Model/Property Release 2023

Adults (18 years old and over)

In consideration of the engagement as a model of the minor named below, and for other good and valuable consideration that I acknowledge as having received, I hereby grant the following rights and permissions to Tonya Brisson / Brisson Imagery (“Photographer”), his/her legal representatives and assigns those for whom Photographer is acting, and those acting with his/her authority and permission. They have the absolute right and permission to take, use, reuse, publish, and republish photographic portraits or pictures of the minor or in which the minor may be included, in whole or in part, or composite or distorted in

character or form, without restriction as to changes or alterations from time to time, in conjunction with the minor’s own or a fictitious name, or reproductions of such photographs in color or otherwise, made through any medium at Photographer’s studios or elsewhere,

and in any and all media now or hereafter known, including the internet, for art, advertising, trade, or any other purpose whatsoever. I also consent to the use of any published matter in conjunction with such photographs. I specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or

alterations as to color, size, shape, perspective, context, foreground, or background. I waive any right that I or the minor may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such

photographs or the use to which it may be applied. I release, discharge, and agree to hold harmless and defend Photographer, his/her legal representatives or assigns, and all persons

acting under his/her permission or authority or those for whom he/she is acting, from any liability by virtue of any reason in connection with the making and use of such photographs, including blurring, distortion, alteration, optical illusion, or use in composite

form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or

privacy.

each Adult(s) Name(s) and Birth Date(s): 

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

____________________________________________________________________

Signature & Date 

_______________________________________________________________________

Signature & Date 

Children (18 years old and younger)

 I hereby warrant that I am a legally competent adult and a parent or legally appointed guardian of the minor and that I have every right to contract for the minor in the above regard. I state further that I have read the above authorization, release, and agreement, prior to its

execution, and that I am fully familiar with the contents of it. This release shall be binding upon the minor and me, and our respective

heirs, legal representatives, and assigns.

Each Child’s Name & Birth Date: 

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

______________________________________________________________________

​Guardian Signature & date 

______________________________________________________________________ 

Guardian Signature & date 

Property (Includes PETS, Personal Property)

For good and valuable consideration herein acknowledged as received, the undersigned, being the legal owner of, or having the right to permit the taking and use of photographs of, certain property designated as does irrevocably grant to Tonya Brisson/Brisson Imagery(Owner/Photographer), her heirs, legal representatives, agents, and assigns the full perpetual rights to take and use photographs created for in advertising, portfolio, trade, or for any purpose. The undersigned also consents to the use of any printed matter in conjunction therewith. The undersigned hereby waives any right that he/she/it may have to inspect or approve the finished product or products, or the advertising copy or other published matter that may be used in connection therewith, or the use to which it may be applied. The undersigned hereby releases, discharges, and agrees to save harmless and defend Photographer, her heirs, legal representatives, and assigns, and all persons acting under her permission or authority, or those for whom she is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, even though it may subject the undersigned, his/her/its heirs, representatives, successors, and assigns, to ridicule, scandal, reproach, scorn, and indignity. The undersigned hereby warrants that he/she is a legally competent adult and has every right to contract in his/her own name in the above regard. The undersigned states further that he/she has read the above authorization, release, and agreement, prior to its execution, and that he/she is fully familiar with the contents thereof. If the undersigned is signing as an agent or employee of a firm or corporation, the undersigned warrants that he/she is fully authorized to do so. This release shall be binding upon the undersigned and his/her/its heirs, legal representatives, successors, and assigns.

Pet(s) names, and identifying information: ________________________________________________________________________________________________________________________________________________________________________________________________________________________

Property Address and/or identifying information: 

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

_______________________________________________________________________________________

Signature & Date 

______________________________________________________________________________________

Signature & Date 

Explanation of Policies & Setting Expectations for Portraits

Explanation of Policies & Setting Expectations

I. Financial policies:

Session fees and product fees:

1) To schedule an appointment, a session fee of $99 is required for each hour of service. ($175 for Santa Sessions).  

