1. Deposit and Payment. The Client shall make a deposit of half the agreed amount to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due upon delivery. No images will be given to the client until full payment has been paid to the photographer. Late payments are subject to a 2% per month late fee.

2. Cancellation. If the Client shall cancel this Agreement seven (7) or more calendar days before the session date, any deposit paid to the Photographer shall be refunded in full. However if the Client cancels the session within seven (7) days the deposit shall be retained by the Photographer. Re-scheduling within three (3) calendar months of original scheduled date does not constitute a cancellation.

3. Photographic Materials. All photographic materials, shall be the exclusive property of the Photographer. The Photographer shall make proofs and previews available to the Client for the purpose of selecting photographs, but such proofs and previews shall be on loan and, if they are not returned within fourteen (14) days of receipt by the Client, shall be charged to the Client at the same rate as finished prints of the same size. The Photographer may make the proofs available via a web site, CD-ROM, flash drive or other media deemed applicable.

4. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client in the form of a Property Release.

5. Client’s Usage. Client is licensed to use images for customary self-promotional activities such as inclusion on clients own website, client portfolio, advertisements in trade publications, local magazines, internal documents, and for typical press releases. Client may also submit images for industry-type awards Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.

6. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of nature, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, theft or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order. Re-scheduling with the Clients approval does not constitute a cancellation.

7. Indemnity. The Photographer shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of photographs or other use by the Client. The Client shall indemnify the Photographer against any claims and / or damages against them, including reasonable counsel fees arising from the Client’s use of the photographs and the Photographer’s use of the material on instruction from the Client.

8. Rejection. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition. The Photographer will charge 100% fees, charges and expenses for any re-shoot requested by the Client.

9. Miscellaneous. 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 or default of either the same provision or any other provision of this Agreement. No changes may be made to this agreement without prior authorization. All changes must be initialed and dated by both Photographer and Client.