1. Photographer’s Responsibilities (“Services”). Aaron Palaian, Photos By Aaron (“Photographer”) Photographer hereby agrees to perform photographic services for Client at the Portrait Photography Session ("Session") specified above in a professional, workmanlike manner according to the prevailing standards in the industry. Photographer may employ one or more assistants. Photographer shall, in consultation with the Client, individually edit, optimize, color-correct, enhance, and retouch the images taken at the Session.
2. Payment. Full payment for portrait sessions is due at time of booking. If canceled a non refundable deposit of $100 will be withheld from the refund. If rescheduled the first reschedule is free, each additional reschedule will be at a rate of $20. At the time you submit payment the Photographer commits to being available to Client on that date/time (subject to non-payment, reasonable emergencies and force majeure events).
3. Copyright. All photographs taken by Photographer at the Session, in whatever form, are copyright-protected. Any copying, scanning, reprinting, duplicating, or altering of the photographs taken by Photographer, without Photographer’s express written permission is a violation of federal copyright law. Images are given to the client with copyright privileges in most instances. If that's what has been agreed to the Photographer will send the Client a letter giving permission to use and distribute the photos freely.
4. Term. The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the final, Client-approved online gallery to the Client, unless terminated earlier as provided herein.
5. Session Changes. Photographer must be notified immediately of any changes in schedule or location, at least 3 days in advance of the scheduled Session date. If Client notifies Photographer by phone, a written (i.e. email) confirmation must be sent within 24 hours of such notification. If the date of the Session changes, and notice is not given the period specified above, then Photographer shall be entitled to 50% of the deposit as liquidated damages for having to reschedule the Session. The remainder of the deposit shall be applied toward the new date, but Client shall be responsible for making up the deficiency retained as liquidated damages.
6. Cancellation. Upon acceptance of these terms and payment of the deposit, Photographer shall commit to attending the Session at the specified date and time, and shall make no other reservations for that date. If Client cancels the Session entirely, then Photographer shall make commercially reasonable attempts to rebook that date and time. Photographer shall charge a $50 rebooking fee if Session is cancelled (i.e. not rescheduled for a later date) by Client.
7. Proofs. A presentation of the images selected by Photographer in its sole discretion (“Proofs”) shall be made available to client via a password-protected online gallery within 5 days following the Session. Proofs may include artistic enhancements or touch-ups added to the images in Photographer’s sole discretion. Client has 5 days to provide either their revisions or their approval regarding image selection(s). If Client does not provide the necessary input within 5 days, then the Proofs shall be deemed to be accepted and Photographer shall incorporate the proofs into a final online gallery for delivery to the Client. Client shall have the opportunity to submit 2 rounds of revisions; if additional rounds of revisions are needed, Photographer shall charge client $25 for each additional revision. The Client also agrees to notify Session guests of the online gallery by providing a hyperlink and password and session identification information. The online gallery shall be available for at least 6 months.
8. Delivery Date. The online gallery shall be delivered no later than 5 days from the date of final Client approval.
9. Price Protection. Photographer warrants all prices quoted for Session images are valid for a period of 3 months following the Session. Orders placed after such period are subject to Photographer’s published pricing at the time of the orders’ placement.
10. Model Release. Client agrees that Photographer may use images of Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents. Client’s guests at the Session shall be deemed to have consented to the use of their name, image, or likeness by Client or Photographer for the duration of the Session, and Client shall indemnify and defend Photographer from and against any claims that any of Client’s guests may assert against Photographer arising from, or related to, the use of any name, image, or likeness of Client’s guests by Photographer.
11. Jurisdiction. The state and federal courts serving Fort Bend County, Texas shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties hereto consent to the jurisdiction of such courts.
12. Attorney’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed thereunder, shall be entitled to recover reasonable attorney’s fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.
13. Assignment. This Agreement may not be assigned.
14. LIMITATION OF LIABILITY. PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES
Your name written below (digital signature) indicates acceptance of the terms of this contract (above) and the terms therein.