1. PHOTOGRAPHY SESSION ORDER:: This signed contract constitutes an order for photography in the form of high-resolution digital images and/or prints. 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. EXCLUSIVE PHOTOGRAPHER:: It is understood that no other photographer, amateur or professional, shall be allowed to photograph at the session near the Photographer while she is working due to reasons of the photographer delivering the quality of images as expected. Any breach of this agreement (including iPhone photography) can constitute a reason for non-completion of the job with no liability to the Photographer.
4. OWNERSHIP OF DIGITAL FILES:: It is agreed that dual ownership of the purchased digital files will be maintained by the Client and the Photographer. 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.
5. 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.
6. 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.
7. GUARANTEED DELIVERY:: Photographer agrees to have a proofing gallery complete within two weeks of the photo session date.
8. EMPLOYMENT: This contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.