MINI PHOTO SESSIONS

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Name (The CLIENT)
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ENTIRE AGREEMNT: This agreement contains the entire understanding between Elli Bel Photography and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. RESERVATION: Reservation deposit/retainer and a signed contract are required to reserve the specified coverage. The Reservation Deposit/Retainer of 50% is non-refundable if the CLIENT cancels for any reason; including acts of God, fire, strike and/or extreme weather. SHOOTING TIMES/ADDITIONS/COOPERATION: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT in a manner enjoyed by all parties. The CLIENT and Elli Bel Photography agree that cheerful cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time and finishes after the duration of the mini photo session. Shooting time will not be extended if the CLIENT is late. CANCELATOINS AND DATE CHANGES: Date changes may be accommodated only if communicated to Elli Bel Photography 14 days in advance and only if there is an open date and time for a Mini Photography Session as advertised. Date changes that do not meet the above criteria and/or are past the 14-day advance noticed are considered cancellations. In the event that THE CLIENT cancels the contracted services for photography outlined in this contract on the agreed upon date, the deposit will be forfeit. RAINCHEK: When shooting on location duue to weather, Elli Bel Photography may re-schedule the mini photography session with a minimum as 3-hour notice. The CLIENT will work with Elli Bel Photography in good faith to find a mutually agreeable date and time for a new session or The CLIENT may choose to transfer the deposit to a future mini session date and time as posted by Elli Bel Photography. STUDIO RULES: Elli Bel Photography, its legal representatives/team members/assigns, are limited by the guidelines of site management when shooting in a studio. Only the people to be photographed will be permitted in the studio at any given time. Guests, siblings, extended family etc. are not permitted in the studio at any time. Please refer to mini photo session posting for guidelines for the participating individuals. DIGITAL NEGATIVES, PRINTS AND COPYRIGHTS: The photographs, digital negatives or prints produced by Elli Bel Photography are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Elli Bel Photography’s explicit written permission. Upon final payment by THE CLIENT, limited copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions: • The photographs are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives. • THE CLIENT must obtain written permission from and compensate Elli Bel Photography prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit. MODEL RELEASE: THE CLIENT hereby assigns and grants Elli Bel Photography and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases Elli Bel Photography and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Elli Bel Photography may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, stock photography, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Elli Bel Photography and its legal representatives. EXCLUSIVITY/GUEST PHOTOGRAPHY: It is understood that Elli Bel Photography will act as the sole and exclusive photographer. If the CLIENT hires another photographer or a family member is taking photos or videos on a camera or a cell phone without obtaining permission from Elli Bel Photography beforehand, Elli Bel Photography shall terminate the photshoot and the CLIENT shall forfeit the Reservation Deposit/Retainer. LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill to photograph, Elli Bel Photography will make every effort to secure another date. If the situation should occur and a suitable date is not found, responsibility and liability is limited to the return of all payments received for the package. Elli Bel Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Elli Bel Photography control, Elli Bel Photography liability is limited to the return of all payments received for the session package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. IMAGE COUNT: There is no set minimum or maximum number of files for the session. Even though your session includes a set amount of images, the image count could be between 20-30 images, the final image count could fall lower or higher than the target count. The CLIENT understands that Elli Bel Photography will filter through the files and remove any excess files at their discretion. Any additional images above the ones included in your package can be purchased at an addtional fee. IMAGE EDITING: Elli Bel Photography uses their best efforts to reasonably retouch photographs taken pursuant to this contract, but in the event there are blemished or defects due to improper clothing, clothing worn too tightly, improper fitting, and/or the closing of eyes, these are matters beyond the control of Elli Bel Photography. Elli Bel Photography reserves the right in each and every instance to decide whether or not it is practical to use retouching. The CLIENT agrees that the files included in your package have been edited at the discretion of Elli Bel Photography. Any extra editing requests are subject to a service charge and at the discretion of Elli Bel Photography with right of refusal. Elli Bel Photography may not include a photo if it is not up to self-defined technical standards. Any additional retouching requests are at the cost of $70/hour. The CLIENT can request editing on specific images after. A quote with a price range will be given to the CLIENT for them to approve before any of the work starts. Payment is required before the requested work is completed. IMAGE COMPLETION SCHEDULE: Photo enhancement and online gallery takes approximately 14-21 business days, unless otherwise stated. The CLIENT understands that in some circumstances completion dates may need to be extended. The CLIENT releases all claims to compensation if this may arise. HEALTH AND SAFETY: By agreeing to a photography session with Elli Bel Photography, the CLIENT is waiving, releasing, and discharging Elli Bel Photography, its legal representatives/team members/assigns, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to us or our family including our traveling to and from this event. Elli Bel Photography, its legal representatives/team members/assigns, are not responsible for any injuries inflicted upon any participating parties. The CLIENT will be responsible for their children, for themselves, and release photographer from any claims against their person or their business. The CLIENT swears that each person is participating voluntarily in the said photography session and forfeit all right to bring a suit against Elitsa Beleva or Elli Bel Photography, its legal representatives/team members/assigns, for any reason. Elli Bel Photography, its legal representatives/team members/assigns, are not responsible for uncooperative parties. It is understood that the behaviour of children is unpredictable, however, Elli Bel Photography, its legal representatives/team members/assigns, are not liable if children do not cooperate during sessions. PAYMENTS: In the event of cancellation, any retainers and/or payments made are non-refundable. It shall be liquidated damages to Elli Bel Photography in the event of a breach of contract by the CLIENT. If the CLIENT does not show up on time for their scheduled session, for any reason beyond Elli Bel Photography control, the CLIENT agrees to forfeit their spot and all fees paid. No refunds or exceptions. PAYMENT SCHEDULE: Unless other arrangements have been made, 50% is due at time of signing of agreement. Balance (50%) payable in full on the day of the event prior to commencing the photoshoot. If the remainder is not paid, Elli Bel Photography shall not commence processing the photos until the payment is received. The completion turn around time commences from the time of received remainder. Gift Certificates: Unless other arrangements have been made, 100% is due at time of signing of agreement. COOPERATION AND SAFETY: Elli Bel Photography reserves to right to terminate coverage and leave the location of the photoshoot without any penalties for Elli Bel Photography if the photographer from Elli Bel Photography experiences inappropriate, threatening, hostile or offensive behavior from person(s)/guests of the CLIENT; or in the event that the safety of the photographer from the Elli Bel Photography is in question and due to these reasons the CLIENT shall forfeit the Reservation Deposit/Retainer. EQUIPMENT DAMAGE OR THEFT: If CLIENT and/or CLIENT’s guests or family damage the equipment of the photographer, THE CLIENT assumes the financial responsibility to replace the damaged equipment at full value within 7 business days. If THE CLIENT fails to replace the damaged equipment within the specified time frame, Elli Bel Photography will suspend delivery of the agreed package until THE CLIENT delivers this obligation. THE CLIENT will not hold Elli Bel Photography responsible for failure to deliver pictures after equipment has been damaged.
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