For the Session Fee listed below, the parties agree as follows with respect to the images taken by Sea Green Photography ("Photographer") for Client at the session (“Session”):
1. DEPOSIT AND PAYMENT. Any payment of the Session Fee made before the Session (“Deposit”) is non-refundable upon cancellation. A Deposit may be re-applied subject to availability if the Session is rescheduled within 30 days.
2. PHOTOGRAPHIC MATERIALS. All photographic materials, including but not limited to digital files, proofs, and previews, shall be the exclusive property of Photographer. Photographer will make high-resolution digital images (“Digital Negatives”) available for Client to download. Client must download and store the Digital Negatives within two weeks of receiving an online gallery. Client understands that digital media may fail over time , and Client is responsible for making backup copies of the Digital Negatives provided by Photographer to Client.
3. COPYRIGHT AND REPRODUCTIONS.
- Photographer will give Client a reproduction release, which gives Client the right to reprint the images for personal use at any time. Photographer retains all copyright and licensing rights under United States Copyright Laws.
- Any use of the images by Photographer will be judicious and consistent with high standards of taste and judgment.
- Client cannot publish any image in any manner without the written consent of Photographer, except that Client may share images on social media (including but not limited to Facebook, Instagram, and Twitter) as long as the images contain Photographer’s watermark and/or are otherwise clearly attributed as the work of Photographer.
- Photographer shall not permit, participate or assist in any commercial use or sale of the images (except for the provisions outlined above) in which recognizable person(s) are pictured without specific consent of Client or the recognizable person(s) in the images.
4. FAILURE TO PERFORM. If Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then Photographer will attempt to reschedule the Session but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer. In the event Photographer fails to perform for any other reason, Photographer shall not be liable for any amount in excess of the retail value of Client’s order.
5. SESSION. Client shall assist and cooperate with Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed and taking time to pose for photographs at Photographer's direction. Client understands and acknowledges that Photographer is being hired as an artist to interpret the subject photographically, and that Photographer, except as is stated herein to the contrary, has no limitation in how to record the subject including choice of media, composition, color, or any other aspect of the photographic process. Client understands and further acknowledges that photographs are subject to many variables, and as such Photographer cannot guarantee the delivery of any specifically requested image(s).
6. LIMITATION OF LIABILITY. Photographer’s full liability under the terms of this contract, for any breach or for any loss or injury as a result is limited to a one hundred (100) % refund of any amounts Client paid Photographer for services rendered under this Agreement. This includes, but is not limited to, loss through delivery, processing mishaps, casualty, and/or equipment failure.
7. MISCELLANEOUS. No changes may be made to this Agreement without prior authorization. This instrument is to be construed as a Rhode Island contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and may only be canceled, modified or amended by a written instrument executed by both Client and Photographer. If two or more persons are named herein as Client, their obligations hereunder shall be joint and several. Any waiver of a breach or default hereunder shall not be deemed a waiver of subsequent breach or default of the same provision or any other provision of this agreement. The waiver of any one time breach of any term, condition, covenant, obligation, or agreement of this contract shall not be considered to be a waiver of that or any other term, condition, covenant, obligation, or agreement or of any subsequent breach thereof. The failure of either party to enforce any terms or conditions of this contract shall not constitute a waiver of the same or other terms and condition or otherwise prevent or preclude such party from exercising the rights or remedies hereunder, at law or in equity.