Portrait Session Agreement

Overview:

This Portrait Session Agreement is between Marinda Fowler hereinafter referred to as “Marinda Fowler Photography” and the signer(s) of this Portrait Session Agreement hereinafter referred to as “the Client”, both hereinafter referred to as the “Parties”. Portrait session details are detailed below. The session agreement terms are legally binding documents between the Parties.

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 Indiana.

Retainer:

A non-refundable retainer of one half the total package price and a digitally signed copy of this agreement are due at the time of booking your session. The session retainer is applied to the final session fee. The final balance is due on or before the session date. Upon receipt of the session retainer and signed agreement, Marinda Fowler Photography agrees to set aside the Session Date and Time. The Client agrees that all session retainers are non-refundable.

Cancellation:

The Client must notify Marinda Fowler Photography at least 72 hours before the photo session if the Client must cancel. The Client agrees that if the Client cancels less than 72 hours prior their photo session, the Client forfeits the session retainer. If the Client cancels before 72 hours prior to their photo session, the Client has the option of rescheduling on a date and time that will be mutually agreed upon by all parties. The Client’s session retainer will remain on file for a period of 6 months from the original photo session date. If the rescheduled photo session has not taken place within the 6 month period, the Client forfeits the session retainer. Portrait sessions may be rescheduled one time from the original session date and time. The Client agrees that if the portrait session must be rescheduled a second time, aside from an Act of God, the Client will pay an additional session retainer.

The Client and Marinda Fowler Photography agree that cheerful cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time. Session retainers will be forfeited for all scheduled clients who arrive to the session more than 20 minutes after the scheduled time.

Guests:

Marinda Fowler Photography will not tolerate verbally or physically abusive behavior.  Nor will Marinda Fowler Photography share its time or compete with Guest photographers for the attention of the subjects.  Unchecked guest conduct that interferes with photography will seriously affect the quality of the photographs taken and increase the number of photos that must be created.   For this reason, please only bring the people that will be photographed to the session. Also, cameras, camcorders or recording devices are not allowed at the session. If the Client is unable to control the conduct of their guests or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The Client understands that in such an event, no refunds will result.

Limits of Liability:

If Marinda Fowler Photography cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then Marinda Fowler Photography shall return the retainer to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Marinda Fowler Photography. In the event Marinda Fowler Photography fail to perform for any other reason, Marinda Fowler Photography shall not be liable for any amount in excess of the retail value of the Client’s order.

Copyright:

Marinda Fowler Photography shall own and retain the exclusive copyright to all the images taken during the session. It is illegal for anyone other than Marinda Fowler Photography to copy, scan, download, print, reproduce, obtain or retain the digital image files in any way without first obtaining Marinda Fowler Photography’s written permission. Violators of this law will be subject to civil and criminal penalties. While Marinda Fowler Photography has copyright of all images from the photo session, Marinda Fowler Photography will never utilize the Client’s images for any reason without express written permission from the Client. Exceptions to this clause are granted only in the case of the Client’s purchase of Hi-Resolution image files, which will include a Limited Reproduction Release for the Client to obtain prints of the Hi-Resolution images for personal use only.

Payments and Refunds:

The Client agrees that all monies paid to Marinda Fowler Photography are non-refundable. Payments can be made via cash, check, or PayPal. The Client agrees that no prints, products, or digital images shall be distributed to the Client until all payments have been made in full.

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