This agreement is between the Client, whose name and address is listed below, and Gabriela Hartman Photography.

 

1. Retainer and Payment. The Client shall make a non-refundable retainer fee of $50.00 to Gabriela Hartman Photography to perform the services specified herein. Upon payment, Gabriela Hartman Photography will reserve an appointment for the time and date agreed upon by both parties. This retainer fee will be applied to the final cost of the portrait session (for example, a $250 session will be paid as a $50 retainer fee + $200 session fee on the day of the scheduled appointment). The session fee is to be paid in full by the start of the scheduled appointment.

 

2. Cancellation. The Client understands and agrees that Gabriela Hartman Photography will not book any other sessions during the scheduled time. In the event that the Client cancels the portrait session, fails to attend the session on the session date, or fails to pay the session fee, for any reason, the Client shall forfeit the retainer fee as compensation for lost business from other appointments that could have been scheduled during the time frame of the canceled appointment.

 

3. Rescheduling/Late Arrivals. If the Client requests to reschedule 7 or more calendar days before the session date, the retainer shall be applied to a mutually agreed upon rescheduled date and/or time. If the Client wishes to reschedule within less than 7 calendar days of the scheduled appointment, the Client shall forfeit the retainer and a new retainer will be required for booking. Rescheduled appointments must be within 30 days of the originally scheduled appointment. Portrait session appointments are for the amount of time agreed upon and scheduled, so no additional session time will be allotted to compensate for time missed if any member of the Client's party arrives late.

 

4. Subjects/Artistic Rights. The Client shall maintain control of all subjects in the Client's party, including, but not limited to all family members, friends, and pets. It is the responsibility of the Client to ensure the cooperation of all subjects. The Client shall provide all necessary controls over subjects. Though Gabriela Hartman Photography will accept suggestions and requests from the Client, the Client shall provide Gabriela Hartman Photography the artistic freedom to determine the scenes and poses during the portrait session. Gabriela Hartman Photography and the Client agree that Gabriela Hartman Photography is under no obligation to capture any specific moment or pose or person(s) during the portrait session. Gabriela Hartman Photography retains the right of discretion in selecting the photographic materials released to the client.

 

5. Photographic Materials. All photographic materials, including but not limited to digital negatives, proofs, previews, and edited photos shall be the exclusive property of Gabriela Hartman Photography. Gabriela Hartman Photography shall make a downloadable gallery of edited photos from the portrait session available on Pixieset.com. The photo gallery shall remain available online for download by the Client for 15 days after becoming available.

 

6. Copyright and Reproductions. Gabriela Hartman Photography shall own the copyright of all images created and shall hold the rights to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, and for display on Gabriela Hartman Photography's website and/or studio. If Gabriela Hartman Photography desires to make other uses, it shall do so without the need to first obtain written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of Gabriela Hartman Photography.

 

7. Client’s Usage. The Client shall only use the digital photos in accordance with the permissions within this agreement. The Client’s photos are for personal use only and shall not be submitted to contests, reproduced for commercial use, and may not be altered in any way. Reproductions for the Client's personal use are authorized and may be fulfilled by Gabriela Hartman Photography, the Client, or a third-party. The Client may share unaltered photos on social media as long as full credit is attributed to Gabriela Hartman Photography.

 

8. Failure to Perform. If Gabriela Hartman Photography is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of Gabriela Hartman Photography, Gabriela Hartman Photography and the Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Gabriela Hartman Photography shall return the retainer to the client and shall have no further liability. Further, if Gabriela Hartman Photography is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of Gabriela Hartman Photography, liability shall be limited.

 

9. Photographer’s Standard Price List. The charges in this agreement are based on Gabriela Hartman Photography’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.

 

10. Travel and Overage Fees. The Client shall pay $1.50 per mile traveled outside of the 30-mile radius surrounding of Forest Grove, OR.

 

11. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to Gabriela Hartman Photography's office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

 

12. Indemnification. By agreeing to a photography session with Gabriela Hartman Photography, the Client, and all members of the Client's party, waive, release, and discharge Gabriela Hartman Photography from any and all liability, including, but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to the Client or the Client's party, including traveling to and from this event. Gabriela Hartman Photography is not responsible for any injuries inflicted upon any participating parties. The Client will be responsible for their party and release Gabriela Hartman Photography from any claims against their person or their business.  The Client swears that each person is participating voluntarily in the said photography session and forfeits all rights to bring a suit against Gabriela Hartman Photography for any reason. Gabriela Hartman Photography is not responsible for uncooperative parties.  It is understood that the behavior of children is unpredictable, however, Gabriela Hartman Photography is not liable if children do not cooperate during sessions.

 

13. Waivers. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract. This Agreement shall be governed by the laws of the State of Oregon.

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14. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall 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.