PORTRAIT PHOTOGRAPHY DISCLAIMER
Founder: Shawn Mills 149 Chace St.
Somerset MA 02726
This agreement is between the Client and Achieving Moments
Payment. The Client shall make a payment for the portrait session to Achieving Moments to perform the services specified herein. Upon payment, a photographer will reserve the time and date agreed upon by both parties exclusively for you.
Cancellation. If the Client requests to cancel this appointment or not show up, the client can use the payment as a credit for the following year. Client understands and agrees that the Photographer will not book other sessions during this time. In the event that the Client cancels the portrait session or fails to attend the session on the Session Date, for any reason, the Photographer shall suffer losses that are difficult to ascertain.
Rescheduling/ Late Arrivals. In the event that the Client is late, we will do our best to fit you in however we can’t guarantee that it will happen.
Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client.
Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the
Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.
Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.
Social Media. The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links if provided.
Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, the act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return the payment to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.
Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
Photographer’s Standard Price List. The charges in this agreement are based on the 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.
Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may
refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
Indemnification. The Photographer shall be held harmless for any and all injury to the client during the course of the photography session and the immediately surrounding events.
Miscellany. 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 MA or RI.
Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.