I and any CHILDREN/WARDS and ANY PETS/ANIMALS IN MY CARE brought to the photo session are done so VOLUNTARILY AND FREELY. I agree that I CHOOSE TO ASSUME ALL RISKS AND DANGERS, including the risk of injury or death that may be associated with, or result from, participation in activities during the session.

When using a smash cake or food during the session, the photographer and/or food maker is also not responsible for any physical injuries or allergic reactions to the food item. Please be aware of your child's allergies and your own, and disclose those to the photographer. Your own safety is your responsibility. Please avoid introducing new foods during your session. I understand that it is my duty to disclose any and all allergies during this photo sessions

I waive any liabilities that AMANDA J. ALVARES PHOTOGRAPHY, and any of its photographers and employees, may have to me or my child as a result of any injury to myself, my family, or my child because of my, my family members, or my child’s participation in regard to this CLIENT SERVICE CONTRACT & IMAGE RELEASE.

I agree, for myself and any children/wards and pets/animals in my care, and my heirs, to indemnify and hold harmless AMANDA J. ALVARES PHOTOGRAPHY from any loss, claims, action, causes of action, or proceedings of any kind which may be initiated by me or by any other person, entity or organization, including demands, judgments, costs, loss of services, expenses, or reimbursement of counsel fees incurred by participant or by the Releasees contemplated by this agreement.

Payment:  A retainer fee is required to secure my services on a specific date, the client's session will not go onto the calendar until that it paid and the date will NOT be held otherwise.  This retainer fee is NOT refundable.  The final balance due is required at the START of the session and no images will be delivered until the remaining balance is PAID in full and all funds have cleared and been received. 

Force Majeure:
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within  days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of  days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

Failure to Perform Services 

In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
2. Attempt to find another competent professional to take its place with the mutual agreement of Client(s);
3. If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
4. Excuse Client(s) of any further performance and/or payment obligations in this Agreement.

Appropriate Conduct / Safe Working Environment / Health & Safety

Client(s) further understand that Amanda J. Alvares complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the [event/wedding/session] Client(s) and Client(s)’ agents shall not be exposed to severe illness, or request the Amanda J. Alvares to do anything illegal or unsafe. Further, Amanda J. Alvares will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Amanda J. Alvares reserves the right to end service coverage immediately and/or leave the [event/wedding/session]. Amanda J. Alvares shall be entitled to retain all monies paid and Client(s) agree to relieve and hold Amanda J. Alvares harmless as a result of incomplete event coverage, or for a lapse in the quality of the photographer's work.

COVID-19:  By booking a session with Amanda J. Alvares Photography I am confirming that I have not tested positive for Covid-19 (Corona Virus), been in direct contact with someone who has tested positive for Covid-19, or had a fever/diarrhea/breathing difficulties/nausea in the past 7 days.  All this is true for all other adults and minors that I will be bringing to the session and I take full responsibility for them.  By booking this session, I am aware and accept that I may be exposing myself or others that I bring to Covid-19 and assume all responsibility of the risk.  The photographer is not responsible for any illness that may arise after session date.

Equipment Failure: In the event that there is an equipment failure which results in total loss of images from a portrait session photographer will offer a re-shoot at no charge. Client will have the opportunity to accept the offer and re-schedule at no penalty to them or decline the offer and get a refund.

Image Selection: Client understands that ALL unpurchased / unselected images will be PERMANENTLY deleted after proof favorites have been submitted to the photographer. If client plans on purchasing additional images later, he/she MUST notify the photographer WHEN the favorites are shared with the photographer otherwise there will be no option to retrieve the images at a later date.

Final Image Delivery: Photographer will deliver final images within 2-4 weeks (weekends NOT counted) unless another time is agreed to by photographer as long as no unforeseen, uncontrollable delays occur. The photographer has a family and children so illness can occur and effect the workflow, please be understanding if delays occur. Please also see the below statement concerning favorite selections and how they can affect this turn around time.

Client will have 1 week to get favorites selection back to the photographer otherwise client will lose his/her position within the workflow and the turn around time of 2-4 week no longer applies. If client takes longer then 2 weeks to make their choices, their images will have to be moved to digital storage and if any images become corrupt or lost during that process, photographer is not responsible for any kind of reimbursement of said damaged images.

Photo Editing: Photographer provides only basic editing for all sessions except for designated fantasy or memorial sessions. Basic editing covers minimal acne removal, eye brightening, and exposure correction. Additional charges MAY incur if clients requests thinning, tanning, teeth whitening, or any other cosmetic corrections that are not covered within basic editing (mentioned above ^) on MULTIPLE photos. Fantasy editing is additional if the client is wanting this type of editing he/she must notify the photographer BEFORE the session and be prepared to pay additional fees.

Image Back-up: If client purchases a package that does NOT come with a CD or USB, the client is responsible for backing up the final images from his/her session. Photographer strongly recommends at least one hard copy (a CD) of the images because anything electronic can fail (such as a USB, external hard drive, computer, etc). If client loses their images, photographer may not be able to supply them again and if the photographer can - there is an archive retrieval fee.

If client purchases USB(s), he/she has 1 week after receipt to confirm that the USB(s) are in working order AND compatible with his/her computer system. If there are any issues, client is responsible to report issues to the photographer immediately so it can be resolved. If client fails to report any issues within a week of receiving the USB(s) the photographer may not be able to resupply the images and a refund or reimbursement will NOT be supplied.

Printing Digital Images: I understand that my package only includes high resolution digital files unless it is listed in my invoice.  I understand that I can order prints and other printed products through the photographer in my final gallery and that the photographer only guarantees the quality on prints from actual print labs (mpix.com, whcc, etc). Prints from Wal-mart, Target, Costco, private parties, etc are not guaranteed and the photographer is not responsible for bad prints produced by those locations. If you chose to print through a store at your own risk, be sure to turn off autocorrect/enhance which is always automatically applied by the store’s software.

Re-scheduling: Each client is allowed one re-scheduled regular session date before losing the deposit and the opportunity to work with the photographer. Group Mini session spots can NOT be rescheduled since it is a limited session event. If photographer is not given any notice about a reschedule being needed and the photographer arrives on location - the photographer maintains the right to refuse a reschedule and the retainer fee will not be applied to another session.

Delayed Arrival: Photographer will only wait twenty minutes after the session start time (unless sunsets arrives earlier) for the client IF client has notified her of the delay. Photographer maintains the right to leave at any time after the twenty minutes has passed or the sun has set and then the session will have to be re-scheduled. 

Right For Service: Photographer maintains the right to refuse to work with any person(s) at her discretion. Know that all deposits are non-refundable. If client is chronically late, a bad attitude, communicates poorly or steals or manipulates photographer's images - those are quick grounds of forfeiting the client's right to work with Amanda J Alvares Photography.

I represent that I am over the age of eighteen (18) years and that I have read the foregoing and fully understand its contents. This release shall be binding upon me, my heirs, legal representatives, and assigns.

This agreement is being made and entered into under the laws of the State of California and shall be governed and interpreted in accordance with the laws of said state. This agreement embodies the entire agreement of the parties (client and photographer). No modification of this agreement shall be of any effect unless it is made in writing and signed by all of the parties to the agreement.