candace howe studios Portrait Session Agreement

Client Agreement

This AGREEMENT is between the Client, listed below, and Photographer Candace Howe of Candace Howe Studios and is in effect as of date of signature. This agreement is with respect to photographing Client and editing of photos, referred to as the Work. Client wishes Photographer to create Work described more fully below. The parties agree to the following: 1.RETAINER AND PAYMENT: The Photographer reserves the date and time agreed upon and will not make other reservations for that date and/or time, for this reason retainers are non-refundable. The Client agrees to pay the Photographer the total fee specified in the invoice they receive from Photographer. The total fee balance presented on Photographer’s Invoice to the Client is required along with signed agreement to secure session date and time. Photographer agrees to provide the client an exclusive professional photography session based on the Session Type as outlined in the Photography Pricing List. DESCRIPTION OF WORK: * Pre-Session Consultation * Makeup application for two * In-studio portrait photography * Studio wardrobe access * Professional Editing of Images *Print Products

First Name

Last Name

SESSION DATE

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DD

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INITIAL

MODEL RELEASE: Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs not within the Copyright Agreement of Clients, in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases the Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.

PHOTOGRAPHIC MATERIALS: All photographic materials, including but not limited to negative, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through and online gallery proofing website. These proofs shall be available to the Client within 2-3 weeks of the session. The online proofing gallery shall remain open for 30 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $75 archival fee shall apply.

I Agree

I elect to keep my photographs private. Photographer will refrain from sharing any photographs from session on any social media platforms and agrees not to utilize photographs for any marketing, advertising, editorial, trade, and/or advertising materials. [Additional 15% Fee Applied to Total Balance]

CANCELLATION: If the Client requests to amend or cancel this agreement 10 or more calendar days before the session date, the retainer shall be applied to a one time, mutually agreed upon reschedule date. If Client cancels this agreement 9 or less calendar days before the session date and/or does not show, the retainer shall be forfeited and a new retainer fee will be required to reschedule. If the balance of the session is not submitted within 48 hours of the above mentioned session date, the session may be cancelled and/or rescheduled at the photographer’s discretion. Client understands and agree that Photographer will not book any other sessions during this time. Photographer maintains a 10 minute grace period for arrivals, lateness over 20 minutes may result in a modified session timeframe and/or rescheduling at the discretion of the Photographer. If a date is not available, all submitted funds may be allocated towards a future portrait session within one (1) calendar year of original portrait session and the retainer shall be forfeited and a new retainer fee will be required to reschedule. Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during the photography sessions. In the event of an early delivery date, all submitted funds will be allocated towards a future portrait session within one (1) calendar year of original portrait session.

By entering my name below, I agree to the terms and conditions as described above.

Contract Effective Date

MM

DD

YYYY

RELEASE AND WAIVER OF LIABILITY DURING COVID-19

I AM AWARE THAT PARTICIPATION IN THIS SESSION MAY INVOLVE INTERACTION THAT COULD POTENTIALLY LEAD TO INJURY, SICKNESS OR EVEN DEATH. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES AND INTERACTIONS WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH MY PARTICIPATION IN THIS ACTIVITY. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH THE CURRENT COVID-19 PANDEMIC AND CONTINUE THIS ACTIVITY AGAINST CENTER FOR DISEASE CONTROL AND/OR GOVERNMENTAL DIRECTIVES. I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity. I hereby waive, release and forever discharge PHOTOGRAPHER (“Released Parties”) from any and all claims I may have now or arising in the future related to my participation in the photography session. I covenant and agree not to sue any Released Parties for any such claims. I hereby waive, release and forever discharge the Released Parties from all of the following (the “Claims”): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which I have or may have in the future (including court costs, attorneys’ fees and litigation expenses), that may arise out of, result from, or relate to my participation in the session or my travel to and from such activities . I understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions; and claims for medical or hospital expenses, including medical transportation services. I understand and agree that the foregoing waiver, release and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any Released Parties. I understand that this waiver, release and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf. I further agree to indemnify and hold harmless all released parties from any claims which I might make or which might be made on my behalf by others or which might be made against me by others, arising from my participation in the activities provided by the released parties, my travel to or from such activities. This waiver shall remain valid unless expressly revoked by the participant or parent or guardian of a minor, in writing, with receipt acknowledged by the released parties.

candace howe studios Portrait Session Agreement

CANDACE HOWE

SOCIAL