Crystalized Photography Contract

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Contract Terms

 

1. It is understood that this photographer is the exclusive official photographer retained to perform the photographic services requested on this Contract.

2. The photographer reserves the right to select which portraits to include in your online gallery that is provided to the client. It is up to the client to select the pictures that they choose for their package. If the client wants to purchase additional images that are not included in their package they can for an additional cost. The photographer is not responsible if you choose the wrong images, or change your mind about the images that you selected for your package.
   2A. The person who pays for session and signs the contract is the person who will select the images to be edited.
   2B. It is up to the client to let the photographer know when they are done selecting their images, once the images are selected the photographer will remove the unedited gallery and create a new one. The clients finished gallery will only stay active for TWO weeks and then will be removed. It is up to the client to download their images within the two week time frame, and if they do not, the photographer is not responsible. There will be a $30 fee to re-upload images within 30 days from your session, if it past the 30 days the fee goes up to $50. The photographer only keeps the images for up to 1 year.
  2C. The photographer is not responsible for the images once they are released to use, via online gallery or any other media.

3. All payments are due the time of the session unless photographer and client work out a special agreement before the scheduled session. Cash is preferred but credit cards are accepted for a small fee, personal checks are not accepted. All payments for services are non-refundable.

4. The Photographer reserves the right to use images created under this contract for advertising, display, publication or other purposes. The client signing this contract warrants that he/she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Photographer in the event of litigation arising out of such use. Digital files and previous remain the exclusive property of the Photographer.

5. Upon signature, the Photographer shall reserve the time and date agreed upon.

6. If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portraits meeting the artistic standards of the Photographer, they may elect to use an alternate location or reschedule the portrait session.

7. If for some reason the photographer cannot perform this contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to photographer's illness or emergency, then the photographer shall return 50% of the deposit or sitting fee to the client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damages without fault on the part of the photographer. In the event that the Photographer fails to perform for any other reasons, the Photographer shall not be liable for any amount in excess of the retail value of the clients order.

8. The charges in the contract are based on the Photographer's standard price list. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

9. Notice of Copyright: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without the Photographer's permission, and violators of this Federal Law shall be subjected to its civil and criminal penalties. This also includes SCREENSHOTS. Do not take any screenshots of any of the images that you did not pay for, as that is stealing. 

10. This Contract incorporates the entire understanding of the parties. Any modification of this Contract must be in writing and signed by both parties.

11. The photographer is not responsible or liable for any damages or injuries. that may occur during, before or after the session, to you or anyone else involved in the session.

12. The parties agree to cheerful cooperation and communication for the best possible result within the definition of the assignment. Crystalized Photography is not responsible if key individuals fail to appear or cooperate during photography session or for missed images due to details not revealed to Crystalized Photography. The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and or scenes to be photographed. The Photographer shall not be responsible for photographs not taken as a result of the clients failure to provide reasonable assistance or cooperation. The photographer shall not be responsible for client not liking images for reasons out of the photographers control such as clothing, hair, make-up, body image and such.

13. In the event Crystalized Photography furnishes a hair and/or makeup artist, Crystalized Photography is not liable for any application or services by this independent contractor. Client agrees to release and hold harmless Crystalized Photography for any services rendered or products applies by any stylist, hair and makeup artist, or other independent contractor during the session. This includes but is not limited to allergies as a result of the use of the products by the independent contractor. Client agrees to notify Crystalized Photography along with any stylist, hair and make up artist, or any other independent contractor used during the session of any and all allergies prior to the session.

14. Boudoir Session Only: The use of alcohol by client is permitted during or immediately prior to the Photography Session, within the limit and sole discretion of the photographer on the scene. Clients are only allowed two drinks maximum. Client understands that consumption of alcohol prior to and or during the session may negatively impact the result of the images. Crystalized Photography reserves the right to cancel or stop the photography session or otherwise deny services at any time if Crystalized Photography believes that client is under the influence of an illegal substance or overly intoxicated from alcohol. Client  acknowledges that the consumption of alcohol carries potential risks and dangers beyond the control of Crystalized Photography. Client also acknowledges that  they are the responsible party, assume all liability for themself for any form of negligence that may arise from the consumption of alcohol by client. Client agrees to indemnify, defend, release and hold harmless Crystalized Photography. from all liability for any and all claims, demands, losses or damages, suites, fines, including court costs and attorneys' fees for any injury, death, or damaged property arising out of making alcohol available during photography session. Client hereby waive all legal rights to pursue any form of legal action against Crystalized Photography to go and the release. is not responsible or liable for any damages or anything that happens after client leaves the photography session. Client agrees that the level of nudity client shows during the photography session is at client's own sole discretion. Client agrees that client will not do anything that client is uncomfortable with and will notify the photographer immediately if client is uncomfortable with a certain level of nudity or a pose.

15.Photographer retains creative control of the session. This control is including but not limited to the adjustment of hair, make up, jewelry, clothing and clothing straps.

16.By Signing this contract you acknowledge that you are not sick or anyone participating in the session, nor have you had any sickness symptoms for at least 3 days. Indoor sessions have a strict no symptoms policy. Outdoors is up to the photographers discretion. If you are sick and do not let the photographer know, the session will be cancelled immediately and no refunds will be given. 

17. By signing this contract you are acknowledging and agreeing to not screenshot any of the images not paid for or included in your package. This is including your unedited gallery. 

18. If you are more then 15 minutes late for your session it will have to be rescheduled. 

I have read and understand this agreement, including the terms and conditions, and agree to be bound by them.

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