PHOTOGRAPHER’S PERFORMANCE OF SERVICES. (1) Photographer will coordinate with the Client to plan and execute the Session based on the photographic needs of the Client; (2) Photographer will accommodate the Client’s stated photographic requests, provided all conditions necessary to take the photograph are available during the Session, allowing for artistic expression; and (3) Photographer agrees to use photographic equipment that is capable of producing high-resolution images.
CLIENT’S AGREEMENTS RELATED TO SERVICES. (1) Client agrees to obtain all necessary permissions to photograph in any physical location; (2) Client shall not request that Photographer enter any private or closed areas during the session; and (3) Client agrees to obtain any necessary permits and to pay any fees necessary for the Session.
SESSION RETAINER PAYMENT. The client agrees to pay Photographer a sum of AMOUNT: $400 to reserve the time for the Session (the “Session Retainer Payment”). This Session Retainer Payment is non-refundable, final sale, and must be paid in advance of the Session.
NO REFUNDS. The photographer shall make every effort to ensure that the Client is satisfied with the photographs delivered under this Agreement. Because photography is, by nature, subjective and the services to be performed under this Agreement are custom, the Client shall not be entitled to refunds for services rendered under this agreement. All sales are final, with no exceptions.
FEES AND COSTS. The client shall be responsible for any and all fees and costs associated with the Session, including any fees to rent or buy props or other elements to be used in the shots, rent any equipment that is necessary beyond standard photographic equipment (camera and lighting), rent any location, and obtain any necessary photography permits.
RETURNED CHECK FEE. client shall pay a service fee of $45 for any checks that are returned for insufficient funds. In the event of a returned check, the Client shall be responsible to pay this returned check fee in addition to the amount otherwise due under this Agreement.
RESCHEDULING POLICY. The client may not reschedule the Session with less than 2-days’ notice. Any attempt to reschedule made with less than 3-days’ notice shall result in forfeiture of the Session and the payment(s) hereunder. To the extent that Photographer must cancel the session, the photographer will reschedule with a print credit of $25. After 3 failed attempts to reschedule the session (per the photographer’s schedule, not the client's), all monies paid to Photographer from the Client shall be fully refunded. The refund shall be paid out within thirty (30) calendar days from the cancellation date.
DUTY TO ARRIVE ON TIME. The photographer and Clients are obliged to show up on time for the Session. If the Client is late to the Session, the Client shall not be entitled to an extension of the time to complete the Session. The photographer shall make reasonable efforts to complete the Session during the time available but cannot guarantee completion if the Client is late. If Photographer is late to the scheduled Session and is unable to obtain the necessary images as a result, the Client shall have the option to either reschedule the Session or receive a pro-rated product credit of the retainer fee.
MAKEUP, HAIR, AND WARDROBE. The client is solely responsible for hair, makeup, and wardrobe. The client should arrive at the Session prepared for the Photographer to begin shooting, with hair and makeup complete and wearing the initial wardrobe. The Session shall not be extended as a result of delays arising from hair, makeup, or wardrobe. Hair and makeup artist referrals are available.
SAFETY OF CLIENT AND PHOTOGRAPHER. It is important that both the Client and Photographer feel safe throughout the Session. The parties agree as follows with respect to safety: Photographer has the absolute right to refuse to continue with a shoot if, at any time, Photographer feels unsafe (with respect to Photographer’s person and/or property) or is subjected to harassment, threats, abusive behaviors, or other hazardous conditions (whether from Client or from others in the immediate environment). If the threat, abuse, harassment, or other unsafe condition is not the result of any action by the Client, Photographer and Client shall either reschedule the Session or move the Session to a non-threatening location. If Client harasses, threatens, or abuses Photographer or puts Photographer in a hazardous position, Client shall not be entitled to a refund or to have the Session rescheduled. The client has the absolute right not to feel uncomfortable or unsafe during the Session. Photographer does not want anyone to do something that they feel is risky, dangerous, or inappropriate. The client agrees to raise concerns as soon as they arise. The photographer shall comply with any requests and honor any concerns raised by the Client. Because Client is responsible for voicing any concerns, Client agrees not to hold Photographer liable for any injury, illness, harm, or damage that may occur during the Session, including from Client taking direction from Photographer. By following the direction of the Photographer without stating concerns, the Client takes full responsibility for the Client’s actions and all consequences of those actions.
interrupted or prevented by inclement weather, Photographer and Client shall determine a suitable alternate location. Photographer and Client shall discuss potential inclement weather on the day of the shoot and make a determination on whether the Session should be relocated.
