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Client Contract

  • The Parties This Contract for Photography Services (the "Agreement") is made and entered into by and between Robert Otto doing business as Imagerysmith and his successors and assigns ("Imagerysmith"), and myself ("Client") and my successors and assigns. Together, Imagerysmith and I are the "Parties to this Agreement". Fees Imagerysmith charges a reservation fee upon execution of this Agreement, due within seven (7) business days of the setting of a session date. If I cancel the session in compliance with this Agreement, the reservation fee will be refunded. Cancellations and Rescheduling Cancellation of a session by me must be done with at least forty-eight (48) hours of advance notice from the time of the session. If the cancellation is made with at least 48 hours of advance notice Imagerysmith shall return my reservation fee to the address I provided by within ten (10) business days. If a cancellation is made within the 48 hour period before the session, the reservation fee shall not be refunded. Cancellation of a session made with at least 48 hours' notice from the date of the session may be rescheduled without a loss of deposit, as long as the rescheduled date is within three (3) months of the original session date. All multi-session package sessions must be completed within fifteen (15) months of the original session date, unless otherwise agreed to by Imagerysmith and myself. Imagerysmith shall make reasonable efforts to accommodate time or date changes I wish to make, but if the new time or date conflicts with Imagerysmith's existing schedule, Imagerysmith reserves the right to terminate the Agreement. In the event of such a termination, Imagerysmith shall return any previous non-refundable fees or deposits. Reservations of sessions are non-transferable. Re-shoots Re-shoots are determined at the discretion of Imagerysmith. Re-shoots will not be given because of disruptive session participants, poor choices of clothing, make-up, hair, or by not following the recommendations of the photographer. Imagerysmith shall make reasonable efforts to schedule a re-shoot within Imagerysmith's existing schedule, but in the event this cannot be arranged, Imagerysmith shall return any paid fees or deposits associated with the session. Right to Refuse Service I understand and agree that photography is an art and that Imagerysmith desires a positive experience for me during the session. Accordingly, Imagerysmith reserves the right to refuse service, cancel a session and refund all deposits. Further, if I, any person being photographed during the session, or others associated with me in attendance at the session are under the influence, abusive or otherwise disruptive during the session, Imagerysmith reserves the right (at Imagerysmith's sole discretion) to stop the session and either reschedule it without the disruptive person(s), or cancel it and refund 50% (fifty percent) of the session deposit. Limitation of Liability If Imagerysmith does not perform this Agreement due to any unforeseen circumstance, act of God, emergency, other cause beyond the control of the parties, or due to the Photographer's illness, then Imagerysmith shall reschedule the session, or return the session deposit but shall have no further liability with respect to the Agreement, or the services to be rendered to me pursuant to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event Imagerysmith fails to perform for any reason, Imagerysmith shall not be liable for any amount in excess of the amount paid on the my order. Assumption of Risk I voluntarily assume full responsibility on my behalf, and that of any minors accompanying me for our session, for any risks or personal injury, including death, that may be sustained by me, or my minor children, or loss or damage to personal property owned by me, as a result of participation in the session. I recognize and acknowledge that risks inherent to participation can be greatly reduced by exercising caution and common sense when deciding whether or not to Imagerysmith's direction. I hereby release, waive, discharge, and promise not to sue Imagerysmith, from all liability resulting in personal injury, accidents or illnesses (including death), and property loss or damage sustained during my session. Supervision of Minors I agree that a parent or legal guardian will be present at all times when minors, under the age of 18, are participating in the session. Imagerysmith reserves the right (at Imagerysmith's sole discretion) to stop the session if a minor is left unattended; and either reschedule it when a parent or legal guardian may be fully available, or cancel it and refund 50% (fifty percent) of the session deposit. Copyright and Use Imagerysmith shall own the copyright in all images created by Imagerysmith, regardless of the media upon which they are captured, and shall have the exclusive right to make and/or license reproductions. No party other than Imagerysmith may re-mix, edit, or create new derivative versions of the original copywritten work without express written permission. I will be granted a limited license of this copywritten work, to make unlimited printed or developed photographs, for my personal and non-commercial use only. The limited license is royalty-free, and nonassignable without Imagerysmith's prior written permission. Publicity Rights and Promotion Use of Images I further agree that Imagerysmith may use images from my session(s) (including pictures of me, my children, and other people in my pictures) for personal and commercial use, including but not limited to, for Imagerysmith's portfolio, self-promotions, entry in photographic contests or art exhibitions, editorial use, on Imagerysmith's websites, in brochures and in marketing material of Imagerysmith. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining my written permission, or a good faith effort to notify me. Breakdown of Fees and Payment Schedule I agree to the breakdown of fees and payment schedule as specified by Photographer. Model Release I grant Imagerysmith the right to: (1) use, and publish the Photographs in all media; (2) modify or otherwise change the Photographs in any manner the Photographer desires; and, (3) combine the Photographs with textual matter and/or with other pictures and/or media. I understand that the Photographs may be used on Imagerysmith's website or in other commercial advertisements for Imagerysmith. (Additional provision for minors) I warrant and represent that I am the father, mother or legal guardian of the minor child(ren) Model(s) named above. I have carefully read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents thereof. I agree that this release agreement shall be binding upon my child, me, my heirs, legal representatives, and assigns. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Connecticut. By filling out, signing, and clicking the button below, I confirm that I have read and understand this Agreement, and I agree to all of its terms.