2) Package options are:

  • Mini Session Package: $100. Includes 5 High-resolution digital files of your choice and a $20 online store credit. 
  • Small Package: $200. Includes 10 High-Resolution digital files of your choice with a print release and a $50 online store Credit.
  • Medium Package: $350. Includes 20 High-Resolution digital files of your choice with a print release and a $100 online store Credit.
  • Large package: $500. Includes ALL of the High-Resolution digital files with a print release and a $200 online store Credit.

***PLEASE NOTE:  Package selection and payment on your package are typically done at the presentation of your slide show. The program will ask you to select and pay for a package before you will have download access to your imagery.

Method of payment:

1) I accept debit cards and all major credit cards through STRIPE. A link is available on your invoice.

2) I accept payments through PayPal. A link will be on your invoice.

3) I accept payments through Venmo. 

4) My accounting program automatically sends invoices, reminders, and late notices. Venmo (and other methods of payments) may take longer to post to your account as they are not automatically recognized by our accounting program.

Payment plans & Layaway program:

1) Payment plans on session fees or event fees are available upon request, however, all balances must be paid in full before services are rendered.

2) Layaway plans for the physical or digital product are available. 50% of the balance is to be paid upfront. You will then be billed monthly payments for up to 3 months on the remainder of the balance. All products will be delivered once the balance is paid for in full.

II. Session expectations:

To fulfill your package selection, I require a minimum amount of working time during our session. Arriving late, Rushing the session, or ending the session early will result in less imagery for you. Please come to picture day with a clear schedule. 

Newborn Sessions (birth – 8 weeks):

1) Babies under 6 months of age take longer to photograph due to feeding, gassiness, fussiness, and the complexity of posing them.

2) A parent or legal guardian must be in attendance and assist the photographer during the entire session (up to 4 hours).

3) The number of deliverable images is contingent upon the baby’s willingness to cooperate during your session. All Newborn sessions are baby-led, meaning: their needs supersede the wants or desires of the parent and/or photographer.

4) Please plan to devote 2 to 4 hours of studio time for a full session.

Toddler & Children Sessions:

1) A parent or legal guardian must be in attendance during the entire session.

2) The number of deliverable images is contingent upon the toddler/child’s willingness to cooperate.

3) Please plan to devote an entire hour to this session.

Teen / High School Senior Sessions:

1) Clients are encouraged to bring multiple outfits, special props, friends, and/or pets.

2) It is highly advised to hire a professional Hair & makeup artist. Please see my website for information about cosmetic requirements for flash photography.

3) Please plan to devote an entire hour to this session.

 Family / Group Sessions:

1) Family pets are always welcome for portrait sessions. Please make me aware of all pets that will be in attendance, in advance.

2) I welcome the opportunity to photograph individuals, couples, groups, and/or families from every culture, ethnicity, religion, age, gender, political affiliation, and romantic preference.  

3) Please plan to devote an entire hour to this session.

“Do-overs” and Gifted sessions:

1) Free “Do-Overs” will take place if one of the following requirements has been met:  a) an act of God disrupted the session (bad weather, a serious injury or condition requiring immediate medical care, unexpected closure of the photography location). b) Equipment malfunctioned or failed during the session. c) The SD card corrupted during or after the session and all imagery was lost. d) Studio computer failure resulting in lost imagery. 

2) Gifted sessions: a) Gift Cards are available for purchase on my website. Gift Cards must be used within one year of purchase. There are no refunds for unused gift cards. b) The gallery of images will be emailed to the person who attended the session and paid by gift card (not the person who bought the gift card). 

Custody issues regarding minors: 

Anyone may bring any child (or pet) to my business for portraiture (aunties, grandparents, nannies, etc.). The gallery of images will not be released until we have a signed model release from at least ONE legal guardian of the child(ren). Unless otherwise instructed by the legal guardian(s), the gallery of images will be released to the person paying for the session. Upon request, we can email the gallery of images to multiple recipients. 

