1. It is understood this Photographer is the exclusive official photographer retained to perform the photographic Services requested on this Agreement. No other photography including Client cell phone photography of the session shoot will be allowed.

2. Client understands that any monies paid upon acceptance of this Agreement is non-refundable.

3. If the Photographer is unable to perform this Agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the Session Appointment. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited to any payments made in advance.

4. If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of images in the artistic standards of the Photographer, Photographer may elect to use an alternate location or to reschedule the Session Appointment.

5. The Photographer reserves the right to use images created under this contract for advertising, display, publication or other purposes related to promoting the Photographer's business. The Photographer is also granted the irrevocable right to use and publish photographs of minor children that may be included, for the restricted purposes of Photographer's self promotion, including advertising the Photographer's business, in any manner and medium, and to alter and composite the same without restriction and without Client's inspection or approval.

6. Digital files and previews remain the exclusive property and copyright of this Photographer.

7. Any hi-res images that are being provided to Client are licensed to the Client for any reason personal, including but not limited to: printing, copying, emailing, and web publishing. This license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature.

8. Client's purchase of hi-res files releases Photographer from any liability due to loss or damage of the images, and also releases Photographer from any obligation to maintain copies of any digital file, image, or photograph. The photographer may revoke this license at any time and for any reason. Rebecca MB. Pearson Photography retains all copyrights to the images and derivative works thereof.

9. Client hereby releases Photographer from any and all claims and demands that may arise out of or in connection with the Services provided herein.

10. Client states that he/she is a legally competent adult and has the right to contract in her own name and those of any minor children included in these images.

11. It is the client's sole responsibility to ensure clothing, shoes, and personal grooming is satisfactory. The Client acknowledges that Rebecca MB. Pearson Photography is not liable for dissatisfaction with images related to clothing fit, style, color, shoe or accessory choice, as well as issues with hair style/color, cosmetics, tanning, sunburn or tan lines as well as other personal grooming issues. The Client acknowledges that the standard editing process does not "fix" or remove wrinkles or stains in clothing, alter cosmetics or hair coloring, nor alter body shape and composition.

 

This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties.