TERMS AND CONDITIONS

This agreement is between Gravity Designs, LLC, hereinafter referred to as the “Photographer”, operating in the State of Colorado, and the subjects (if subject is over 18 years old) or legal guardians of minors contracting the photographer for portrait photography, hereinafter referred to as the “Client.”

1. Retainer. The Client shall make a non-refundable full payment or 50% retainer to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties exclusively for Client. Client may opt for a partial retainer of $100.00. Partial retainers act as a reservation fee to reserve the time and date agreed upon by both parties exclusively for Client and do not deduct from total amount due. Payment is due in full prior to session date unless other payment arrangements have been made in advance. 

2. Cancellation. If Client requests to amend or cancel this agreement 7 or more calendar days before the session date, monies collected shall be applied to a mutually agreed upon reschedule date. If Client cancels this agreement, or fails to show, this agreement 6 or less calendar days before the session date, all monies collected shall be forfeited. Client understands and agrees that Photographer will not book other sessions during this time. In the event that Client cancels the portrait session or fails to attend the session on the session date, for any reason, Photographer shall suffer losses that are difficult to ascertain. 

3. Impairment / Hostile Environment. If the Client attends the portrait session and is unable to perform due to intoxication or being under the influence of any impairing substance(s), or if any friends, attendees, or chaperones of Client on-set are impaired and creating a hostile or distracting environment, all monies collected shall be forfeited and Client will be asked to leave the premises. Client understands and agrees that Photographer will not book other sessions during this time and Photographer shall suffer losses that are difficult to ascertain.

4. Rescheduling/ Late Arrivals. In the event that the Client requests to reschedule a session, the retainer shall be applied to a rescheduled session if notice is given at least 7 days prior to the schedule event. Reschedule must be within 30-days. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session. 

5. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client.  

6. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online gallery proofing website or through an in-person ordering session. These proofs shall be available to the Client within 2-4 weeks of the session. If an online proofing gallery is delivered, it shall remain open for 60 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $20 unarchival fee shall apply. 

7. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio, or Photographer’s third party websites including but not limited to Instagram and Facebook. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. 

8. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. The Client may not modify the photograph in any way, affix logos or watermarks to any digital files or prints, apply filters or additional effects other than cropping the images to fit a particular use. If the Photographer provides a digital file print release or unlimited-use license, the Client must act in accordance with the release or license. 

9. Social Media. The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion. Client must credit or tag photographer in all such posts.

10. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.

11. Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism. 

12. Makeup artist/stylist. The Photographer assigns makeup artists/stylists from a predefined pool of professionals. Although Client may request a makeup artist/stylist, the Photographer reserves the right to substitute another makeup artist/stylist based on availability at the discretion of the Photographer and does not constitute a breach of this agreement. Client must verbally approve makeover before session starts. If Client does not like received makeover, Client must notify Photographer immediately at the time of service and before session starts and makeup artists leaves the premises. Dissatisfaction of Client’s makeover not communicated by Client at the time of service does not constitute a breach of this agreement by photographer and does not  warrant refund of any monies collected.

13. Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. 

14.Travel and Overage Fees. The Client shall pay $2.25 per mile one way for travel outside the studio or other base location range. 

15. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute. 

16. Indemnification. Client agrees to waive any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by client, or any of the property belonging to client, whether caused by the negligence of the Photographer, or otherwise, while performing the photography session and the immediately surrounding events, or while in, on or upon the premises where the photography session was performed.

17. Miscellany. 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 Colorado. 

18. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

19. Pandemic Policy. If Client has been exposed to COVID-19 or any other pandemic or epidemic within the last 10-days or is exhibiting symptoms of COVID-19 or any other sickness, pandemic, epidemic, or otherwise, session will be immediately terminated and rescheduled to a future date. The retainer or any paid monies are non-refundable and will be applied to the rescheduled session. If client is unable to reschedule or wishes not to reschedule then retainer and any paid monies are non-refundable.

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