TERMS AND CONDITIONS
• It is understood this Studio/Photographer is the exclusive offi cial photographer retained to perform the photographic services requested on this Contract.
• Upon signature, the Studio/Photographer shall reserve the time and date agreed upon. Unless the Studio is able to fully replace the cancelled reservation, all sitting fees and retainers are nonrefundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
• If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the studio/photographer, photographer may elect to use an alternate location or to reschedule the portrait.
• No part of any order, including previews, will be delivered until the balance is paid in full.
• The Studio/Photographer reserves the right to use images created under this contract for advertising, display,publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Studio/Photographer in the event of litigation arising out of such use. Negatives, digital fi les andpreviews remain the exclusive property of this Studio/Photographer.
• Studio/Photographer may substitute another photographer to take the photographs in the event of Studio/Photographer’s illness or of scheduling confl icts. In the event of such substitution, Studio/Photographer warrants that the photographer taking the photographs shall be a competent professional.
• If the Studio/Photographer cannot perform this Contract due to fi re or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Studio/Photographer fails to perform for any other reason, the Studio/ Photographer shall not be liable for any amount in excess of all monies paid.
• Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
• The charges in this Contract are based on the Studio’s/Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
• NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Studio’s/Photographer’s permission, and violators of this federal law will be subject to its civil and criminal penalties.
• This Contract incorporates the entire understanding of the parties and is governed by the laws of The State of Florida.
Client is hereby notified and agrees that:
While the State of Florida has eased or eliminated various COVID-19 based restrictions on businesses, the conduct and performance of the services being provided by the Studio are subject to those rules in place at the time the photography services are to be performed.
Based upon the scope of the social distancing restrictions in place at the time of the photography services, certain aspects of the photographer/client interaction may be altered by necessity.
Client and all members of Client’s party agree to abide by the social distancing measures in force at the time of their session or event. Client and members of Client’s party explicitly agree and understand that failure to adhere to such social distancing measures places them at increased risk of COVID-19 exposure or transmission.
Client and members of Client’s party assume all risks associated with potential COVID-19 transmission or exposure in relation to the photography services being provided and accept sole responsibility for an illness, injury, damages, claims or expense arising therefrom regardless of the identity of the person alleged to be at fault for such transmission or exposure.
As consideration for this waiver, Studio agrees to waive any liability or claim against Client or members of Client’s party for COVID-19 transmission or exposure.
Notwithstanding the foregoing, the Waivers contained in Sections 4 and 5 of this Notice and Waiver shall not be interpreted to prohibit actions or claims against persons who knowingly participate in the photography services while exhibiting COVID-19 symptoms or who knowingly participate while having an active COVID-19 infection.