III. Deliverables:

How the session Fee is used:

1) My time, skill, talent, and equipment to create the imagery (1-2 hours).

2) Use of my climate-controlled photography studio (included) and/or rental of the Commercial photography studio ($125 per hour).

3) Character actors: Santa Charges $75 an hour, and Little Blue Truck Charges $35 an hour. 

4) Use of my studio wardrobe & props (upon request, we purchase items specifically for individual sessions, for an additional fee).

5) Wardrobe & Design Consultation (30 minutes – 1 hour, I help you prepare so that you will look and feel your best). 

6) Mileage, parking fees, admission fees, and fuel costs for location sessions.

7) A sharable online gallery of images and access to my online print shop.

8) Print/Album design consultation (1-2 hours, I help you decide what size, what material, and where to hang it).

9) Editing and processing hours. Every one-hour session will result in a minimum of 2 hours of editing. 

10) COST OF DOING BUSINESS: State & Federal Taxes, Business Insurance, Business Programs for accounting, Image delivery, and Photo editing, etc. 

Deliverable Images:

1) I intentionally overshoot. Sometimes a single picture may be out of focus, the lighting may be off, someone may blink or move, or an artifact may impact an image. For this reason, I take multiple shots of every pose.

2) I only deliver images that meet my strict quality standards. You will not receive every image taken during your session. Undeliverable images are deleted during the editing and culling process.

3) I only deliver fully edited JPEG files. We do not sell or share RAW files and we do not sell or share unedited files. 

4) I edit my imagery to my artistic style/vision and professional expertise. Samples of my work can be seen on my website.

5) I sometimes intentionally blur the background of a portrait for artistic effect and to draw attention to our subject. This is called shallow depth of field or Bokeh. If you do not like the bokeh effect, please make us aware of this before your session, as this effect is done in-camera, and cannot be reversed in Photoshop.

6) Every session is allowed a total of 3 free re-edits to adjust exposure, color, and style (black & white, or other artistic themes) to your particular liking. Additional re-edits are $20 per image. Heavy Photoshop work/digital plastic surgery is charged at $30 per image.

The delivery timeline for portraits:

1) Mini sessions are typically delivered within 10 days of the session.

2) Full sessions are typically delivered within 14 days of the session.

3) Weddings/events are typically delivered within 6 weeks of the event.

Please note I do not share “sneak peeks” or “previews” of your imagery online or with you directly.  I will not send you unfinished proofs.  You will receive fully edited images, once all of your images are ready for review.

How to access your Images:

1) When it is time for your session to be revealed, you will receive an email notification. This first email is a link to your session slide show only. This will be a slide show set to music, showing you every deliverable image from your session.

2) You and your invited guests will have access to the session slide show for 24 hours. The slide show is shareable by email. The 24-hour timer starts when you open the slide show.

3) After the slide show expires, you will be asked to purchase your package option. once the package has been purchased, you will have access to your entire gallery, the slide show, and the online store, for 30 days. If you need access after 30 days, please call us for reactivation.  

4) Your elected package will populate inside the online gallery. You will be able to download the specific number of high-resolution files included in your package, with the option to purchase more. A coupon for the elected print credit amount will be waiting for you in the online print shop. You may use this credit for anything in the online print shop including the purchase of additional high-resolution digital files. You are not limited to the dollar amount of your online store credit. You may spend as much or as little as you like.  

5) There are no exchanges or refunds on unused online store credits or unused digital downloads. It is a use-it-or-lose-it system.  

Gallery of Images:

1) Your gallery is sharable to anyone in the world through a link provided to you by my company.

2) Friends and family will have access to our online shop, which is attached to your gallery (look for a shopping cart icon).

3) Orders made through our online shop will be sent directly to the person placing the order; worldwide. Shipping rates will apply.

