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1. PHOTOGRAPHY SESSION ORDER:: This contract constitutes an order for photography in the form of high-resolution digital images. There are no oral or other agreements of the parties hereto, and this contract constitutes full and complete understanding and agreement between the Client and Photographer.
2. LIMIT OF LIABILITY:: Although care will be taken with the digital files, the Photographer limits any liability for loss, damage, or failure to deliver photographs for any reason of photographer's non-performance caused by any force or similar circumstances, illness, accident, or any cause beyond their control. In any event, the limit of Photographer's liability shall not exceed the contract price stated herein.
3. OWNERSHIP OF DIGITAL FILES:: Upon delivery of the digital files to Client's physical control, the Client shall gain personal non-commercial rights to the purchased images. It is also agreed that the Photographer will have full rights to use all images for advertising purposes. The Photographer does NOT guarantee archival of the digital files past a period of six months after the session/event date and will not be held responsible if loss occurs as per section 1.
4. DISPLAY OR PROMOTION:: It is agreed that the Photographer may display and use photographs from session/event for web site and internet promotion, and any other non-commercial purposes thought proper by the Photographer.
5. SESSION FEE:: Upon signature and payment of the session fee, the Photographer reserves the time and date agreed upon and will not make other reservations for that time and date. For this reason, the session fee is non-refundable, even if the photo-session is cancelled for any reason. In the event of sickness, every effort will be made to reschedule the session for another time that is convenient for both parties. Sessions can only be rescheduled one time at no cost.
6. RESHOOTS:: In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will reshoot at a 25% discount from the original session fee. Client is then able to order prints from the second portrait session only. In the unlikely event that the finished product from a portrait session is unusable due to technical problems, (camera failure or exposure problems), Photographer will reshoot at no additional charge.
7. RETOUCHING:: Standard retouching includes light blemish and stray hair removal. Complex retouching such as the removal of scars or heavy blemishes will incur an additional fee.
8. GUARANTEED DELIVERY:: Photographer agrees to deliver high-res files within 14 days of portrait session. No prints are included in session fees. Once the file link has been sent, files will be available for Client to download for up to 7 days. Extensions of the link availability will incur a convenience fee of $20.
9. PAYMENT:: A retainer fee of 50% of the selected photography package is due at the time of booking to reserve your session. The retainer fee is non-refundable. Upon payment, the photographer will reserve the time and date agreed upon by both parties. Prices are non-negotiable and only guaranteed once the retainer has been paid. The photographer reserves the right to offer your session date to another client after 48 hours if your retainer fee has not been paid in full. The remaining balance is due prior to or at your scheduled session. Payment can be made via cash, check, Venmo, Zelle or PayPal.
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