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Here's a reminder of those terms and conditions you agreed to upon booking.
This is an agreement contract between the above referenced Client Name, known for the purposes of this Agreement as "CLIENT," and Emily Goldie Photography, known for the purposes of this Agreement as "PHOTOGRAPHER". CLIENT and PHOTOGRAPHER agree to the following:
1. Services
1.1. PHOTOGRAPHER agrees to reserve the scheduled session date, time and location to provide the CLIENT with the service of a Photo Shoot Session.
1.2. CLIENT warrants that they have actual authority to agree to the use of the likeness of all persons included in portrait(s) and shall indemnify and defend PHOTOGRAPHER in the event of litigation arising out of such use.
1.3. PHOTOGRAPHER will take photographs of CLIENT during the photo session(s). Usually within 48 hours of final payment being made, PHOTOGRAPHER will give CLIENT online access to a web gallery of proofing images. Images will be low-resolution proofs for online viewing only. PHOTOGRAPHER will deliver the final images via email or an online file transfer service within 10 days of CLIENT's notification of final selection. The final images will include complete retouching.
1.4. CLIENT understands and agrees that PHOTOGRAPHER will deliver final retouched full-resolution images via an online file transfer service.
1.5. CLIENT understands and agrees that low-resolution images in the online proofing gallery may not be used publicly, reproduced or distributed or printed by any means whatsoever.
1.6 CLIENT understands that during busy periods, their agreed images may be outsourced for editing.
2. Copyright and Licensing of Images
2.1. CLIENT understands and agrees that PHOTOGRAPHER owns the copyright to all images and reserves all rights to them. PHOTOGRAPHER has unlimited worldwide rights to the images, including full and exclusive commercial and reproduction rights.
2.2. PHOTOGRAPHER grants to CLIENT usage rights for the final images from each individual's session. This includes posting of images on client's website and social media. CLIENT may not sell the images in either digital or print form.
3. Payment
3.1. A booking is only secured once the Client has paid the deposit and funds have cleared into the Photographer's account. This fee is deductable from the final balance payment of the agreed package, however it is strictly non-refundable and non-returnable.
3.2. CLIENT agrees to pay for the session in full on or before the session date. If The Photographer does not receive payment on or before the commencement of work, it is her right to withhold all images until monies are paid in full.
3.3 Any required extra edited images will be completed within 10 days of payment being made - payment of extra images must be made before they are added to The Photographer's editing list.
4. Rescheduling and Cancellation
4.1. In the unlikely event that PHOTOGRAPHER is unable to provide the services on the scheduled date, the CLIENT may reschedule the session and the terms of this Agreement to a future date or terminate the agreement without further action.
4.2. Any rescheduling of set bookings by The Client must be made at least 72 hours before the agreed time
and date. If under 72 hours notice is given, the photographer reserves the right to retain the deposit and charge the full session fee. Any rescheduled sessions must be made within 6 months of the original booking.
5. Limit of Liability
5.1. Services provided are non-refundable.
5.2. If for any reason CLIENT is not entirely satisfied, please communicate with PHOTOGRAPHER immediately so the issue can be resolved. Reshoots will be done at the sole discretion of PHOTOGRAPHER.
5.3. In the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond PHOTOGRAPHER's control, PHOTOGRAPHER's liability is limited to scheduling a new session in order to complete services paid for. PHOTOGRAPHER is not responsible for refunding any fees or any other expenses or fees paid by CLIENT to any third party such as a makeup artist.
5.4. CLIENT understands and agrees that PHOTOGRAPHER is not responsible for or liable in any way for any damage to or loss of CLIENT's belongings or for any personal injury to CLIENT before, during or after the session.
5.5. CLIENT shall indemnify, defend and hold harmless PHOTOGRAPHER and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees arising out of or resulting from the performance of the work described in this Agreement.
5.6. Both parties agree to seek a third-party mediator or arbitrator for any disputes that arise as a result of this Agreement.
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