Overview: This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived.

Change of date or venue: The Photographer must be notified immediately of any changes in schedule or location, at least 48 hours prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email.

Cancellation: The session will begin and end at the agreed upon time. Client agrees to arrive at the location on time. Sessions will not be extended due to client lateness. Any additional time granted will be up to the Photographers discretion. If more than 25 minutes of the scheduled time has passed without the arrival of the client, the photographer will assume the shoot has been canceled and the client will have to place an additional retainer fee for another session.

Retainer: A retainer fee of 50% of the total session cost is required.

This is a non-refundable retainer. In the event of client cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before or on the day of event. If final payment is not received, the Photographer will not be expected to complete or begin any orders. Additional custom orders such as prints, photo books, albums) must be paid in full at the time of order.

Failure to perform: The parties agree to cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.

Copyright: Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, thereof shall remain the property of Missallaneous Media, LLC and may not be used for commercial use for profit . The photographs produced by the Photographer are protected by Federal Copyright Law (all rights reserved). Editing or manipulating the images is not permitted. Client is allowed to release and distribute edited photos for personal use including social networking, personal websites/ blogs.

Garments: The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.

Creative License: Images are edited at the Photographer’s discretion and can be expected to be delivered within 7 business day time frame following client selection in the online gallery. The Client will have the option to choose their photos for final editing amongst the selected images delivered by the photographer . The Photographer reserves the creative rights to edit and release only those images deemed professional in quality and within the photographer’s artistic standards. Any additional or extensive editing beyond what has been delivered to the client as a final edit, will be available at an additional cost if requested by the client.

Force majeure: If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged or lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

Safety: The Photographer reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question. In the event of suspected Covid-19 exposure, photographer also has the right to end the session.