Terms and Conditions:
1. Photographer’s Responsibilities (“Services”). Boudoir by Brion and Karen (“Photographer”) Photographer hereby agrees to perform photographic services for Client at the Photo Session specified above in a professional, workmanlike manner according to the prevailing standards in the industry. Photographer may employ one or more assistants. Photographer shall, in consultation with the Client, individually edit, optimize, color-correct, enhance, and retouch the images taken at the Photo Session.
2. Retainer/Payment. A non-refundable retainer (that shall be applied toward the total fee for the Services) of $100.00 is due upon execution of this Agreement, at which time Photographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events). Final payment of the balance due for the Services shall be made no less than two days prior to the Photo Session Date. In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), or to attend the Photo Session.
3. Copyright. All photographs taken by Photographer at the Photo Session, in whatever form, are copyright-protected. Any copying, scanning, reprinting, duplicating, or altering of the photographs taken by Photographer, without Photographer’s express written permission is a violation of federal copyright law.
4. Term. The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the final, Client-approved album layout (“Album”) to the Client, unless terminated earlier as provided herein.
5. Photo Session Changes. Photographer must be notified immediately of any changes in schedule or location, at least 2 days [ in advance of the scheduled Photo Session date. If Client notifies Photographer by phone, a written (i.e. email) confirmation must be sent within 2 days of such notification. If the date of the Photo Session changes, and notice is not given the period specified above, then Photographer shall be entitled to 50% of the retainer as liquidated damages for having to reschedule the Photo Session. The remainder of the retainer shall be applied toward the new date, but Client shall be responsible for making up the deficiency retained as liquidated damages.
6. Cancellation. Upon acceptance of these terms and payment of the retainer, Photographer shall commit to attending the Photo Session at the specified date and time, and shall make no other reservations for that date. If Client cancels the Photo Session entirely, then Photographer shall make commercially reasonable attempts to rebook that date and time. Photographer shall charge a $99 rebooking fee if Photo Session is cancelled (i.e. not rescheduled for a later date) by Client.
7. Proofs. A presentation of the images selected by Photographer in its sole discretion (“Proofs”) shall be made available to client via a password-protected online gallery within 7 days following the Photo Session. Proofs may include artistic enhancements or touch-ups added to the images in Photographer’s sole discretion. Client has 7 days to provide either their revisions or their approval regarding [image selection, album layout, photograph size, or other factors]. If Client does not provide the necessary input within 7 days, then the Proofs shall be deemed to be accepted and Photographer shall incorporate the proofs into a final album for delivery to the Client. Client shall have the opportunity to submit 2 rounds of revisions; if additional rounds of revisions are needed, Photographer shall charge client $50 for each additional revision.
a. Client agrees to allow Photographer to notify all photo session participants of the online gallery by providing a hyperlink and
appropriate logon and Photo Session identification information. The online gallery shall be available for 6 months.
8. Delivery Date. The Album (if included in package)shall be delivered no later than 4 weeks Photo Session from the date of final Client approval.
9. Price Protection. Photographer warrants all prices quoted for Photo Session images are valid for a period of 1 month following the Photo Session. Orders placed after such period are subject to Photographer’s published pricing at the time of the orders’ placement.
10. Model Release. Client hereby agrees that Photographer may reproduce, publish, exhibit, and otherwise use images from the Photo Session for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons appearing in the images. Photographer will get permission from Client to use images before they are used for these purposes
11. Jurisdiction. The state and federal courts serving Cobb County, Georgia shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties hereto consent to the jurisdiction of such courts.
12. Attorney’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed thereunder, shall be entitled to recover reasonable attorney’s fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.
13. Assignment. This Agreement may not be assigned.
14. LIMITATION OF LIABILITY. PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES