1. Payment. 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, the retainer shall be applied 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, the retainer 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. Rescheduling/ Late Arrivals. In the event that the Cli­ent requests to reschedule a session, the retainer shall be applied to a reschedules session if notice is given at least 7 days prior to the schedule event. Reschedule must be within the same calendar year. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.
  4. Artistic Rights. The Photographer retains the right of dis­cretion in selecting the photographic materials released to the client.
  5. 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 1-4 weeks of the session. If an online proofing gallery 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.
  6. 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 lns­tagram 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.
  7. 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.
  8. Social Media. The Client may share blog post links and Facebook albums through use of the share functions anddissemination 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. Travel and Overage Fees. The Client shall pay $2.00 per mile one way for travel outside the studio location in Rifle, CO.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. Travel Sessions and Road Trips. Client shall pay a non-refundable full prepayment to participate in travel sessions and road trips. Client understands that if the Client fails to attend the session date, Client forfeits any payments made. 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. All payments are non-refundable even if client does-not participate for the entire session duration.

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