Consent to Photograph Agreement.
By booking this session you agree to:
- For valuable consideration, the adequacy of which is acknowledged, for your photographing me, and knowing that you have and will expend substantial expenses and time in reliance upon this Release and Consent, I irrevocably and absolutely consent to the unrestricted use by Pooja Photography (ClickMyPix LLC) and his heirs, successors, assigns, and designees , and those acting with Photographer’s permission and authority, of my name and any and all photographic or other images of me that Photographer creates or makes, for all purposes, in any form, in conjunction with my own or a fictitious name, and in any and all media, including, without limitation, advertising, art, promotion, solicitation, or trade.
- I waive any right to inspect or approve the finished Images, advertising copy, text, or other printed matter that may be used in conjunction therewith, or to the eventual use that the Images may be applied.
- I release and discharge Photographer and those acting under Photographer’s authority from any and all liabilities, claims and demands arising out of or relating to any blurring, distortion, use in composite form, or alteration whether intentional or otherwise, that may occur or be produced in connection with the Images, or in connection with any processing, alteration, transmission, display, publication or other use of the Images.
- I hereby forever release and discharge Photographer, his heirs, legal representatives, agents, assigns and the party for whom the photographs were made, from any and all claims, actions and demands arising out of or in connection with the use of said Images, including without limitation, any and all claims for invasion of privacy and libel.
- This Agreement constitutes the sole, complete and exclusive agreement between Photographer and me regarding the Images and I am not relying on any other representation whether oral or written.
- I hereby affirm that I am over the age of majority and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.
- I hereby affirm that I will not apply any filters or edit the created work.
- I hereby affirm that no raw files will be provided unless discussed and approved when the session is booked and pre-negotiated commercial rates will apply in that case.
- I hereby affirm that if the session is canceled by the client there is no refund.
- I hereby affirm that session fee is not refundable.
- I hereby affirm that if there is less than 48 hour notice, I will forego my deposit.
- I hereby affirm that there is only one re-scheduling can be done.
- I hereby affirm that there will only be ONE ordering appointment. Any additional ordering appointments will be an additional cost of $150.
- I hereby affirm that any delays or late arrivals of more than 20 minutes will be an additional cost of $75/hour.
- Payment is DUE on ordering session day. There are NO EXCEPTIONS.
- I hereby affirm that screenshots of gallery are not permitted. Screenshot images will be considered as purchased in your gallery.
- All orders placed are final sales. Due to the nature of service and product there are NO exchanges or refunds.
Cancellation Policy
The session fee is non-refundable in the event that you must cancel your portrait session.
Rescheduling Policy
We do allow a one time rescheduling of your portrait session. You must let us know at least 3 weeks before your session if you do need to reschedule, so we can make your date available to others.
If the minimum of three weeks notice to reschedule your session has not been provided, a reschedule fee of $200 will be required to reschedule your photo session. The portrait consultation is mandatory for every portrait session. You can reschedule your portrait consultation once with 1 day notice. Please be on time. If you are late to your portrait session by more than 10 minutes, we may need to reschedule your session and your session fee will be forfeited.
TERMS AND CONDITIONS
• It is understood this Studio/Photographer is the exclusive official photographer retained to perform the photographic services requested on this Contract.
• Upon signature, the Studio/Photographer shall reserve the time and date agreed upon.
Unless the Studio is able to fully replace the cancelled reservation, all sitting fees and retainers are non- refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
• If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the studio/photographer, photographer may elect to use an alternate location or to reschedule the portrait.
• No part of any order, including previews, will be delivered until the balance is paid in full.
• The Studio/Photographer reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Studio/Photographer in the event of litigation arising out of such use. Negatives, digital
files and previews remain the exclusive property of this Studio/Photographer.
• Studio/Photographer may substitute another photographer to take the photographs in the event of Studio/Photographer’s illness or of scheduling conflicts. In the event of such substitution, Studio/Photographer warrants that the photographer taking the photographs shall be a competent professional.
• If the Studio/Photographer cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Studio/Photographer fails to perform for any other reason, the Studio/Photographer shall not be liable for any amount in excess of all monies paid.
• Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
• The charges in this Contract are based on the Studio’s/Photographer’s Standard Price List.
This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
• NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Studio’s/Photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
This Contract incorporates the entire understanding of the parties and is governed by the laws of California (City/County, State). Any modifications of this Contract must be in writing and signed by both parties.