MOMENTS BY CANDICE - PHOTOGRAPHY CONTRACT

MUST READ ALL PRIOR BOOKING

DEFINITIONS:This Agreement is between Moments by Candice - Photography (Photographer) and You (Client) which includes Moments by Candice - Photography's principals, employees, affiliates and representatives.“Image(s)” means the photographic material created by Photographer pursuant to this Agreement and includes, but is not limited to, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analog, photographic, optical, electronic, magnetic, digital, or any other, media.

USAGE RIGHTS and OWNERSHIP:Client agrees that Photographer is the author and first owner of copyright of all images. Client has been granted a copyright release to print or verbal permission to; upload, display, and otherwise use images for personal use only. Client agrees that client will not use images for any profitable venture without the express, written consent of Photographer. Photographer retains the right to use the Image(s) for her self-promotion, unless otherwise indicated by client during booking process. Original RAW files will not be released to the client.

PHOTOGRAPHIC INTEGRITY and ALTERATIONS:Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for color, contrast, brightness, sharpness, and cropping, are permitted. Any alteration or modification of any Image(s) will not constitute a work of joint authorship. We are not responsible for editing out errors in makeup application, such as lipstick on teeth or impoperly blended foundation.

CLIENT agrees to tag/give credit to Moments by Candice - Photography online on ALL social media platforms on any photos taken during the session.

WAIVER OF LIABILITY, ASSUMPTION OF RISK and RELEASES:Client will indemnify, defend, and hold harmless, Photographer, her contractors, and her representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising from Client’s use of any Image(s). Client is liable for any damage to the location where photoshoots are held, and to any equipment used at the photoshoot resulting from vandalizing or negligence action by the client and/or any of the persons attending or participating in the photoshoot.Waiver: In consideration of permission to use, for the duration of the portrait session, the property, facilities, staff, equipment and services of Moments by Candice - Photography, Client, for herself/himself, their heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Moments by Candice - Photography, its directors, officers, employees, and agents from liability from any and all claims including the negligence of Moments by Candice - Photography resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, observation, and use of facilities, premises, or equipment. Client acknowledges, agree and represent that she/he understands the nature of The Activity and that he/she, including their children, are qualified, in good health and in proper physical condition to participate in such Activity. Client further agrees and warrants that if any time she/he believe conditions to be unsafe, she/he will immediately discontinue further participation in the Activity.This use of Moments by Candice - Photography’s property, facilities, live animals, staff, equipment, and/or services carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Client has read the previous paragraphs and know, understand, and appreciate that risks may occur in the activities made possible by Moments by Candice - Photography. Client hereby asserts that her/his participation is voluntary and that she/he knowingly assume all such risks. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge. Clients who choose to have items returned to them without loss/damage cover do so at their own risk. The Photographer cannot accept liability for loss or damage caused by a third party.Photographer is not responsible for obtaining model, property, trademark, or other, releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain the necessary permissions for any Image use that requires a release. It is Client’s responsibility to determine whether any releases delivered by Photographer are suitable for Client’s purposes.In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.

PAYMENT:All session fees MUST be paid in full unless otherwise stated by the Photographer. Typically deposits are required at the time of booking, and balance is due at time of session.NO RIGHTS ARE GRANTED UNLESS AND UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT.UNLESS OTHERWISE AGREED, THE USE OF ANY IMAGE(S) PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR SUCH AN UNAUTHORIZED USE WILL BE DOUBLE THE INVOICE TOTAL.Photographer does not provide any paper receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered.ONLINE GALLERY:All online galleries provided by Moments by Candice - Photography to the Client remains available for 1 month on the website. After 1 months, his/her gallery is deleted from Moments by Candice - Photography's system.If the Client decides to purchase images after that, a fee of $15 is charged to him/her to reactivate his/her online gallery.After purchasing images, the Client has 5 business days to download the images/files. After 5 business days, a fee of $25 is charged from Client to reactivate his/hers online gallery.Moments by Candice - Photography keeps the Client's files for the period of 1 year. After that, The Photographer is not able to provide the Client's images at any costs.

TIME AND NO SHOW:Client agrees and understands that the start time agreed upon is the time the session begins. If Client’s are late for ANY reason, hers/his time slot may be moved to the latest of the day or the session time will be cut short (may not get the full time in). If Client doesn't show up for the session, credit will NOT be refunded under ANY circumstance.

CREDITS/CANCELATION:If the client cancels for any reason prior to the scheduled session, then the deposit is forfeited. (A credit may be applied at the discretion of the photographer if applicable or on an as needed basis.)If the Client doesn't show up for his/her appointment, the deposit is forfeited. The deposit will NOT be refunded under ANY circumstance or credited to future sessions due to the no-show.If the Photographer cancels due to weather, the client will be scheduled on a different day or the deposit will be credited to a different session.

INCLEMENT WEATHER: If for any reason outside of the photographers control, a session is canceled due to the weather, the client will be given a reschedule date as provided by the photographer. If the client is not able to make the rescheduled time the clients deposit can be held toward another session at a future date. Deposits will not be refunded under any circumstance due to the weather, as the photographer is still responsible for paying venue cost or rental fees.

DEPOSITS ARE NON-REFUNDABLE UNLESS SPECIFIED BY THE PHOTOGRAPHER.

FAILURE TO PERFORM:If Photographer is unable to supply her photographic services due to illness, mechanical breakdown, accident, weather inclement, acts of God, or any other cause beyond her control, then the Photographer will reschedule the session for her next available date. The booking retainer will move to the new date. The Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of the Photographer.The Terms of the above contract are subject to change by the photographer but will not negatively affect the client.

DELIVERY: Unless otherwise agreed upon by the photographer and the client, galleries of final images will be delivered electronically and within two to three weeks of the session date/time. WEDDING PHOTOGRAPHY will be delivered no later than 2 months from the date of the wedding.

MBC is not responsible for clients printing photos which were not officially sent as the final product. Photos captured by screen shoot or saved from preview gallery and sent to print are low quality by design.

ADVANCED EDITING

MBC does not provide advanced photo editing services such as face swaps, clothing fixes, undergarment printing, lipstick removal etc.

Christmas at the Charcoal Barn

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