This Agreement is made effective for all purposes in all respects by and between Liv Inspired Photography, hereinafter referred to as “the COMPANY” and you hereinafter referred to as “The CLIENT” relating to the event(s) detailed below, hereinafter referred to as “The EVENT(S).
ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION: A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY’s materials charges incurred up to time of cancellation.
FILM and COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicitly written permission. If the CLIENT has purchased the print release from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased the print release from the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY as well as unlimited printing rights. The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
If the Model is an adult: I, the CLIENT, warrant and represent that I am not a minor, and do have the legal age or status in my country to sign this Agreement and I am 18 years of age or older on the Photographs session date(s).
If the Model is a minor: PARENTAL AUTHORIZATION. I warrant and represent that I am the parent or guardian of the CLIENT above named. I understand English. I have read this authorization, release, and Agreement in full, prior to its execution, and I am perfectly familiar with its contents This Agreement shall be binding upon me and my heirs, legal representatives, and assigns.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY. Standard portraits will be delivered within a three week time period.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
RESCHEDULING: If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
RESHOOTS/ REFUNDS: Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.
VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the COMPANY will offer technical recommendations only. CLIENT will adhere to the rules and regulations of the location. CLIENT is willingly and optionally using the location and liability will fall upon CLIENT should they not adhere to rules and regulations in terms of safety and appropriateness.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
PAYMENT: A session deposit is due at time of booking with balance being due in full at time of session unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.
ADDITIONAL FEES AND PAYMENTS: Client is responsible for any location costs, fees, permits or expenses associated with the Event or Session. An additional fee of $.54/mile that exceeds a 30 mile radius of Hillsborough, NJ may incur payable at time of session.
COVID-19 WAIVER: I/We knowningly and willing consent to the photography session with Liv Inspired Photography.
I agree as that we voluntarily assume all risks related to exposure of to COVID-19.
I release Brittnee Hagerty and Liv Inspired Photography from any all liability associated, if myself or any other family member recieve a COVID-19 positive diagnosis following our session.
I confirm that I not anyone participating in our session is presenting any of the following symptoms of COVID-19: fever, shortness of breath, dry cough or sore throat.
I agree to inform Brittnee Hagerty/Liv Inspired Photography immediately if anyone that particpated in the session recieves a positive COVID-19 diagnosis within 14 days from our session date.