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 do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Coverage will begin at scheduled appointment, and continue for the number of hours purchased, contiguously at photographer's home location.
If the event is cancelled by circumstances due to photographer, the client shall receive full balance of the booked session as refund. Cancellation by client more than 24 hours in advance shall be refunded in full. Cancellations made 24 hours or less in advance will be subject to a $50 convenience fee due to likeliness photographer will not be able to further book that session.
No call/no show cancellation by client will result in charge of full session fee. Any other arrangements shall be discussed between the Clients and the Photographer and a new agreement shall be drafted and signed by both parties to confirm changes.
**Please be aware that booking fees are non-refundable, and that absolutely no refunds will be given after a session has taken place.
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. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. 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.
Clients are responsible for all location fees and permits.
Title (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively 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 herby 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. If purchasing Hi-Resolution images via website download, Clients will be given a written release to make personal copies of images from downloads. The client understands the images purchased cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.
The Photographer and/or any photographers hired by the Photographer to photograph 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 photographs during session with cell phones or other devices.
WAIVER OF LIABILITY RELEASE
By agreeing to a photography session with Simply Sweet Images, I am hereby waiving, releasing, and discharging Simply Sweet Images and all its affiliates, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me or my family including my traveling to and from this event. Simply Sweet Images 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. Client swears that each person is participating voluntarily in the said photography session and forfeit all right to bring a suit against Melissa Plute or Simply Sweet Images and affiliations for any reason. Simply Sweet Images is not responsible for uncooperative parties. It is understood that the behavior of children is unpredictable, however, photographer is not liable if children do not cooperate during sessions.