This Photography Contract (the “Contract”) is made effective by and between Photography Client (“Client”) and Sessions Studio.
DESCRIPTION OF SERVICES. Sessions Studio will provide to Client the following photography services (collectively, the “Services”): Sessions Studio will be shooting a mini session for the client. The session will last approximately 5-20 minutes and will occur at a previously agreed upon location. The client will receive a digital gallery within 30 days. The client will receive 2 to 5 images from the gallery included in fees paid upon booking. The client will favorite 2 to 5 images within 30 days or images will be forfeited. Additional images may be purchased for the following pricing: 1 image-$35 or all for $250.
PAYMENT. A non refundable deposit of $25 is due to book your time slot. Full amount is due by or at the start of your session.
PAYMENT TINY DREAMERS DISCOUNT. If you purchase 3 sessions for $207, must be paid in full. If you purchase 6 sessions for $399, must pay in full.
DREAMERS DISCOUNT. Dreamers discount is promotional pricing and is non refundable. If you can’t make a session please contact us and we’ll do our best to accommodate the value of said session missed. But in no way is Sessions Studio responsible for a refund. If a session is canceled by Sessions Studio then a refund at fair value will be refunded per that session. Fair value is as follows: when you purchase the 6 session package each session comes to $66.50. 3 sessions package $69 per session.
PERFORMANCE OF SERVICES. (1) Sessions Studio agrees to use high technical quality to meet Client’ needs, for web or print. (2). Sessions Studio will use digital photography to create photographs for the Client. (3) Sessions Studio shall provide the Client with a digital collection or samples of the final proofs within 30 days. (4) Sessions Studio is not responsible for the behavior of children.
CANCELLATION POLICY. All session deposits are NON-REFUNDABLE. A minimum of 48 hours notice will be required for cancellation or rescheduling of the terms of this Contract. Any cancellation made with less than 48 hours notice prior to the agreed-upon service date will result in full payment by Client of the minimum package price. If the cancellation is initiated by Sessions Studio, all monies paid to Sessions Studio from Client shall be fully refunded.
LIABILITY WAIVER. By signing this contract and partaking in a mini session, I agree to release Sessions Studio and the location owners from all liability relating to any and all injuries that could occur. I acknowledge the risks involved in being outdoors in a natural habitat including holes, stumps, vines, insects, animals, etc. I am volunteering and participating voluntarily. I understand I am responsible for all damage caused by myself and my dependents.
WORK PRODUCT OWNERSHIP. Any photographs, ideas, discoveries, products, or other information developed in whole or in part by Sessions Studio in connection with the Services will be the exclusive property of Sessions Studio.
RELATIONSHIP OF PARTIES. It is understood by the parties that Sessions Studio is an independent contractor with respect to the Client, and not an employee of Client.
Sessions Studio will not sell any information that is proprietary to the Client. Sessions Studio and its employees, agents, and representatives will protect such information and treat it as strictly confidential. A “sneak peek single image” of the session will be posted to Facebook and/or Instagram. The session may also be blogged. If this is not desired, the wishes of the Client will be respected by Sessions Studio. This provision will continue to be effective after the termination of the Contract.
MODEL RELEASE. I hereby give to Sessions Studio the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others: (1) To copyright the same in the photographer’s name or any other name that he/she may select (2) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and (3) I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
LIABILITY. Photographer, location owners, renters, are not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
COURTESY. The photography schedule and selected methodology are designed to accomplish the goals and wishes of Client. Client and Sessions Studio agree that positive cooperation and punctuality are therefore essential. Sessions Studio reserves the right to shorten or cancel the session if client is not punctual.
FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
ARBITRATION. Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final
and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
ENTIRE CONTRACT. This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Contract may be modified or amended in writing if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Contract shall be governed by the laws of the State of California.
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.