Portrait Agreement
PLEASE READ ALL THE WAY TO THE BOTTOM OF THE AGREEMENT. ONCE YOU CLICK ON THE ACCEPT BUTTON, YOU WILL BE TAKEN TO THE RESERVATION PAGE FOR THE 2020 HOLIDAY MINI-SESSIONS & SANTA COMPOSITES.
*Deposit: Due at the time of booking. Deposit will cover time, talent, and digital processing as well as secure your session date, time, and current pricing.
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*Phones: Silence all phones when in the studio. No actual cameras are allowed in shooting area. A few behind the scenes images can be taken via cellphone, but cannot interfere with the process.
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*Subjects: The Client, shall maintain control of all members of their party. It is the responsibility of the Client to provide all necessary controls over party members. If any property of Crash Photography is damaged by anyone in your party, you will be required to cover repair/replacement expenses.
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​*Illness: If anyone in your party has had a fever within 72 hours of scheduled session, please DO NOT COME. Contact us about the potential for rescheduling. It is important that the studio stays as germ free as possible for the future sessions after yours. If anyone has symptoms of the flu, stomach bug, common cold, DO NOT COME. If you arrive noticeably sick, Crash Photography will be within its discretion to cancel your session.
*Tardiness: Failure to arrive within 15 minutes of your scheduled session time, will result in your session being cancelled and the deposit fee being forfeited.
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*Cancellation: The Client may request to amend the session date up to 72 hours before the session date and the deposit will be refunded. Due to COVID, if someone in your party becomes ill within that 72 hour time period, please request to amend your session date and your deposit will be refunded.
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*Photographic Materials: The Photographer shall make an online gallery (through SmugMug) available within 10 days from the time of the session. The Client will be able to download all of the professional edited images for digital use. The Client will also be given options for purchasing printed proofs if so desired.
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​*Artistic Rights: The photographer retains the rights of discretion in selecting the photographic materials released to the Client. Not all images taken will be given to Client. Photographer will choose the highest quality images from the session, which most accurately represent the artistic style of Crash Photography. At no time will unedited images be released for viewing/sharing. Client will only receive edited, finished images. It is at the discretion of Crash Photography, on which images will be chosen and provided to you as the finished product of the session. Also, the Client agrees to the final product as it is presented.
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​*Limits of Liability: Crash Photography takes the utmost care with respect to exposure and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed beyond the photographer's control, Crash Photography is limited to the return of all payments received for the event package. The limit of liability for a partial loss of images shall be a prorated amount, based on the percentage of total number of originals.
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​*Photographer Illness: If the photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, global pandemic, act of god or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the deposit to the Client and shall have no further liability.
​*Indemnification: In the unlikely event of any injury during a session, Crash Photography (all employees) shall not be held responsible for any and all injury to Client during the course of the photography session.
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*Copyright Information: All images are property of Crash Photography (even digitals) and are protected by federal copyright laws. Under no circumstances can a Client use for profit or commercial endeavors, enter images into competition, or show in a professional display. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client's images are for personal use only.
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*Model Release: Any images produced during the session are the property of Crash Photography, who reserves the right to use any of those images for websites, galleries, blog entries, marketing, or any other advertising purposes. In the event that the subject being photographed is a minor, your signature confirms that you are the parent/legal guardian to the child and you give consent for said child to be photographed. By signing, you understand and agree to all the terms listed in this contract.
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*Arbitration: Any controversy or claim arising out of or relating to this contract or the breach thereof, shall be settled by arbitration- administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer's office and the arbitration award may be entered for judgement in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less $200.00. In no event shall an award in an arbitration initiated under this clause, exceed the contracted price of the controversy in dispute. The waiver of any breach of this contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this contract, collect damages for breach of this contract, or otherwise enforce or interpret this contract, the prevailing party shall recover reasonable attorney's fees and all costs, premiums, for bonds, fees, and other expenses expended or incurred in this action in addition to any other relief that may be awarded.
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*Miscellany: This agreement incorporates the entire understanding of the parties. Any modifications of this agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder, shall not be deemed a waiver of a subsequent breach of default of either the same provision or any other provisions of this agreement. This agreement shall be governed by the laws of the state of Colorado.
*COVID WAIVER: I acknowledge and agree that I am aware of the inherent dangers of attending the photo session with Crash Photography, including those related to COVID 19 and that I should not participate in any Crash Photography session if I have any doubt or if I am uncertain as to my current medical condition or susceptibility to COVID 19 or other inherent risks related to event attendance. By signing up and attending the event I agreed to indemnify Crash Photography against any claims brought against it based on my attendance and agree to hold harmless Crash Photography against any claims. I hereby certify that I am at least 18 years of age. I have carefully read with a full, definite and clear understanding the foregoing provisions and freely acknowledge and agree to the conditions of the Crash Photography session Attendance and of this Waiver and Indemnification.