For valuable consideration received, I, the client, hereby grant to Amanda J. Alvares and any assisting photographer(s) the absolute and irrevocable right and unrestricted permission to use, re-use, display, distribute, transmit, publish, re-publish, copy, etc. any images taken of me and/or of my children during the photography session with them. All images can be used either in whole or in part; digitally, in print, or in any other medium now or hereafter known; for any purpose whatsoever and without restriction; altered without restriction; and to copyright the same. I understand and agree that the Photographers may or may not use my name in conjunction with the photographs as he or she so chooses. I hereby release and discharge Photographer, and his or her agents, representatives, and assignees from any and all claims and demands arising out of or in connection with the use of the photographs, including without limitation any and all claims for invasion of privacy, right of publicity, and defamation.
Image Theft: Client agrees to not "screen shot" or "print screen" images from the proofing gallery. If client did not pay for the digital copies of said images, this is image theft. If client chooses to do this the *possible* repercussions are as follows: Client will NOT get his/her images from the session and WILL NOT get a refund at all, photographer can choose refuse to work with the client in the future, photographer can seek legal representation to get financial reimbursement for financial loss from the theft.
Uncontrolled Factors: The photographer(s) is also not responsible for any time/images lost due uncooperative children, animal(s), or person(s). Client also understands that there are no promised amount of images from the session due to the above factors and/or other uncontrollable factors.
Injury/Damages: The photographer is also not responsible for any physical injuries, property damages, or lost items during the session or when in-route to shooting location. I hereby release and discharge all present Photographers, and his or her agents, representatives, and assignees from any and all claims and demands arising out of or in connection with any injuries, death, or losses that may occur.
I and any CHILDREN/WARDS and ANY PETS/ANIMALS IN MY CARE brought to the photo session VOLUNTARILY AND FREELY 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. Please avoid introducing new foods during your session.
Covenant Not To Sue: I agree, for myself and any children/wards and pets/animals in my care, and all my heirs, not to sue Releasees, not to initiate to assist the prosecution of any claim for damages or case of action which I, my underage children or wards, my pets/animals, or my heirs may have by reason of personal injury or death to participation or destruction to participants’ property arising from Releasees’ activities.
I agree, for myself and any children/wards and pets/animals in my care, and my heirs, to indemnify and hold harmless the Releasees 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.
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 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 retreive 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 unforseen, 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 effect 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 work flow 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 will incur if clients requests thinning, tanning, teeth whitening, or any other cosmetic corrections that are not covered within basic editing (mentioned above ^). 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 retreival fee.
If client purchased a package WITH a CD and USB , he/she has 1 week after receipt to confirm that BOTH the CD and USB 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 CD & USB 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 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 auto correct/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. Mini session spots can NOT be re-scheduled since it is a limited session event.
Delayed Arrival: Photographer will only wait twenty minutes after session start time for client IF client has notified her of the delay. Photographer maintains the right to leave at any time after the twenty minutes has passed 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.