IV. Health & safety policy

Communicable Disease:

1) COVID-19 / Coronavirus: The novel coronavirus, COVID-19, was declared a worldwide pandemic by the World Health Organization and the United States CDC starting in 2019. COVID-19 is reported to be extremely contagious. Children and Adults reportedly can be infected and show no symptoms and therefore, spread the disease. Brisson Imagery, LLC cannot prevent you or your child(ren) from becoming exposed to, contracting, or spreading COVID-19 while utilizing Brisson Imagery’s services or premises. Therefore, if you choose to utilize Brisson Imagery’s services and/or enter Brisson Imagery’s premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.  All photographers & assistants have been vaccinated with Moderna vaccines and boosters.  

2) Whooping cough/pertussis: All photographers and assistants are current and up to date on the pertussis vaccine.

3) Polio, Hepatitis, Measles, Mumps, Rubella, and Varicella: All photographers and assistants are current and up to date with all vaccines. (titers were run to verify immunity. Booster shots were received where necessary).

4) Masks, Social distancing, face shields, disinfectant, and sanitizer: Our studio, wardrobe, props, restrooms, furniture, and equipment are disinfected before and after every session.  During outbreak spikes, a mask will be required for those not being actively photographed. Our staff always wears a face mask when handling newborn babies, working with immunocompromised clients, or the elderly. Hand sanitizer is used throughout our sessions. We want our staff and our clients to feel safe while working with our company. 

Sick Policy:

1) If you or someone in your session has run a fever of 100* or higher within 48 hours of your appointment, we will need to reschedule your session. Your session fee will transfer to the new appointment. Subjects must be fever-free for 48 hours before attending their session. 

2) If you or someone in your session has had vomiting or diarrhea within 48 hours of your appointment, we will need to reschedule your session. Your session fee will transfer to the new appointment. Subjects must be symptom-free for 48 hours before attending their session. 

3) If our photographer has a fever, vomiting, or diarrhea within 48 hours of your scheduled session, we will reschedule your session to a future date. Your session fee will transfer to your new appointment. 

Safety Policies for the client(s) and photography staff

Each person in attendance assumes all responsibility for their own personal safety and the safety of those in their care. This includes all personal property before, during, and after the session.  

The Client is responsible for expressing personal preferences and any concerns they may have regarding any proposed posing techniques, any sitting/standing positions, or any background/prop used during the shoot. The use and implementation of all props and/or posing by the Client are 100% voluntary. The Client always maintains the right and ability to: refuse, change, correct, or discontinue any posing, positioning, background, or prop that they feel uncomfortable with.

When outdoors, it is the responsibility of every person in attendance to be prepared for the elements. Examples include but are not limited to drinking water, insect repellent, sunscreen, appropriate footwear, and weather-appropriate attire.

It is the responsibility of every person in attendance to always be aware of their surroundings. Examples include but are not limited to slip, trip, or fall hazards, fellow pedestrians, vehicles of transportation, and obstacles.

It is the responsibility of every person in attendance to always be cognizant of potential dangers in the environment. Examples include but are not limited to snakes, venomous insects, alligators, sharks, coyotes, thieves, abductors, poisonous foliage, and so on.

 V. Legalities & Ownership of imagery:

Copyright License:

1) I DO NOT sell or give our copyright license away. Every image captured with my equipment legally remains the property of Brisson Imagery, LLC, indefinitely, regardless of payment or subject matter.

2) Payment for services and/or the purchase of prints, or digital files IS NOT the transfer of copyright license ownership.

3) No one may alter my images in any way. This includes cropping, resizing, or adding filters (Instagram or otherwise).

4) Shutterfly, Walgreens, CVS, Walmart, and other big-box/online retailers will automatically crop and apply filters (called enhancements) to images before printing. You must click on each image to manually turn off this feature. Failure to do so will result in your images not printing the way they are seen in your gallery.

Print Releases license:

1) Web-sized digital downloads DO NOT come with a print release license. They are for digital use ONLY (Social media, Screen savers, digital picture frames, etc.), and will not print correctly. 

2) All High-resolution files include a print release (to be used at any print shop) and are sized for prints up to 11×14. Larger prints require upsizing which can only be done by the photographer. 

