FULL 40-MINUTE SESSION AGREEMENT

PORTRAIT SESSION: Client is guaranteed up to 40 minutes of shooting time.  Products included within the non-refundable payment are as follows: 20 high-resolution digital files delivered via digital download within fourteen (14) days from conclusion of the session.

PAYMENT: The Photographer's total fee for this session is $300 (“Three-Hundred Dollars”), which includes a non-refundable payment of $100 (“One Hundred Dollars”) that must be paid within twenty-four (24) hours of signing to execute the Agreement. The requested session time 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.   If the Client fails to show or cancels the session, the non-refundable payment will be forfeited.

ONLINE GALLERY: The Photographer will make gallery proofs available through an online gallery proofing website. These proofs will be available to the Client within fourteen (14) of the photographic event. Upon delivery, the online proofing gallery will remain open for fourteen (14) days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $20 ("Twenty Dollar") un-archival fee will apply. 

CANCELLATION/POSTPONEMENT: If the Client requests to amend or cancel this Contract four or more calendar days before the agreed upon photographic event date, the initial nonrefundable payment will be applied to a mutually agreed upon reschedule date. If the Client fails to show or cancels 24 hours or less calendar days before the agreed upon photographic event date, the initial non-refundable payment will be forfeited.

RESCHEDULING/LATE ARRIVALS: If Client requests to reschedule a photographic session, Photographer may apply the initial payment to a rescheduled session if notice is given at least four days prior to the scheduled session, subject to the provisions of cancellation/postponement paragraph (above). The rescheduled session must take place within one calendar month. Any Client that arrives late to the session will have the amount of time late deducted from the time allotted for the session. Photographer will not provide a partial refund or other compensation for the time deducted from the session due to late arrival of the Client. 

WEATHER: In the event that the weather conditions are not desirable for the shoot based on Photographer recommendations, the session will need to be rescheduled and the fee will be waived or an alternative location agreed upon. Due to liability and equipment damages, this decision will be at Photographer’s discretion.

FAILURE TO PERFORM: If the Photographer is unable to perform this Agreement due to illness, emergency, fire, casualty, act of God, or causes beyond the control of the Photographer, the Photographer and the Client will make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer will return the initial nonrefundable payment to the Client and will have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability will be limited to cost of the Agreement. In no event will Photographer be liable for any amount exceeding the cost of the Agreement.

INDEMNIFICATION AND LIABILITY: Client agrees 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

LOCATION AND TRAVEL: The photographic session will occur at a location mutually agreed upon by the Client and Photographer within one hour driving distance of Dacula, Georgia. If Client specifies a certain location to be used during the shoot, the client is responsible for all location fees involved such as location access fees, parking, and other expenditures directly required for fulfillment of this Agreement. Additional fees will apply to locations set outside of a one hour drive time from the zip code 30019.

STYLING: The Client shall retain full responsibility for styling choices, including but not limited to wardrobe, makeup and hairstyle. Photographer discussion and comments shall only be construed as professional recommendations for consideration and not be deemed final choice. All styling choices made by Client at the event are final and no reshoots shall be available due to styling choices.

COOPERATION: Photographer is not responsible for behavior of parties involved with the shoot, with the exception of Photographer’s personnel. If the desired outcome of your session is jeopardized by the behaviors of parties involved with the exception of Photographer’s personnel, Photographer cannot be held responsible. The Client will assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer's direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer will not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation.

PHOTOGRAPHY AND VIDEOGRAPHY: The Client will not engage in photography or videography during the course of the photographic session unless otherwise agreed to by the Photographer. Engaging in this behavior entitles the Photographer to end the session without refund or reschedule available to Client.

PHOTOGRAPHIC MATERIALS AND ARTISTIC RIGHTS: All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, will be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Agreement. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Agreement. The Client will only use the photographic prints, including digital files, in accordance with a Print Release, which will be incorporated with this agreement. 

The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client will receive a gallery of twenty or more photographs to select from and will not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. 

COPYRIGHT: All images are copyrighted to and remain the property of Michelle Leonard at Southern Tradition Photography.

CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions.  

LEGAL 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. 

If either party to this Agreement brings a legal action against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party will recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

The parties expressly consent to jurisdiction and venue of the federal and state courts of the State of Georgia and the County of Gwinnett, Georgia with respect to any suit, claim or dispute arising out of, or relating to, this Agreement. It is understood and agreed by the parties that the Court where litigation is first commenced will retain jurisdiction over any and all related claims or disputes arising out of and concerning this Agreement. Depending on which State/Commonwealth any action may be commenced, this Agreement will be deemed to have been made in such State/Commonwealth and will be governed by and construed in accordance with the laws of such State/Commonwealth.

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