usage. The client agrees to purchase prints and products directly from Photographer, unless the Client has purchased High Resolution files from the Photographer and then shall have images printed within the rights provided in the written print release only. The Client’s purchased digital files are for personal usage only, and shall not be altered, duplicated, sold or published without written consent of the Photographer. It is understood that any altering of original images is strictly prohibited. If digital files have been purchased by the client, a second set of images shall be included that have been re-sized and watermarked for sharing on social media by the Client. The Client agrees to use the watermarked images only if shared online via social media.
10. Indemnification. The Photographer shall not be held harmless for any and all injury to the client(s) during the course of the photography session and the immediate surrounding events thereafter.
11. 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 California.