CLIENT SERVICES AGREEMENT
•Following the shoot, Julie Campbell Photography (“Studio”) will make the above described images available in an in person ordering session, or online at juliecampbellphotography.com in a private password protected gallery. Client will be able to view the images and decide whether he or she will purchase prints and other photographic services, according to Studio’s current pricing schedule. Studio will not provide printed, online or other proofs to Client unless Client otherwise orders and pays for such proofs.
•Once Studio has completed a client’s order by exchanging images for full payment, Studio shall not be liable for storing those images for Client, unless Client submits additional orders at the ordering session.
•Due to the custom nature of the work, no refunds will be provided for any orders resulting from this Assignment for prints or other photographic products once any work has commenced on the order.
•All images remain copyright Julie Campbell Photography and may not be reproduced without written permission of the Studio.
ADDITIONAL STANDARD TERMS AND CONDITIONS
This Client Services Agreement (“Agreement”) is entered into, and is effective as of the Agreement Date (as defined on page 1) by and between Julie Campbell Photography (“Studio”) and the person(s) identified as the Client on page 1 of this Agreement.
1. DEFINITIONS.
1.1. “Assignment” refers to the portrait session and related photography described on page 1 of the Agreement that Client is specifically commissioning Photographer to perform.
1.2. “Cancellation” means that the Assignment is cancelled by Client and not rescheduled. In the event of cancellation, Client will be responsible for those fees, costs and charges set forth in section 3.2 below.
1.3. “Postponement” is the rescheduling of the Assignment by the Client at least 48 hours prior to the Assignment to a mutually agreeable date, and no more than 20 calendar days after the original Assignment date.
1.4 “Work” means all photographic images, negatives, digital files, prints or other materials created by Studio while performing the Assignment.
2. PAYMENT SCHEDULE. The first and final payment described on page 1 of the Agreement is due and payable at least 15 days prior to the date of the Assignment.
3. POSTPONEMENT, CANCELLATION & LIQUIDATED DAMAGES:
3.1 POSTPONEMENT. Client acknowledges that in the event that there is a Postponement of the Assignment the Studio will incur expenses and financial loss. Therefore, Client agrees to notify the Studio of a Postponement at least forty-eight (48) hours prior to the scheduled Assignment. If client provides studio with notice of a Postponement less than forty-eight (48) hours before commencement of the Assignment, client shall pay a fee to Studio in the amount of Fifty Dollars ($50.00) to cover the expenses that the Studio would not otherwise have incurred had Client not postponed the Contract.
3.2. CANCELLATION. Client acknowledges that in the event that there is a Cancellation of the Assignment the Studio will incur expenses and financial loss. Therefore, Client agrees to notify the Studio of a Cancellation at least 72 hours prior to the expected Cancellation date in order to minimize the Studio’s costs, expenses, and loss of income. Due to the custom assignment and inability of studio to perform other sessions during time reserved for Client, if Studio has received payment for a scheduled Assignment, Client will not be entitled to a refund if he or she cancels the Assignment.
4. MODEL RELEASE. Client shall permit the Studio to use images of Client from any portion of the Work for display, Studio’s web site, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents.
5. JURISDICTION & VENUE. This Agreement shall be construed according to the laws of the state of California. Client acknowledges that this Agreement was entered into in California and that at least a substantial portion of this Agreement will be performed in California, and that the proper venue for any legal action related to this Agreement is in the Superior Courts of the County of Ventura County, California.
6. NO WARRANTY OF LONGEVITY. Studio does not warrant the longevity in quality of any digital media or files delivered to Client. Client bears the sole responsibility for backing up, archiving, and maintaining the integrity of the files.
7. RELEASE AND WAIVER OF LIABILITY By participating in a photo session with the studio I represent that I understand the nature of this Activity and that I am qualified, in good health and in proper physical condition to participate in such Activity. I fully understand that there are minimal risks involved, although every precaution will be made to prevent any harm. Bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions, or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the “released” named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, cost, and damages I incur as a result of my participation in the session.
I herby release, discharge, and agree not to sue Julie Campbell Photography, its respective owner, and employees, and if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the “Releasees” herein) from all liability, claims, demands, losses, or damages, on my account caused or alleged to be caused in whole or in part by the negligence of the”releasees” or otherwise, including negligent rescue operations and future agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the Releasees I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost, which any may incur as the result of such claim.
I have read the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be complete and unconditional release of all liability to the greatest extend allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.