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Client Contract

  • The Parties This Contract for Photography Services (the "Agreement") is made and entered into by and between Robert Otto doing business as Imagerysmith and his successors and assigns ("Imagerysmith"), and myself ("Client") and my successors and assigns. Together, Imagerysmith and I are the "Parties to this Agreement". Fees Imagerysmith charges a reservation fee upon execution of this Agreement, due within seven (7) business days of the setting of a session date. If I cancel the session in compliance with this Agreement, the reservation fee will be refunded. Cancellations and Rescheduling Cancellation of a session by me must be done with at least forty-eight (48) hours of advance notice from the time of the session. If the cancellation is made with at least 48 hours of advance notice Imagerysmith shall return my reservation fee to the address I provided by within ten (10) business days. If a cancellation is made within the 48 hour period before the session, the reservation fee shall not be refunded. Cancellation of a session made with at least 48 hours' notice from the date of the session may be rescheduled without a loss of deposit, as long as the rescheduled date is within three (3) months of the original session date. All multi-session package sessions must be completed within fifteen (15) months of the original session date, unless otherwise agreed to by Imagerysmith and myself. Imagerysmith shall make reasonable efforts to accommodate time or date changes I wish to make, but if the new time or date conflicts with Imagerysmith's existing schedule, Imagerysmith reserves the right to terminate the Agreement. In the event of such a termination, Imagerysmith shall return any previous non-refundable fees or deposits. Reservations of sessions are non-transferable. Re-shoots Re-shoots are determined at the discretion of Imagerysmith. Re-shoots will not be given because of disruptive session participants, poor choices of clothing, make-up, hair, or by not following the recommendations of the photographer. Imagerysmith shall make reasonable efforts to schedule a re-shoot within Imagerysmith's existing schedule, but in the event this cannot be arranged, Imagerysmith shall return any paid fees or deposits associated with the session. Right to Refuse Service I understand and agree that photography is an art and that Imagerysmith desires a positive experience for me during the session. Accordingly, Imagerysmith reserves the right to refuse service, cancel a session and refund all deposits. Further, if I, any person being photographed during the session, or others associated with me in attendance at the session are under the influence, abusive or otherwise disruptive during the session, Imagerysmith reserves the right (at Imagerysmith's sole discretion) to stop the session and either reschedule it without the disruptive person(s), or cancel it and refund 50% (fifty percent) of the session deposit. Limitation of Liability If Imagerysmith does not perform this Agreement due to any unforeseen circumstance, act of God, emergency, other cause beyond the control of the parties, or due to the Photographer's illness, then Imagerysmith shall reschedule the session, or return the session deposit but shall have no further liability with respect to the Agreement, or the services to be rendered to me pursuant to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event Imagerysmith fails to perform for any reason, Imagerysmith shall not be liable for any amount in excess of the amount paid on the my order. Assumption of Risk I voluntarily assume full responsibility on my behalf, and that of any minors accompanying me for our session, for any risks or personal injury, including death, that may be sustained by me, or my minor children, or loss or damage to personal property owned by me, as a result of participation in the session. I recognize and acknowledge that risks inherent to participation can be greatly reduced by exercising caution and common sense when deciding whether or not to Imagerysmith's direction. I hereby release, waive, discharge, and promise not to sue Imagerysmith, from all liability resulting in personal injury, accidents or illnesses (including death), and property loss or damage sustained during my session. Supervision of Minors I agree that a parent or legal guardian will be present at all times when minors, under the age of 18, are participating in the session. Imagerysmith reserves the right (at Imagerysmith's sole discretion) to stop the session if a minor is left unattended; and either reschedule it when a parent or legal guardian may be fully available, or cancel it and refund 50% (fifty percent) of the session deposit. Copyright and Use Imagerysmith shall own the copyright in all images created by Imagerysmith, regardless of the media upon which they are captured, and shall have the exclusive right to make and/or license reproductions. No party other than Imagerysmith may re-mix, edit, or create new derivative versions of the original copywritten work without express written permission. I will be granted a limited license of this copywritten work, to make unlimited printed or developed photographs, for my personal and non-commercial use only. The limited license is royalty-free, and nonassignable without Imagerysmith's prior written permission. Publicity Rights and Promotion Use of Images I further agree that Imagerysmith may use images from my session(s) (including pictures of me, my children, and other people in my pictures) for personal and commercial use, including but not limited to, for Imagerysmith's portfolio, self-promotions, entry in photographic contests or art exhibitions, editorial use, on Imagerysmith's websites, in brochures and in marketing material of Imagerysmith. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining my written permission, or a good faith effort to notify me. Breakdown of Fees and Payment Schedule I agree to the breakdown of fees and payment schedule as specified by Photographer. Model Release I grant Imagerysmith the right to: (1) use, and publish the Photographs in all media; (2) modify or otherwise change the Photographs in any manner the Photographer desires; and, (3) combine the Photographs with textual matter and/or with other pictures and/or media. I understand that the Photographs may be used on Imagerysmith's website or in other commercial advertisements for Imagerysmith. (Additional provision for minors) I warrant and represent that I am the father, mother or legal guardian of the minor child(ren) Model(s) named above. I have carefully read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents thereof. I agree that this release agreement shall be binding upon my child, me, my heirs, legal representatives, and assigns. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Connecticut. By filling out, signing, and clicking the button below, I confirm that I have read and understand this Agreement, and I agree to all of its terms.
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