Terms and Conditions
This agreement is made on this purchase date by and between Amanda Gentis (“PHOTOGRAPHER”) and the Purchaser/Consumer of this session (“CLIENT”), contains the entire understanding between PHOTOGRAPHER and the CLIENT.
- Payments– At the time of signing this Contract, CLIENT agrees to pay a session fee to secure the listed date and time of session. Session fee is non-refundable, however, it may be credited to a future session date and time as provided herein below.
- Session– The session will include: approximately 15 minute shoot; the photographer’s time and eye for detail; and pre and post production of images. CLIENT may NOT use DSLR cameras/camcorders during the session unless prior arrangements have been made. Cell phone pictures for social media use are welcomed and encouraged. Only the subject(s) of the session and their parent(s) and/or guardian(s) may be present at the session.
- Images, Session Premiere and Ordering– PHOTOGRAPHER reserves all creative rights for choosing the most desirable images to present to CLIENT. Unless otherwise agreed, Images will be available within fifteen (15) business days of the session date. At the completion of editing, PHOTOGRAPHER will schedule the “Session Premiere” with CLIENT to view and purchase image collection, prints or products. Print, product and collection pricing is guaranteed for thirty (30) calendar days from the date of your Session Premiere. All pricing is subject to change without notice after the 30 day period. Should you place an order after the 30 day period, current pricing will be applied.
- Delivery of Finished Product– After payment in full, PHOTOGRAPHER will deliver the photo(s) to the client in an agreed upon electronic format. Printed materials (including albums) are ordered through a professional printing lab and take 6-8 weeks from order date. CLIENT is welcome to pick-up their photo(s) in person. Photo(s) can also be shipped at an additional cost to be paid by CLIENT prior to shipment.
- High Resolution Files– CLIENT may purchase high-resolution digital files (“Negatives”) as part of the package. Once in CLIENT’s possession, CLIENT assumes full responsibility for the care and condition of said Negatives. PHOTOGRAPHER recommends storing copies in several locations, including off-site storage. PHOTOGRAPHER does not warrant, is not responsible for, and CLIENT waives all claims and request for reimbursement against PHOTOGRAPHER for, the color reproduction or enlargements from these files that have been taken to non-professional and/or consumer type labs. PHOTOGRAPHER will keep a copy of these files for 1 year after the date of the above stated service. Requests for additional and/or replacement copies of Negatives will incur an additional cost of three hundred dollars ($300.00) per set.
- Ownership/Usage– PHOTOGRAPHER retains all rights, title, and interest in and to all photographs and images. CLIENT hereby grants PHOTOGRAPHER permission to use these photos for future advertising, studio display, competition, exhibits and/or reproduction. If high resolution digital images are purchased, CLIENT will receive printing rights/use for non-commercial and personal printing. Digital images may not be altered, edited, or submitted to contests or for print or online publication without PHOTOGRAPHER’S prior written consent.
- Time Required/Courtesy– The photography schedule and selected methodology are designed to accomplish the goals and wishes of CLIENT. CLIENT and PHOTOGRAPHER agree that positive cooperation and punctuality are therefore essential. CLIENT shall provide PHOTOGRAPHER with adequate time to perform the photo shoot. Adequate time shall mean fifteen (15) to twenty (20) minutes unless otherwise agreed to by the parties. PHOTOGRAPHER cannot be held responsible for sessions that do not run on schedule and subsequently limit the time allotted for photos, thereby not providing CLIENT with a full session gallery. PHOTOGRAPHER is not responsible for photos that are not satisfactory to CLIENT or incomplete due to the uncooperative nature of the individuals to be included in any photographs.
- Permits/Fees– CLIENT is responsible for obtaining and paying for all necessary permits required for photo locations, and to make arrangements to have said permit available on the session date.
- Postponement / Cancellation– In the event of postponement, with a minimum of forty-eight (48) hours notice, PHOTOGRAPHER will credit the retainer fee towards a replacement date that is suitable to both party’s schedule. Due to the inability of the photographer to perform other sessions during time reserved for CLIENT, CLIENT will not be entitled to a refund if he or she cancels within 48 hours of session, or does not arrive for the session.
- Warranty– PHOTOGRAPHER will take the utmost care with respect to the production, post-production and delivery of the photo(s). PHOTOGRAPHER shall provide the services and meet its obligations under this Contract in a timely and workmanlike manner.
- Force Majeure– If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party that is unable to carry out its obligations gives the other party reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended and or rescheduled to the extent necessary by such event. The term Force Majeure shall include, without limitation, sickness, other casualty, act of God, severe weather, or other causes beyond the control of the parties.
- On-Location Liability and Indemnification– CLIENT acknowledges that PHOTOGRAPHER has no control over the conditions of the session location(s). CLIENT, on behalf of him or herself, and any minor child(ren) under the age of eighteen (18) years old that attend the session, hereby releases and agrees to indemnify PHOTOGRAPHER from, any and all suits, claims, costs, damages and other liabilities, including reasonable attorney’s fees resulting from personal injury, property damage, or death which occur during the photography session or during travel to and from the photography session location.
- Disclaimers— EXCEPT AS PROVIDED IN SECTION 10 HEREIN, PHOTOGRAPHER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO CLIENT OR TO ANY OTHER PERSON OR ENTITY REGARDING THE SERVICES, AND PHOTOGRAPHER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR COURSE OF PERFORMANCE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability– IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR ANY OTHER NON-DIRECT DAMAGES OR ANY CLAIM OR DEMAND AGAINST THE OTHER PARTY BY ANY THIRD PARTY, HOWEVER CAUSED, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SAID PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. PHOTOGRAPHER’S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE ARISING OUT OF THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED FIFTY DOLLARS ($150.00) OR THE AMOUNT ALREADY PAID TO PHOTOGRAPHER BY CLIENT FOR THE SESSION IN WHICH THE LIABILITY ARISES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT ALLOWED BY LAW, AND EACH PARTY AGREES TO RELEASE THE OTHER PARTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY EXCEEDING THE LIMITS STATED IN THIS PROVISION, REGARDLESS OF THE THEORY OF LIABILITY OR REMEDY UNDER WHICH DAMAGES ARE SOUGHT.
Travel Expenses– PHOTOGRAPHER charges thirty dollars ($30.00) for session locations 15-29 miles from the studio address, and eighty dollars ($80.00) for session locations 30 or more miles from the studio address.
- Term– PHOTOGRAPHER and CLIENT agree that this Contract will commence on the date of session purchase and shall terminate one (1) year from date of session. Said agreement may be extended and/or renewed by agreement of both parties in writing.
- Dispute Resolution– The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Contract will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
- Entire Contract– This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
- Severability– If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- Amendment– This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
- Governing Law– This Contract shall be governed by the laws of the State of Texas. Each party agrees that the exclusive jurisdiction and venue for resolution of any dispute between the parties related to the subject matter of this Agreement, and any claim affecting its validity, construction, effect, performance, or termination shall be in Bexar County, Texas and each of the parties expressly consent to such jurisdiction and venue and waives any objection thereto.
- Waiver of Contractual Right– The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
- Notice– Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in herein or to such other address as one party may have furnished to the other in writing.