MODEL RELEASES. All subjects in the photographs will be required to sign a model release before photographs will be taken. this can be done online or in person. To the extent that any minors will be included in the photographs, Photographer shall require a model release executed by the minor’s parent or guardian before photographs will be taken.
[Cecilia Koenig] (the “Photographer”) desires to take photographic images of _____(signed at end of the agreement)____ (“Subject”) to be used commercially, personally, and otherwise. As Subject’s parent and guardian, in exchange good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I hereby irrevocably permit, authorize, grant, and license Photographer and its affiliates, successors, assigns, and licensees, and the employees, officers, directors, and agents of each and all of them (“Authorized Persons”), the rights to use, publish, reuse, republish, distribute, disseminate, display, exhibit, transmit, broadcast, reproduce, record, modify, alter, edit, adapt, exploit, sell, rent, license, otherwise use, and permit others to use images of Subject for artistic and commercial use in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created on any platform and for any legal purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of Photographer and its licensees and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to Subject.
To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world arising directly or indirectly from the Authorized Persons’ exercise of their rights under this Agreement.
I represent and warrant to Photographer that I am at least eighteen (18) years of age, that I am Subject’s parent and/or legal guardian, and that I have full right, power, and authority to enter into this Agreement and grant the rights hereunder.
SELECTION AND ORDERING. Photographer and Client shall schedule an in-person ordering appointment to occur 7 – 21 days after the Session. During that appointment, the Client shall select the final images and photographic products the Client wishes to purchase.
PAYMENT FOR PHOTOGRAPHIC PRODUCTS SELECTED.
PICK ONE OF THE FOLLOWING [INITAIL NEXT TO PLAN]: All online booking defaults to a single payment option. payment plan option available for additional purchases with the signed agreement.
_______SINGLE PAYMENT OPTION - This fee shall be due and payable at the time of the selection and ordering of the photographic products. All fees are non-refundable.
_______PAYMENT PLAN OPTION - This fee shall be due and payable in 3 equal installments. The first payment is due and payable at the time of the selection and ordering of the photographic products, with the following 2 installments due and payable via auto-pay card authorization on ___/___/___ and ___/___/___. All fees are non-refundable.
DELIVERY OF PHOTOGRAPHIC PRODUCTS. Photographers shall deliver the photographic products selected and purchased by the Client four (4) to eight (8) weeks after the in-person selection appointment at a time that is mutually agreed upon by the parties at that appointment. IF ON PAYMENT PLAN: all photographic products (including digital images & digital designs) shall not be delivered until the Client has completed all payments due under this Agreement. Photographers ensure the quality of products before delivery; if the product is not up to standard it may delay the delivery date. The client agrees to release the liability of the photographer for damages, loss, or act of god after delivery.
ARCHIVAL OF IMAGE FILES. Photographers are not obligated to store electronic copies of any photographs after they are delivered to the Client. After delivery, the Client is fully responsible for the care and safety of the photographs, and Photographer may discard the photographs and all electronic copies of the photographs.
COPYRIGHT OWNERSHIP. Photographers shall retain the copyrights to all photographs and other works created under this Agreement. Photographers may use the photographs to promote Photographer’s business and to include the photographs in Photographer’s portfolio, on Photographer’s website, and in any other promotional material created by Photographer. Photographer covenants and agrees not to sell or license any photographs produced under this Agreement to any third parties without Client’s consent.
LICENSE GRANT. Photographer agrees to grant and hereby does grant to Client a fully paid-up, royalty-free, non-exclusive, non-transferable, perpetual, irrevocable license to use the photographs produced under this Agreement, subject to the following limitations.
