Brooke Magee Photography – Mini Session Agreement

Definitions

The terms “Photographer”, “photography team”, “us”, “we”, and “our” refer to Brooke Magee Photography and all agents, employees, affiliated independent contractors, or other representatives.

The term “including” means “including, but not limited to.”

The terms “session”, “event”, and “photography event” refers to a hired photographic event for the purposes of family photos.

The terms “agreement” and “contract” refer to this duly executed contractual obligation between parties.

Services

Photographer will provide Client with the following services and/or products (“Services”):

20 minutes of photography coverage on the date and time selected in this form, a high-resolution gallery of 20 images, and a print release.

Booking & Payment

The Photographer’s total fee for this event coverage is $215 + tax, which includes a non-refundable payment of $215 + tax (“initial nonrefundable payment” to retain your session time). The listed date will not be reserved until this Agreement is fully executed. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The client agrees that this non-refundable payment is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time.

Once payments are made, they are non-refundable. If complete payment of the
balance owed is not received at least thirty (30) days prior to the event date, Photographer will be relieved of all remaining contractual obligations, client will be responsible for the full amount of this Agreement.

Acceptable payment methods include cash, check or credit card. Returned checks are subject to a $50 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by Photographer in the event enforcement of this Agreement becomes necessary.

Cancellation & Failure to Perform

If for any reason the client cancels this agreement prior to or on the session date, the Photographer will keep the initial nonrefundable payment and any monies paid on the date of cancellation. All cancellations must be made in writing and signed by all contracted parties. If the Client fails to supply written cancellation at least (30) days prior to the event date, the Client will be required to remit the remaining balance of the Agreement.

If the client submits a written request reschedule services at least 60 days prior to the event date, the initial nonrefundable payment may be applied to the new date within the next calendar year as long as the photographer is available on new date. All reschedules are subject to Photographer’s discretion.

If the Photographer is unable to perform this Agreement due to impossibility, illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer will make every attempt to provide a Substitute Photographer per the provisions in this Agreement.

The Substitute Photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Agreement. The Photographer warrants the Substitute Photographer to be of comparable quality and professionalism.

In the event the Photographer cannot provide a Substitute Photographer arising from situations occurring at least 30 days prior to the event, Photographer (or a responsible party) will:

Immediately give written Notice to Client via the Notice provisions detailed in this Agreement;

Issue a refund or credit based on a reasonably accurate percentage of Services rendered, not exceeding what has been paid for the photographer’s services;

Excuse Client of any further performance and/or payment obligations in this Agreement

If cancellation occurs, services rendered before cancellation will be invoiced based on the photographer’s standard price list.

Intellectual Property & Creative License

The Photographer will retain copyright ownership of all photographic works under this Agreement, including but not limited to all images in their original and processed formats.

Photographer will utilize artistic license in relation to the poses photographed and the locations used. All images are edited at her discretion and delivered images will not include all images shot. Photographer reserves the creative right to edit and release only those deemed professional in quality and within her artistic and creative standards.

Photographer will use reasonable efforts to ensure Client’s desired Services are produced in a style and manner consistent with Photographer’s current portfolio and Photographer will try to incorporate any reasonable suggestions made by Client. However, Client understands and agree that:

Every client and location is different, with different tastes and needs.

Photography services are often a subjective art and Photographer has a unique vision, with an ever-evolving style and technique.

Photographer will use her artistic judgment when providing Services for Client, which may not include strict adherence to Client’ suggestions.

Although Photographer will use reasonable efforts to incorporate Client’ suggestions and desires when providing Client with the Services, Photographer will have final say regarding the aesthetic judgment and artistic quality of the Services. It is acknowledged that any lists submitted by the Client for specific photos will be used for organizational purposes only and in no way represent the photography that Photographer will be obligated to produce.

Please note: the photos shared on Instagram stories and in minis marketing are inspiration. Locations and backgrounds may vary slightly based on light. For in-studio sessions, the mood boards are an idea of what the final setup will look like, but never guaranteed.

The Photographer is bound to guidelines and policies of venue officials or management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for modification of guidelines and/or policies is the Client’ responsibility. Any additional permits or fees required by the venue or local jurisdiction will be the responsibility of the Client.

Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the Client, guests, or other principles, nor is she responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage.

Dissatisfaction with Photographer’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Client gives Photographer permission for third-parties to purchase additional prints and/or digital files in accordance with the Photographer’s Standard Price List.

Copyright Law

The copyright of photographs remains with the Photographer. The Photographer grants the Clients permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Clients and their friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographer.

Model Release

The Clients grant the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.

Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Photographer.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Photographer will refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided. Client agrees to indemnify and hold harmless Photographer for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. Photographer will take reasonable steps to prevent data loss but is not liable for loss of data due to technical failure.

Indemnification

Client agree to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client. Claims against Photographer for the delivered artistic works must be brought to Photographer’s attention within one (1) week from date of. After one (1) week, the Client waives any right to submit a claim to Photographer for reimbursement of any fees previously paid or for her waiver or forgiveness of any fees that may still be outstanding.

Construction & Severability

Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in interpreting this Contract. The language in this Contract will be interpreted as to its fair meaning and not strictly for or against any party.

If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

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 will not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.

This Agreement will be construed under Arizona law, without regard to its choice of law provisions. The state and federal courts for Maricopa County, Arizona will have exclusive jurisdiction over any dispute arising under or relating to this Agreement. The parties agree to proceed with a bench trial, and each hereby waive any right to a jury. In any such suit, the prevailing party will recover all costs incurred and a reasonable attorney’s fee.