Terms & Conditions of Contract

Family Session Contract

This contract is between Megan Carswell Gladden Photography (“Photographer”) and Becky & Derek Engram (“Client”). This contract is for services and products related to the photography shoot (“shoot”) to take place at the time and place as described below. The parties agree to the following terms:

1. Scope of Work:

Bill to: Client Name: Becky & Derek Engram

Client Address: 121 Maple Ave NW, Marietta, GA 30064

Client Phone: 678-908-5775

Client e-mail: Rengram@proxlearn.com

Session Type: 1 Hour Branding Session/1 Hour Documentary Family Session

Session Date: 9/15/19

Session Start and Stop Times: 4-6 pm

Session Start Location: 121 Maple Ave NW, Marietta, GA

Session Fee: $0

Product Voucher Amount: $0

Free Product: 3 Digital Files for Website/social media (Jewelry promotion) + 1 Framed family print size based on photographer discretion.

Persons to be Photographed: Derek, Becky, Hudson, Carter Engram

Pre-Consultation: The pre-consultation takes place in person during which location, policies and procedures, payment options, and what to expect during your photography shoot will be discussed.

Shoot: Photographer will arrive at appointed time and location. Photographer will stay with the family throughout the reserved time.

If the client is more than 45 minutes late to the session time agreed-upon, the client forfeits the retainer/session fee and it becomes nonrefundable and nontransferable at that time.

Ordering Appointment: Client and Photographer will meet at agreed upon date, time, and location to view the photographic images. Photographer will guide Client in selecting photographic prints and album design. Product voucher must be used at this in person ordering appointment (no exceptions) and will be applied to order total. It is expected the order will be placed at this single in person order appointment however, if additional ordering appointments are required, a $100 (one hundred dollar) fee per additional ordering appointment may be incurred. After the ordering appointment, images will be available for viewing and additional orders in Client’s online gallery for up to three months. After three months, the online gallery will be removed. The Client’s online gallery may be restored to the online portal on request by the Client which may require payment of an administrative fee and/or a minimum order requirement. Although gallery will be open for viewing for three months total, additional orders through the gallery will only be open for a THREE DAY PERIOD with days requested by client at product ordering appointment. After the three days, the gallery will be closed for viewing only. Photographer reserves the right to remove any galleries at any time at her discretion.

2. Fees:

Client agrees to pay the Photographer the session fee for the photography services described in Section 1. Client agrees to pay the Photographer a non-refundable deposit of 50% (fifty percent) of the total price of the photography services upon signing this Contract. This payment reserves the time of the Photographer. In some cases full session fee payment will be due depending on type of session.

The balance of the payment for photography services must be paid in full in accordance with the payment plan set forth by the Photographer 7 (seven) days before the date of the shoot described above in Section 1. If balance is not paid 7 (seven) days before the date of the shoot, the shoot will be cancelled, and money collected, minus the deposit, will be refunded to the Client. The deposit is always considered to be 50% of the session fee even if paying in full.

Shoot locations outside of a 50 mile radius of Marietta, GA 30064 will incur a $100 (one hundred dollar) travel fee in addition to the session fee.

If Shoot location requires a commercial photographer permit, the cost of the permit plus an administrative fee of $25 will be added to the session fee.

3. Cancellation

If Client cancels this shoot for any reason, the deposit will not be returned to Client. Cancellations must be made in writing at least 7 (seven) days before the date of the shoot, and monies collected will be refunded minus the deposit.

If Client fails to terminate the Contract as specified or terminates this Contract within 7 (seven) days of the shoot, Client is required to pay all fees due and owing under this Contract and no refunds will be given.

4. Rescheduling

Rescheduling requests must be made in writing at least 48 hours before the shoot. All money collected will be retained and transferred to the next session. Requests to reschedule made less than 48 hours before a shoot may result in a $100 rebooking fee. Photographer may waive this fee at their discretion.

5. Cooperation of Clients and Guests

Client will cooperate with Photographer and defer to the Photographer’s professional judgement related to matters of artistic discretion. Photographer retains the right to refuse to photograph any situation which would interfere with Photographer’s artistic discretion.

Please Note: It is the parent's responsibility to have met their child's needs prior to the session. Although the documentary approach gives plenty of leeway on photographing all stages of a child’s personality, rest and basic needs of the child should be met prior to our session.

Clients will understand that all aspects of your child’s personality that day may or may not be photographed. Megan does not direct expressions or personalities but will at times move into lighting that will give the best results in particular but not limited to film photography.

Photographer reserves right to cancel shoot and provide no refund in the event Client and/or Guests act in a threatening manner towards and/or harass Photographer.

6. Failure to Perform

If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God, or causes beyond control of the Photographer, the Photographer and Client will make every effort to reschedule the session. If a reschedule cannot be agreed upon, Photographer will return all monies to Client including the deposit, and Photographer will have no further liability.

Further, if the Photographer is unable to deliver photographic materials to the Client due to technological malfunctions, including but not limited to camera and processing, the Client agrees that the Photographer’s liability will be limited to a refund of the fees.

7. Duty of Client

The Client agrees to hold the Photographer harmless from any claim, injury and/or dispute to any Client, guest, and/or family member that arises at any time during or as a result of the shoot or while on Megan Carswell Gladden’s property. It is the Client’s responsibility to supervise minors at all times during the shoot or while on Megan Carswell Gladden’s property to ensure their safety.

Complaints, regardless of their nature, must be lodged with the Photographer immediately.

8. Work Product:

The session fee only pays for the Photographer’s time and talent. Products and digital images are available for purchase at the Ordering Appointment. Photographer will contact Client within 45 days of shoot to schedule the Ordering Appointment.

