PHOTOGRAPHY SESSION AGREEMENT
This contract between Photos By Tannaz (hereafter “Photographer”) and Client governs the assignment of photographing their session and, with the accompanying Estimate or description of services (if any), constitutes the entire agreement between the parties concerning the assignment. Any amendments to this agreement shall be made and agreed in writing. This Agreement may be executed in one or more counterparts, including electronic versions, each of which shall be deemed an original, but all of which taken together constitute one and the same instrument.
Clients have agreed to the session described below:
* $350.00 non-refundable session fee
FEES:
1) A non-refundable fee of $350.00 shall be required no later than ASAP. The session fee of $350.00 is non-refundable, and is required to reserve a date on Photographer’s calendar. If client has ordered prints, disks, or products, payment for these will be due separately from the non-refundable session payment. No final versions of images in any format, physical or digital, will be released to Client until payment has been received in full.
COPYRIGHT OWNERSHIP:
In the event that any copyrighted work(s) are created as a result of the Services provided by Photos By Tannaz in accordance with this Agreement, Photos By Tannaz owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Photos By Tannaz and may be used in the reasonable course of Photos By Tannaz business.
PERMITTED USES OF PRODUCT(S):
Photos By Tannaz grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Photos By Tannaz with attribution each time Client uses Photos By Tannaz's property. Personal use includes, but is not limited to, use within the following contexts:
- In photos on Client’s personal social media pages or profiles; or
- In personal creations, such as a scrapbook or personal gift; or
- In personal communications, such as a family newsletter or email or holiday card.
STYLE:
Client has spent a satisfactory amount of time reviewing Photos By Tannaz's work and has a reasonable expectation that Photos By Tannaz will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
CONSISTENCY:
Photos By Tannaz will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Photos By Tannaz current portfolio and Photos By Tannaz will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
- Every client is different, with different tastes, budgets, and needs; services are often a subjective art and Photos By Tannaz has a unique vision, with an ever-evolving style and technique; Photos By Tannaz will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client's suggestions; Although Photos By Tannaz will use reasonable efforts to incorporate Client's suggestions and desires when providing Client with the Services, Photos By Tannaz shall have final say regarding the aesthetic judgment and artistic quality of the Services; Dissatisfaction with Photos By Tannaz 's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
MAXIMUM DAMAGES:
Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Photos By Tannaz.
LOSS OF PRODUCT:
In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Photos By Tannaz shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
INDEMNIFICATION:
Client agrees to indemnify, defend and hold harmless Photos By Tannaz and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photos By Tannaz provides to Client.
CANCELLATION, RESCHEDULING OR SERVICES OR NO-SHOW CLIENT:
If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Photos By Tannaz to render Services due to the fault of Client or parties related to Client, such as failure of the photography session to occur or failure of one or more essential parties to the photography session to show up in a timely manner, Client shall provide notice to Photos By Tannaz as soon as possible via the Notice provisions detailed in this Agreement.
Photos By Tannaz has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Photos By Tannaz to provide the Services due to the fault of Client (or parties related to Client), and Photos By Tannaz will not be obligated to refund any monies Client has previously paid towards the Total Cost.
Photos By Tannaz is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the photography session, or should it become impossible for Photos By Tannaz to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Photos By Tannaz is able to secure another, unrelated client for photography session, then Photos By Tannaz may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.
FORCE MAJEURE:
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within [number] days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of [number] days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.
FAILURE TO PERFORM SERVICES:
In the event Photos By Tannaz cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
- Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
- Attempt to find another competent professional to take its place with the mutual agreement of Client(s);
- If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
- Excuse Client(s) of any further performance and/or payment obligations in this Agreement.
PROJECT:
The Client(s) expressly agree(s) to take best efforts to provide Photos By Tannaz and Photos By Tannaz's staff with safe and appropriate working conditions. In the event of circumstances deemed by either Photos By Tannaz or a bystander to present a threat or implied threat of injury or harm to Photos By Tannaz staff or equipment, the Photos By Tannaz reserves the right to cancel all services remaining under this Agreement and leave the event. At the Photos By Tannaz’s discretion, the [Provider] may enact a three-strike policy. After the first offense, the [Provider] will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), [Provider] shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, the Photos By Tannaz will immediately leave the event. If the Photos By Tannaz leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold Photos By Tannaz harmless as a result of incomplete event coverage, or for a lapse in the quality of the Photos By Tannaz 's work, and the Client(s) shall be responsible for payment in full.
NON PROJECT:
The Client(s) expressly agree(s) to take best efforts to provide Photos By Tannaz and Photos By Tannaz 's staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to Photos By Tannaz staff, Photos By Tannaz will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, Photos By Tannaz shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Photos By Tannaz harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the Photos By Tannaz's work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Photos By Tannaz resumes work detailed in this Agreement.
HEALTH & SAFETY:
Client(s) further understand that Photos By Tannaz complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the session Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the Photos By Tannaz to do anything illegal or unsafe. Further, Photos By Tannaz will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Photos By Tannaz reserves the right to end service coverage immediately and/or leave the session. Photos By Tannaz shall be entitled to retain all monies paid and Client(s) agree to relieve and hold Photos By Tannaz harmless as a result of incomplete event coverage, or for a lapse in the quality of the Photos By Tannaz's work.
GOVERNING LAW:
The laws of CA govern all matters arising out of or relating to this Agreement, including torts.
Sever-ability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
NOTICE:
Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Provider's Email: info@photosbytannaz.com
MERGER:
This Agreement constitutes the final, exclusive agreement between the parties relating to the photography session and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement
Photos By Tannaz has the right to refuse service to anyone. By signing below, you agree to all terms listed above.