ENTIRE AGREEMENT
This Agreement constitutes the sole and entire agreement between the Client and Cindy Phan, and it effectively overrides and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties with respect to the subject matter herein. Amendments or modifications to this Agreement are valid only if made in writing and duly signed by both parties. Should any provision of this Agreement be deemed invalid or unenforceable, such determination shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect. This Agreement shall be governed and construed in accordance with the laws of the jurisdiction in which the photography session is conducted.
SERVICES
Photographer agrees to provide photography services to Client on the date of the booking see* invoice for more information.
Location: within Pierce County
PAYMENT
The Client agrees to pay the Photographer the total fee specified within this Agreement for the provision of photography services. To reserve the Photographer's services for the designated date(s), a non-refundable 50 % deposit is mandated, with the remaining balance required at the day of the event. Final deliverables will be withheld by the Photographer until complete payment is secured. Should there be any additional expenses, such as travel or accommodation, incurred by the Photographer, these will be invoiced to the Client and must be settled in full prior to the delivery of the final product. Failure by the Client to fulfill payment obligations by the stipulated due date grants the Photographer the authority to terminate this Agreement, resulting in the forfeiture of the non-refundable deposit.
COMPLETION SCHEDULE
Delivery of photos will be within 7-10 business days after the Event. The Client will receive the final, edited images via email.
RESCHEDULING AND CANCELLATION
If the Client needs to reschedule the Event, the Client must notify the Photographer at least 24 hours in advance. The Photographer will make reasonable efforts to accommodate the change. If the Client cancels the Event for any reason, the deposit is non-refundable. If cancellation occurs within 5 days of the Event, the Client is responsible for 50% of the balance due as a cancellation fee. If the Photographer cannot perform this Agreement due to illness, emergency or other cause beyond the control of the parties, then the Photographer will make every effort to reschedule the session at a mutually agreeable time.
USAGE RIGHTS
Under this Agreement, the Client is granted an expansive "all-purpose, all-media" usage license. This license permits the Client to freely utilize the images in any manner they choose, across all forms of media, for an unlimited duration, without any restrictions for personal use.
Despite this broad license, copyright and ownership of the images remain with the Photographer. This retention of rights includes, but is not limited to, the Photographer's entitlement to use the images for promotional activities, including showcasing them on social media platforms, in their portfolio, and for other professional purposes. The use of the photographs by the client for commercial purposes is strictly prohibited unless agreed upon in writing by the Photographer.
CREATIVE CONTROL
The Photographer retains creative control over the photographing and editing of images.
While the Photographer considers the Client's preferences, the final artistic expression is at the discretion of the Photographer.
LIABILITY
The Photographer's liability for any claim, breach, or damage by reason of any act or omission shall be limited to repayment of sums paid by the Client to the Photographer. The Photographer is not liable for any injury or loss that may occur during the course of the photography session.
INJURY/ LOSS
The Client releases the Photographer from all liabilities, claims, and damages that may result from any accidents or incidents that may happen during the photography session.
RAW IMAGES
The Photographer maintains exclusive rights to all raw, unedited images obtained throughout the photography session and these will not be made available to the Client. Instead, the Photographer will carefully curate and provide the Client with a collection of professionally edited images in high-resolution format. It is important for the Client to recognize that raw images are in their preliminary, unedited state and necessitate extensive post-processing to meet the standards of polished, finished work. Consequently, the Photographer bears no obligation to edit, release, or otherwise prepare any raw images for the Clients use.
REFUND POLICY
We are dedicated to providing high-quality services and ensuring client satisfaction. If, for any reason, you are not fully satisfied with the services provided, we encourage you to reach out to us immediately through email or phone, detailing your specific concerns so we can attempt to resolve them to the best of our ability.
Please be advised that once a service has been rendered, in alignment with the service agreement provided at the time of booking, no refunds will be issued. This includes non-refundable booking deposits, which are retained to secure your appointment and are forfeited upon cancellation by the client.
• In the event that the client opts not to receive any of the deliverables initially agreed upon at the time of booking (such as priced albums, videos, teasers, etc.) after the completion of the shoot, please note that refunds, in any form, will not be available.
• Should there be a need to modify the agreed-upon deliverables, such requests must be communicated to the photographer in writing and received 3 days prior to the initial date of the shoot. This ensures adequate time for any adjustments to be considered and potentially implemented, subject to the terms of this agreement.
By booking the photo session, both parties acknowledge and agree to the terms and conditions outlined in this contract agreement.