The number of photographic images shown and available for selection will be up to the Photographer’s discretion and is dependent on the session length.

Products purchased will not be delivered until payment for all products and services have been received in full. Once orders have been placed, they cannot be cancelled or refunded.

Photographer has sole discretion in selecting the photographic materials released to the Client and in performing post-processing or digital image editing on these photos.

Additional edits or conversions may be requested by the Client however, the Photographer may charge an additional processing and administrative fee and reserves the right to decline the request.

Images are not to be edited or altered in any manner by any person or company other than Megan Carswell Gladden, which includes applying Instagram filters or any app or program that provides edits and filters to images. Print release for high resolution digital images is for personal use only. Images can not be used for competition or editorial purposes, but are able to be used on the client's website/blogs to advertise for services.

All credit for photographs must be given to Megan Carswell Gladden on social media and website. Clients must either credit the photo being used on any social media avenue with "Megan Carswell Gladden" (and link to her business page or personal page) or place a link to "www.megancarswellgladden.com in the caption." The copyright and original files remain the sole property of Megan Carswell Gladden. Client is advised that due to the inherent quality of dyes and materials, fading of photographic images may occur. Client agrees to and does release Photographer from any liability claims based upon fading or discoloration in any product provided under this Contract.

Artistic approach to sessions - It is the client's responsibility to peruse the work of Megan Carswell Gladden's body of work and know that future sessions will be in line with this artistic style. This includes haze, sun flare, soft focus, light leaks and other unique elements of film photography. Megan Carswell Gladden’s soul focus of her work is to tell a story and evoke emotion. In focus images are always a priority and are always delivered to the client, however softer focus, hazy, intentionally out of focus images may be included in the finished gallery. These images are purposeful and intentional and tell part of a story.

It is also advised that due to the documentary approach and/or film taken during the shoot and varying lighting situations, there can be no guarantee of results free from noise, grain, etc.

9. Copyright

The Photographer will own the copyright to all photos created from the shoot. All photographs delivered to Client are licensed to the Client for Client’s personal use only. The Client waives any claims for ownership, income, editorial control, and commercial use of the photos. Under no circumstances will RAW files be released to the Client. It is ILLEGAL to copy, reproduce, or alter any of the photographs or images in any form in any manner without the written consent of Photographer. Violators of this Federal Law (enter copyright law here) will be subject to its civil and criminal penalties.

10. Model Release

Photographer owns all rights to any and all photographs taken during shoot and reserves the right to use any and all images created during the shoot for any and all forms of media for commercial purposes, advertising, trade, professional use, website, or any and all other areas. By signing this Contract, the Client warrants that the Client has actual authority to and does agree to Photographer’s use of images and likeness of all persons included in any photo taken during shoot, including minors. The Client agrees to and shall indemnify and defend Photographer in the event of litigations arising out of any such use.

It is agreed that the Photographer may display and use photographs from session/event for web site and internet promotion, and any other non-commercial purposes thought proper by the Photographer unless payment of exclusivity fee is received.

11. Governing Law and Venue

As used in this Contract, “Photographer” refers to and encompasses Megan Carswell Gladden Photography, its photographers and any employee and entity that does any work performed under this Contract.

This Contract incorporates the entire understanding and agreement between Photographer and Client and is governed by the laws of the State of Georgia. Any modifications to this Contract must be in writing, dated, and signed by Photographer and Client.

12. Arbitration

The parties agree that any dispute or controversy, arising out of or in connection with this Agreement or any alleged breach thereof, shall be resolved by final and binding arbitration in the Atlanta, Georgia metropolitan area by a professional arbitrator mutually agreed upon by the Photographer and the Client. Any award of the arbitrator is final and binding, and may be entered as a judgment in any court of competent jurisdiction. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fees for having to compel arbitration or defend or enforce the award. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $1,000.00.

13. Amendment and Waiver

This contract and each of its provision may be amended, modified, supplemented, or waived only by a written document specifically identifying this Contract and executed by each party to this Contract.

Additional conditions:

1. LIMIT OF LIABILITY: Although care will be taken with all film rolls, the Photographer limits any liability for loss, damage, or failure to deliver photographs for any reason of photographer's non-performance caused by any force or similar circumstances, illness, accident, weather, lost mail or any cause beyond their control. In any event, the limit of Photographer's liability shall not exceed the contract price stated herein.

2. EXCLUSIVE PHOTOGRAPHER: It is understood that no other photographer, amateur or professional, shall be allowed to photograph at the session near the Photographer while she is working due to reasons of the photographer delivering the quality of images as expected. Any breach of this agreement (including iPhone photography) can constitute a reason for non-completion of the job with no liability to the Photographer. I, the Client, have read and understand this Contract, including the terms and conditions, and agree to be bound by all terms and conditions of this Contract.

3. OWNERSHIP OF FILES: It is agreed that dual ownership of the purchased digital files will be maintained by the Client and the Photographer. Upon delivery of the digital files to Client's physical control, the client shall gain personal non-commercial rights to the purchased images. It is also agreed that the Photographer will have full rights to use all images for advertising purposes. The Photographer does NOT guarantee archival of the digital files past a period of six months after the session/event date and will not be held responsible if loss occurs as per section 1.

4. EMPLOYMENT: This contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.

Clicking "I Agree" at the bottom of this form indicates your agreement with the above contract.

I, the client, understand that the deposit fee is non-refundable and reserves the time and date of the session and does not include any digital images.

I understand that the remaining balance agreed upon when your session was booked will be collected a week before the time of the session or as agreed upon in a payment plan.

I understand that the online gallery will be available for three months from date of opening and that extensions of the gallery will incur a convenience fee of $30 per extension

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