Watermarks:

1) All web-sized JPEGS will bear my watermark.

2) You will see the watermark on the images in your gallery, *Please note that high-resolution JPEGS and/or Prints DO NOT have a watermark.

Model / Property release:

1) All Clients are asked to sign a model / Property release.

2) This release allows my company to use your image and likeness in my portfolio, advertising, and in photography competitions. I never publish names, ages, addresses, contact info, or other personal information.

3) I do not sell portraits to stock photography sites or third parties.

4) Pets are considered property and require a property release.

5) Use of private property as a backdrop requires a property release (hotels, plantations, cars, planes, etc.)

6) Legal guardians must sign a model release for each child under 18 years of age.

7) A model/property release will be attached to your invoice and must be signed by each person being photographed.

Accounts & Email Subscription:

1)   By supplying your email, you are automatically entered into my email list. I typically only email my clients once a month with news or specials. You may opt out of the email newsletter at any time by clicking the opt-out button.

Professional responsibility of the studio/photographer:

1) Should I not be available for any reason, I will notify you (the Client) of the change as soon as it is known and refer you to another photographer with equivalent skills. Session fees will be immediately returned to you (the client).

2) I shall carry out this assignment with due and professional diligence. Elements beyond my control include faulty material, equipment failure, corrupt memory cards, loss of digital files in transit between the studio and professional laboratories employed by the studio, and loss or damage to digital files and proofs during processing and development either by myself or the professional laboratories employed by me, industrial disputes, civil disturbances, or weather conditions which may inhibit or prevent me completing in whole or in part this assignment. Electronics and technology are not fail-proof. 

3) As the photographs taken by my studio and my assigned labs are manufactured with the finest materials currently available, I unconditionally guarantee them. If in your opinion any photograph taken by my studio or my assigned print lab has lost its original color, I will replace the photograph for 50% of the current selling price. The original photograph must be returned, and the reprinting charge paid in advance. This warranty will be valid for 5 years.

4)  I cannot guarantee images printed outside of my preferred print labs. My computers are routinely calibrated to match those of my print labs. I know that what we see on my screens is exactly what I can expect to see in a physical product produced through my contracted vendors. There will be no refunds, exchanges, credits, or replacements of high-definition JPEGS purchased through my company or prints/merchandise bought from outside vendors. 

 

By signing this form, you are acknowledging your receipt and review of my policies and expectations.  

Printed Full Name: _______________________________________ Signature:__________________________________________Date:___________

Explanation of Policies & Setting Expectations for Weddings 

Explanation of Policies & Setting Expectations for Weddings 

Pricing and options for 2023

  • Hourly rate for elopements or small events: $300 per hour. INCLUDES: 1 photographer and 1 assistant, an online shareable gallery, with 3 package options to select from(with an additional cost).  All package options include digital downloads and print credits.
  • Package A (Small Wedding Package) $1500.  INCLUDES up to 4 hours of coverage, one 20-page album designed by the photographer, a sharable online gallery with downloads, one photographer, and one assistant.
  • Package B (Medium Wedding Package) $3000. Includes up to 8 hours of event coverage, one 20-page album designed by the photographer, a shareable online gallery with digital downloads, 2 photographers, and one assistant.
  • Package C (Large Wedding Package) Includes a Bridal Portrait session. 2-hour rehearsal coverage. up to 8 hours of event coverage. 1 (20-page) wedding album for the couple, 2 (20-page) parent albums. designed by the photographer. Sharable online gallery with all High-Resolution digital files with print releases. TWO Photographers with one assistant.  
  • Travel & Per diem for long-distance events:  Milage, airfare, and per diem rates are applied to any event located outside of Charleston County, South Carolina.  We follow the rates used on the following website: gsa.gov 
  • For more options please visit my online gift shop: click here

Payment information:

  • To secure your date, a non-refundable 50% retainer is due at the time of booking. The remainder of your balance is due 5 days before your event date.  
  • All travel expenses must be paid at the time of booking and are non-refundable.

