(1.) A deposit of half the session cost is required to book the session. This contract and the deposit should be provided to the photographer within 3 days of receipt or the session date and time is subject to change. If the client cancels at least two weeks prior to the session, the deposit will be refundable (any client cancellation within two weeks of the session will result in the loss of the full session balance). If the Photographer fails to appear at the place and time specified above, the full balance shall be refunded to the Client. If the client is late for the session, the remaining allotted time will be used but not exceed the originally designated end time. Also, should the client be late for the session, the photographer is under no obligation to provide any refund, provide the originally agreed-upon number of photos, or complete the session at all.
(2). Within 21 days of the session, final images will be delivered via email link, and may require computer download. The client will have 14 days to download the final images once received, at which point the online gallery will be deleted. Please note, once the 14 day period has expired, there will be no guarantee that your photos will continue to be available. Photos are often deleted off the photographer computer at that point. If they are available, A fee of $15 will need to be paid in order to republish the gallery. The Final image gallery will usually include the black and white versions of their color counterpart. Client should note that RAW or unedited files will not be available under any circumstances. The client will not have the opportunity to view any select any un-edited RAW photos, as this is considered as the Photographer's responsibility.
(3). 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; taking time to pose for photographs at the Photographer's direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation. Similarly, the photographer will provide direction, should the client desire, regarding clothing, hair, makeup, etc. The photographer is not responsible for client dissatisfaction with items outside of the photographer’s control (hair, makeup, clothing, body image, facial expressions, etc.).
(4). The Photographer retains copyright in the photographs, and hereby grants the Client unlimited but non-exclusive rights to use or reproduce the photographs for which the Client pays. The client does not have permission to sell the photographs for gain or use in commercial use without the photographers additional permission.
(5). Weather Policy- The photographer will follow the weather media closely in the week prior to the session and keep in contact with the client on any possible changes to the session schedule. A final determination by the photographer will be made no later than 24 hours prior to the session. Should the weather not be deemed acceptable, the photographer will offer a 2 alternative dates within the following 2 months. If the client chooses, they may be refunded in full (session and deposit) if the weather is deemed inappropriate by the photographer, and the alternative session dates are not acceptable.
(6). Refund Policy- Should the client be dissatisfied with the photos, the photographer will work with the client to come up with a reasonable solution. Should a resolution not be found, the photographer may provide either a ½ hour mini session OR a refund of the deposit at the discretion of the photographer. Full refunds are rarely given, as there is time, effort, and cost already put in on behalf of the photographer in the way of commute, session time, equipment use, and editing time. Clients are reminded to look closely at the photographer’s gallery when deciding to book, as items like sun flare and high color saturation are considered a part of the photographers “style” and will not be compromised to suit client taste. Photos will rarely be “re-edited” once shown to the client.
(7). Social Media and Distribution- The photographer retains the right to distribute, post, and share photos from the session on social media unless client directly declines below. Clients may share and use these photos as applicable (for personal use only), but they may not print, crop the watermark, or take credit for the photograph in any way.
I decline to have my photos posted to social media (please check)
(8). Photo Alterations- No alterations to the photographs of any kind will be permitted. This includes but is not limited to "instagram filters", filters of any kind, black and white conversions, frames or collage applications (or slimilar), cropping or removing watermark, cropping of any kind, airbrushing, etc. Alterations of this kind may result in legal actions and a fine of $200 plus court fees.
(9). Family Members- Everyone included in the photographs will be considered the "client" and are therefore subject to the rules, restrictions, and laws set forth in this contract. The signer of this contract agrees to these terms on behalf of all those included in the photographs, and is therefore responsible for distributing these rules to the members of their party. Violations of these terms by any member of the signer's party will be subject to prosecution.
(10). Injury Waiver- I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS ACTIVITY OR EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity or event. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity or event in which I may participate, and that it will govern my actions and responsibilities at said activity or event. In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event, THE FOLLOWING ENTITIES OR PERSONS: Cassie Duffle Photography, their directors, officers, employees, volunteers, representatives, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers; (B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence of release or otherwise. I acknowledge that Cassie Duffle Photography and their directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Cassie Duffle Photography. I acknowledge that this activity or event may involve physical activity, and may carry with it the potential for death, serious injury, and property loss. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity or event. I understand that at this event or related activities, I will be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers, and assigns. The accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
Applicable Law: This contract shall be governed by the laws of the County of Oklahoma in the State of Oklahoma and any applicable Federal law.
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