1. ENTIRE AGREEMENT: This agreement contains the entire understanding between Madison Yen, and parties who signed (“THE CLIENT”). It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, providing the document is signed by all relevant parties.
2. RESERVATION: Upon your signature, Madison Yen will reserve the time and date agreed upon, and will not make other reservations for that time and date. The full balance is to be paid at time of signing the contract.
3. CANCELLATION: In the event that the CLIENT needs to cancel, payment will not be refunded. However, payment may be applied to other photography services provided by Madison Yen. In the event that Madison Yen needs to cancel, payment will be refunded.
4. SHOOTING TIME / ADDITIONS: The reservation is for the time agreed to. If the CLIENT is late, Madison Yen is not responsible for providing the full session time. The CLIENT may add on an additional session if that time slot is available.
5. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by Madison Yen are protected by Copyright Law (all rights reserved) and may not be reproduced or altered in any manner without Madison Yen’s explicit written permission. Upon final payment by THE CLIENT, limited usage rights of the resulting images will be transferred to THE CLIENT under the following conditions:
- The digital images are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.
- THE CLIENT must obtain written permission from, and compensate Madison Yen prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.
- MODEL RELEASE: THE CLIENT hereby assigns and grants Madison Yen and its legal representatives 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 or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases Madison Yen and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Madison Yen may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in photography books, photography instructional books, studio display, television advertising, magazine advertising and any other purpose thought proper by Madison Yen.
6. METHOD OF REMUNERATION: Payment may be made in bank transfer, check or credit card. The balance is due immediately after receiving the invoice. For checks, please make payment to Madison Yen Photography and remit to:
Madison Yen / Madison Yen Photography
12471 E Amherst Cir
Aurora, CO 80014
7. LIMIT OF LIABILITY: If Madison Yen is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if she cannot provide another competent professional, all money received by Photographer, minus expenses, will be returned to THE CLIENT, and Madison Yen shall have no further liability with respect to this agreement.
Madison Yen takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond Madison Yen’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. 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 CLIENT agrees to indemnify, defend and hold Madison Yen harmless for any and all claims, liability, damages, costs and expenses, including legal fees and expenses arising out of injuries and/or incidents involving photography without fault on part of the photographer.
8. PHOTO DELIVERY: Upon receipt of final images, THE CLIENT accepts all responsibility for archiving and protecting the photographs. Madison Yen is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is THE CLIENT’S responsibility to make sure that digital files are copied to new media as required.
- Session images will be ready to view within 1 week after the event.
Services or merchandise not included in this initial contract will be sold at current price when an 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 Madison Yen. All print/album credits must be used within 6 months of web gallery posting.