Parent(s) listed above, and hereby referred to as "The Parents" and The Tiny Footprints Project (TTFP), a non-profit corporation and affiliate photographers, hereby referred to as "The Photographer".
SERVICES
The Parent(s) wish to be provided with the Photographs by The Tiny Footprints Project and the Photographer agrees to provide these services to the parent(s) under the terms and conditions of this Agreement:
Start date: Session will be scheduled at a time agreed upon by both Parents and Photographer
Completion date: Images shall be released to parents within sixty days of session.
DELIVERY OF IMAGES
The Tiny Footprints Project shall provide the photographs digitally via download.
If there is an issue with receiving digital downloads (i.e., no home computer), please let TTFP know at the time of session to make other arrangements.
We do recommend that all images are backed up as soon as the images are received. The Tiny Footprints Project is not liable for loss of images after they have been provided.
FEE
The Tiny Footprints Project is a complimentary service provided by the photographer. There is no fee or cost to the parent(s)
WARRANTY
The Photographer represents and warrants that:
They will provide photographs with reasonable care and skill.
In the event of illness, injury, or for any reason the photographer is unable to attend the session, the photographer will contact parent to reschedule a time that is convenient for both parent and the photographer.
LIMITATION OF LIABILITY
The Tiny Footprints Project and it's affiliate photographers cannot and will not be held responsible for any injury, deaths, or negligence by any parties during the term of provided services. TTFP shall not and will not be held liable for photographers failure to perform in accordance with the contract.
PARENT(S) ACKNOWLEDGE AND ACCEPT ALL RISKS ASSOCIATED WITH BRINGING THE PHOTOGRAPHER INTO THE NICU ENVIRONMENT, AND PARENT(S) HEREBY INDEMNIFY, RELEASE AND HOLD BOTH TTFP AND PHOTOGRAPHER HARMLESS FOR ANY ACT, OMISSION, INJURY, NEGLIGENCE OR DEATH RESULTING DIRECTLY OR INDIRECTLY FROM THE SERVICES PROVIDED UNDER THIS AGREEMENT. PARENT(S) HEREBY WAIVE ALL RIGHTS AND RELEASE PHOTOGRAPHER FROM AND SHALL NEITHER SUE NOR BRING AN ACTION AGAINST PHOTOGRAPHER OR TTFP FOR ANY CLAIM OR CAUSE OF ACTION, WHETHER NOW KNOWN OR UNKNOWN RESULTING FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER.
This Agreement shall be effective on the date of signing and shall continue through delivery of digital images.
Either Party may terminate this Agreement upon notice in writing if:
a. multiple scheduling attempts are made and an agreed session date cannot be made.
b. either party fails to respond to communication attempts
c. session is canceled without at least 24 hours notice, except in cases of emergency or illness.
Notice under this Agreement shall be sent to the Parent(s) at the email addresses or to TTFP at: ttfpbookings@gmail.com or mailed to PO Box 1383, Evanston, WY, 82930.
RELATIONSHIP OF PARTIES
The Parties acknowledge and agree that the photographs provided by the Photographer, shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
CONFIDENTIALITY
To maintain confidentiality, all postings of photos online and/or on social media, shall be done only by The Tiny Footprints Project and the affiliate Photographer that performed the session, and will be done only with consent below from parent or legal guardian. Images shared on social media are public and may be shared without consent from public pages, which is beyond the control of TTFP.
MISCELLANEOUS
This Agreement may not be amended for any other reason without the prior written agreement of both Parties.
Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute.