Adult Presence. If the Senior Graduate Representative is a minor... The parent and/or legal guardian of the Senior Graduate Representative shall be present at all sessions and interactions with the Photographer, which are including but not limited to: emails, phone calls, consultations, and photography sessions. If a parent and/or legal guardian is not present the Photographer shall not fulfill the requirements of the event, unless other mutual arrangements have been made.
Communications. The Senior Graduate Representative, parent and/or Legal Guardian shall respond to all communications by the Photographer in a timely manner. Failure to do so may result in dismissal from the Senior Representative program and shall release the Photographer from any further contractual obligations. For the purposes of this subsection, timeliness shall be defined as within 24 hour period.
Fulfillment of Duties. The Senior Graduate Representative shall fulfill all duties as outlined by this Contract. Failure to do to so shall result in dismissal from the Representation Contract and will constitute a material breach of this Contract. Upon dismissal after such breach the Senior Graduate Representative shall be required to reimburse the Photographer for all services that were rendered prior to the breach. All monies due under this subsection shall be remitted to the Photographer based on the Standard Price List for services and/or products delivered to the Client.
Exclusive Relationship. The Photographer and Senior Graduate Representative relationship shall be an exclusive Contract and shall continue until expiration on the official high-school graduation of the Senior Graduate Representative. If the Senior Graduate Representative represents and/or engages another photographer for portraiture during the duration of the Contract, this shall constitute a material breach of this Contract and the Senior Graduate shall be liable for the Standard Price List valuation of all services and products received at time of breach of the exclusive relationship. Failure to remit these monies by the deadline provided by the Standard Price List for services shall result in a collections and/or legal action against the parent and/or Legal Guardian.
Ethics. The Senior Graduate Representative shall refrain from committing any act while serving as a Senior Graduate Representative or in his/her private life, which shall constitute an offense involving moral turpitude under Federal, state, or local law. The Senior Graduate Representative shall not commit any act that will cause public hatred, contempt, scorn or ridicule or that will shock, insult, or bring disrepute to the Photographer, nor shall the Senior Graduate Representative engage in any immoral activity. Such acts and activities include but are not limited to substance abuse, school administration suspensions and/or dismissals, public indecency, and engaging in pornographic depiction. The Photographer retains discretion for the ethical standard required by the Senior Graduate Representative, parent and/or Legal Guardian as required under this subsection. Failure to do so may result in dismissal at the Photographer’s discretion from the Contract herein. If dismissed from the Contract pursuant to this subsection, the Senior Graduate Representative shall be liable for the Standard Price List valuation of all services and products received at time of breach to the exclusive relationship. Failure to remit this valuation to the Photographer shall result in a collection action against the parent and/or Legal Guardian.
Contract Incorporated by Reference. SENIOR PORTRAIT CONTRACT, and PRINT RELEASE CONTRACT must be signed prior to first session appointment.
Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer 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 the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited.
Indemnification. The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.
Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract 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 Contract. This Contract shall be governed by the laws of the State of Texas.