Picture A Healthier World, LLC Photography Contract

Terms and Conditions
Last Updated May 28, 2019

1. SCOPE AND SERVICES

1.1 This Agreement is by and between Picture A Healthier World, LLC (“Photographer”) and the Client identified in the online Booking Form (“Client”). Photographer’s relationship with Client is that of an independent contractor. Unless otherwise defined herein, all terms in caps have the meaning set forth in the Booking Form Questionnaire. The Booking Form is incorporated herein and is part of this Agreement.

1.2 Under this Agreement, Photographer agrees to photograph the People to be Photographed pursuant to the package selected by Client in the Booking Form (“Services”).

1.3 No cameras, camcorders or any device capable of recording or transmitting images, including, without limitation, cellphones, are allowed during the session without Photographer permission.

1.4 A non-refundable deposit is due to book the Client’s appointment and this guarantees the time and date allotted for the Client.

1.5 Photographer will provide Client with images in jpg format only. In no event shall Photographer be required to provide any raw or PSD file to Client.

1.6 The manner and method of creating any image is solely at the discretion of Photographer and the Client has no right to control Photographer’s manner and method of performance under this Agreement. The Photographer reserves the creative right to edit and release only those images deemed creditable as professional in quality and within the Photographer’s artistic standards. The exact amount of images the Photographer will provide is specified in the package selected by Client in the Booking Form.

2. RESCHEDULING AND CANCELLATION

2.1 Client may reschedule a session once without charge upon 7-day written notice to Photographer. In this case, the deposit will be transferred toward the new session date. If Client reschedules a session more than once or fails to observe the 7-day notice, Photographer will not refund the deposit.

2.2 Photographer is not required to refund the deposit and the Client will lose his/her right to reschedule, if Client cancels a session and fails to reschedule within one year of the date of booking.

2.3 Client must make every effort to appear for the session on the scheduled time. If Client arrives at the session fifteen minutes later or more than the agreed upon session time, Photographer will reduce the total session time proportionally to the Client’s delay.

3. WARRANTY AND DISCLAIMERS

3.1 Photographer warrants that Services will be provided by a highly-skilled professional and with a quality which is consistent with the quality of Photographer’s current portfolio. Client understands that the images constitute a work of art and, therefore, Photographer will make a good faith effort to achieve Client’s desired results. However, Client acknowledges that Photographer cannot and will not guarantee any particular results. PHOTOGRAPHER DISCLAIMS ALL OTHER WARRANTIES NOT EXPRESSLY PROVIDED BY THIS AGREEMENT WHETHER EXPRESSED OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE.

3.2 If Client understands the images do not conform to the standards of Section 3.1 above, Client must review the images and must notify Photographer within the 7-Day Period (defined in Section 4.3 below). Photographer’s sole obligation will be to replace the images to a suitable resolution or to reasonably treat the image to conform to the warranty provided in Section 3.1. Failure by Client to notify Photographer within the 7-Day Period constitutes Client’s acceptance of the images.

3.3 Photographer is not responsible for the quality of images printed by Client at third party bureaus not approved by Photographer. If Client orders photographic products through Photographer, Client must submit a complaint in writing about a defect within 14 days of receipt of the products. Photographer will replace the defective photographic products as soon as possible. After the 14-day period, no returns on photographic products will be accepted and no refunds will be made by Photographer.

3.4 Services will be provided at Photographer’s premises or at a location to be mutually agreed upon by the parties. Although Photographer may exercise utmost care, Photographer may not guarantee a 100% risk free environment for the Services. Client, for himself or as a parent or legal guardian of the People to be Photographed WAIVES, RELEASES, AND DISCHARGES from any and all liability, including but not limited to, liability arising from negligence, gross negligence or fault of Photographer, for Client’s or the People to be Photographed death, disability, bodily injury, property damage, property theft, or actions of any kind which may hereafter occur as a result of the provision of the Service. Client agrees to (and to cause People who will be Photographed to agree to) indemnify, hold harmless, and promises not to sue Photographer or anyone acting under Photographer’s control or supervision from any and all liabilities or claims as a result of the Services, whether caused by Photographer’s negligence, willful misconduct or gross negligence.

