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Session: Terms and Conditions

(Guardian must acknowledge and sign if model is under 18)

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Agreement Overview
This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to notify the Photographer.

Retainer Fee
A retainer fee of 50% is required to book your session. This is a non-refundable retainer fee. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer fee and contract is received. The retainer fee shall be applied towards the total cost of the service to be rendered.

Cancellation
There shall be no refund of retainer after the signing of the Contract and the reservation of the photography date. Once a balance is paid, it is non-refundable. If client is unable to attend his/her session, cancellation notification must be given to the photographer. Any other arrangements regarding rescheduling, etc. shall be discussed between the Clients and the Photographer. All arrangements will be put in writing.

Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. It is acknowledged that any photo requests submitted to the Photographer will be used for organizational purposes only and in no way, is the Photographer required to fulfill these. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.

Copyright
All photographs are copyrighted under NV Photography. The negatives and/or digital images (hereinafter referred to as the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties. Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. The client understands the images given on CD/DVD/Flash Drives, etc. cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.

Exclusive Photographer
The Photographer and/or any subcontractors hired by the Photographer to photograph a session shall be the exclusive photographer(s) retained by the Client for the purpose of the portrait photography. Family and friends of the clients and other event vendors shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.

Expenses
Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are predetermined and will be added to the initial payment total. Clients are responsible for all location fees and permits.

Garments
The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.

Creative License/Editing
Images are edited at the Photographer’s discretion, and the Client will receive the amount of photos agreed upon per the package paid for along with any additional photographs purchased. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards. Editing will typically take 2-3 weeks to complete.


Force Majeure
If the Photographer or its subcontractors cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any money paid by the Client, except for the deposit and any other expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer.

Image Archive
Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control. Photographer cannot guarantee/duplicate a requested image. Number of images provided will depend upon cooperation of all subjects and situations. Photographer does not guarantee any specific number of images. Once images are delivered, photographer will not be held responsible for original files and may not be able to reproduce files. Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt. Photographer agrees to achieve all images for a period of 6 months. Online galleries are available for 14 days and then are subject to removal. A reopening fee of $35.00 is required to reopen the gallery.

Image Printing
NV Photography cannot guarantee images printed from any establishment and cannot be held responsible for print quality if images are printed by any source other than NV Photography and its approved venders. Print release pricing is and will be excluded from session fees. Print release charges range from $40-$100 depending on session type. (Please contact me for pricing info.)

Liability
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.

Model Release
I hereby give to NV Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:

a) To copyright the same in the photographer’s name or any other name that he/she may select;

b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;

I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.

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*$5 per additional image. After purchasing 10 additional images, the 11+ ones will be reduced to $3 each. Photos will be uploaded onto an online gallery shown as proofs.

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Printed packages or extra prints are available online as add-ons and are not included in session unless stated.

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Turn over time due to editing may take up to (7) days.

*Signing name and details below signifies agreement. 

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