The client may not: (1) sell copies of the photographs to anyone, (2) enter the photographs into any contests, (3) provide the photographs to be used as stock photos, (4) upload the photographs to any photo-sharing websites, (5) provide the photographs to any third party to be used on social media, (6) use photographs in association with any illegal activities, and/or (7) use photographs in association with any pornographic business or venture. (8) Photographer is not liable for the printing of digital images outside of Cecilia Adalynn Photography services. Please reorder any prints from Cecilia Adalynn Photography to ensure the highest quality.
The client is not required to provide attribution or otherwise credit the Photographer in any way, but the Client may not falsely represent or imply that the photographs are attributable to anyone other than Photographer. While attribution is not required, it is appreciated where appropriate. Should the Client wish to credit the Photographer, the Client should do so in the following ways based on the platform being used:
On a Website: Cecilia Adalynn Photography LLC & www.ceciliaadalynnphoto.com
On Facebook: Cecilia Koenig, Cecilia Adalynn Photography www.ceciliaadalynnphoto.com
https://www.facebook.com/ceciliaadalynnphotography
On Instagram: Cecilia Koenig, @cecilia.adalynn.photo, www.ceciliaadalynnphoto.com
On TikTok: @cecilia.adalynn
ASSERTING COPYRIGHTS AGAINST INFRINGERS. As the owner of the copyrights in the photographs, the Photographer shall have the right, but not the obligation, to take legal or other action to enforce the copyrights, including by sending cease and desist letters, sending demand letters, sending Digital Millennium Copyright Act takedown notices, and/or filing lawsuits or other legal actions against infringers. To the extent Photographer takes such action, Photographer shall bear all costs associated with the enforcement action and shall be entitled to all proceeds from the enforcement.
RELATIONSHIP OF PARTIES. The photographer is an independent contractor with respect to clients. The photographer is not an employee of the Client, and this agreement does not create a partnership, joint venture, or any other relationship between the parties.
REPUTATION MANAGEMENT. This agreement is not an endorsement by either party of the other. Neither Photographer nor Client is required to disclose the relationship or promote the services or products of the other. Each party may disclose the relationship so long as the nature of the relationship is not misconstrued in any way.
MUTUAL INDEMNIFICATION. Photographer agrees to indemnify and hold harmless Client from all claims, losses, expenses, and fees, including attorney fees, costs, and judgments that may be asserted against Client by any third party that result from the acts or omissions of Photographer, Photographer's members, if any, and Photographer's agents. Client agrees to indemnify and hold harmless Photographer from all claims, losses, expenses, and fees, including attorney fees, costs, and judgments that may be asserted against Photographer by any third party that result from acts or omissions of Client, its members, if any, and its agents.
REMEDIES. In addition to any and all other rights, a party may have available according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 5 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such a time period shall result in the automatic termination of this agreement.
FORCE MAJEURE. If the performance of this agreement or any obligation under this agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party is unable to carry out its obligations gives the other party is a reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly, cooperative negotiations. If the matter is not resolved by negotiation, the parties will resolve the dispute using Alternative Dispute Resolution, as follows:
Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation. If mediation is unsuccessful, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association, with the arbitration to be held in Washington. The arbitrator's award will be final, and any court having property jurisdiction may enter judgment on that award. Any action to enforce or challenge the arbitrator’s decision shall be initiated in the Federal Courts in Washington state.
ENTIRE AGREEMENT. This agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this agreement. This agreement supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
AMENDMENT. No amendment to or modification of this agreement is effective unless it is in writing and signed by each party.
GOVERNING LAW. This agreement shall be governed by the laws of Washington.
NOTICE. Any notice or communication required or permitted under this agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER. No waiver by any Party of any of the provisions of this agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
ASSIGNMENT. Neither party may assign or transfer this agreement without the prior written consent of the non-assigning party, whose approval shall not be unreasonably withheld.
EXHIBIT A: All Prices are subject to change without notice. See the full art menu during the ordering appointment for more details. They are as follows: Session fees: 250 per hour for events or $300 per hour for two photographers, 400+ for families and seniors based on location. Includes photographer's time, talent, creative vision, and One desk print with a matching digital image. Digital images: Sold in sets of 10 starting at 1000, Announcement cards starting at 200 Desk prints: unframed 100 framed 200, Museum quality wall art starting at $950, Gift certificates: sold in increments of $20 Storyboxes starting at 1500. Headshots quoted per session