3.5 If Photographer is unable to perform any or all of the duties herein for any reason, including but not limited to fire or other casualty, strike, weather, act of God, or other cause beyond Photographer’s reasonable control, or due to Photographer’s illness or emergency, then the Photographer shall return any deposit to the Client but shall have no further liability with respect to this Agreement. This limitation of 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, including due to robbery or theft of Photographer’s equipment. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of all monies paid.

4. PAYMENT AND DELIVERY

4.1 For the Services, Client will pay the investment corresponding to the package selected by the Client based on Photographer’s then current package options

4.2 Photos are delivered within 2-4 weeks after your photo session.

4.3 Online galleries will only be viewable for 7 days and Client must place the full order during this 7-day window (“7-Day Period”). The ordering period can be extended for an additional 7 days for $35. Additional products may be purchased outside of the ordering period; provided, however, that any order after the ordering period may be subject to price changes.

4.4 For products included in the package contracted by Client, Client’s print credit shall be valid for the term of one year as from the date of the session, PROVIDED, HOWEVER, THAT ANY AVAILABLE DISCOUNT AT THE TIME OF PURCHASE SHALL BE VALID FOR 30 DAYS AS OF PURCHASE. After the deadlines above, the DISCOUNT or credit, as applicable, will expire and Client will have no right to any DISCOUNT OR CREDIT.

4.5 No part of any order will be delivered until the balance is paid in full

5. IMAGES & COPYRIGHTS

5.1 All images and rights relating to them remain the sole and exclusive property of the Photographer. Photographer hereby grants Client a license to print images provided by Photographer through any printing service of Client’s choice, as many times as Client wishes, and to publicly display images online, as long as for personal purposes. Images used for any purpose not specified in this Agreement, must be with the express permission of Photographer and may include the payment of additional fees, unless otherwise agreed to in writing. Client is not authorized to make any edits or stylistic changes to the photos, unless otherwise authorized by Photographer in writing.

5.2 Images may contain copyright management information (CMI) at the discretion of the Photographer in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information. Removing and/or altering such information is prohibited and constitutes violation of the applicable law, including the Digital Millennium Copyright Act (DMCA). Client will be responsible to the Photographer for any penalties and awards available under the law and this agreement.

6. LICENSE TO USE IMAGE, LIKENESS AND NAME

6.1 Client hereby grants Photographer a license to use the image, likeness and name of Client and/or the People to be Photographed in any photograph, image, video, motion picture, or similar work of art for marketing and advertisement purposes or for any other commercial or lawful purpose, and to use and authorize third parties to use the image, likeness and name of the Client and/or People to be Photographed for such purposes, without any compensation.

6.2 Client authorizes Photographer to edit, alter, copy, exhibit, publish, or broadcast the image, likeness and name of Client or the People to be Photographed at any time by means of any media, including but is not limited to any social media, Instagram, blogs, Facebook, sneak peeks, website, marketing displays and print materials, among others.

6.3 Client, on his/her behalf or on behalf of the People to be Photographed, waives any right of privacy associated with his/her image, likeness and name as well as the right to inspect or approve the images posted or otherwise displayed by Photographer.

6.4 Client hereby confirms that Client has obtained the consents and waivers from the People to be Photographed, or from their parents or guardians, if applicable, required for the purposes outlined in this Section 6.

6.5 Client, on his/her behalf or on behalf of the People to be Photographed, hereby holds harmless and releases and forever discharges Photographer from all claims, demands, and causes of action which Client and/or the People to be Photographed, representatives, executors, administrators, or any other persons acting on his/her behalf have or may have by reason of this license.

7. MISCELLANEOUS

7.1 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 New York. The Courts of New York shall have jurisdiction over any conflicts or claims arising from this Agreement.

I confirm that I have read and understood this contract, and I agree to enter into this contract with Picture A Healthier World, LLC.