Event Agreement

 1. Photographer’s Responsibilities. Brisson Imagery (“Photographer”) hereby agrees to perform photographic services for the Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry (“Services”).    Photographers may employ one or more assistants. The photographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. The photographer will make every effort to obtain,    but cannot guarantee delivery of, any specific images requested by the client because of the Photographer’s lack of control over the event, its participants, weather, and any rules or restrictions of the venue or official conducting the    Event.

    If the Photographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, the Photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the    Event. In such an event, the Photographer shall not be obligated to refund any of the fees paid by the Client because of such action.

2. Exclusive Photographer

The Photographer and/or any photographers hired by Brisson Imagery shall be the exclusive photographer(s) retained by the Client for the purpose of the Shoot. Family and friends of the clients and other event vendors shall not interfere with the Photographer’s duties. The Clients will ask their guests to refrain from taking flash photographs during the event to ensure that the Photographer is able to get proper exposure to the images you are paying her to capture.

3. Retainer/Payment. A non-refundable Retainer (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due upon execution of this agreement, at which time Photographer commits to being available to Client on that date    (subject to non-payment, reasonable emergencies and force majeure events, see Section 11). Remaining payments of the balance due for the Services shall be made as set out in the Payment Schedule. In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), to attend the event, or to supply images.

4. Copyright. All photographs taken by the Photographer at the event, in whatever form, are copyright protected. The photographer retains copyright of all images taken at the Event. This clause shall survive the Term. The Studio has permission to use any image of the event for industry competitions, publications (print or digital), and reasonable general promotional advertising for the Studio.  As the Studio owns the Copyright, I/we agree not to copy, cause to be copied, or allow anyone else to copy, photocopy, laser copy, or computer scan these images. To do so is in breach of this agreement. 

5. Term. The term of this Agreement shall commence upon the execution of this Agreement and shall terminate upon the Photographer’s delivery of the final imagery unless terminated earlier as provided herein.

6. Event Changes. The photographer must be notified immediately of any changes in schedule or location, at least 7 days in advance of the scheduled event date. If the Client notifies the Photographer by phone, a written (i.e. email)confirmation must be sent within 2 days of such notification. If the date of the event changes and notice is not given within the period specified above, then the Photographer shall be entitled to the retainer amount as liquidated damages for having to reschedule the event.    The retainer amount will need to be repaid upon booking the new date, subject to the Photographer’s availability.

7. Cancellation.    Upon acceptance of these terms and payment of the retainer, the Photographer shall commit to attending the event on the specified date and shall make no other reservations for that date. If the Client cancels the Event entirely,    then the Photographer shall not be required to repay any of the payments made by the Client.

8. Delivery Date. Pictures shall be delivered no later than 90 days from the date of final Client approval. Pictures are edited at the Photographer’s discretion and delivered photos may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards. 

9. Price Protection.    Photographer warrants all prices quoted for Event images are valid for a period of 3 months following the Event.    Orders placed after such period are subject to the Photographer’s published pricing at the time of the order’s placement.

10. Model Release.     Client hereby agrees that Photographer may reproduce, publish, exhibit, and otherwise use images from the Event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images.

    11. Force Majeure.    If the Photographer is unable to attend the Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Photographer’s sickness,    or other acts of God beyond the parties’ control, then the Photographer shall return all money paid by Client (including any retainer), and this    Agreement shall immediately terminate.

    12. Jurisdiction.     The state and federal courts serving Charleston, South Carolina (USA) shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties hereto consent to the jurisdiction of such courts.

    13. Solicitor’s Fees.     The prevailing party in any litigation or dispute involving this Agreement, or the Services performed thereunder, shall be entitled to recover reasonable solicitors fees, costs, and expenses arising from such litigation or dispute from the non-prevailing party.

    14. Assignment. This Agreement may not be assigned.

    15. Indemnification. The client hereby acknowledges that the Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold the Photographer harmless for the impact such restrictions may have on the final product.

    16. LIMITATION OF LIABILITY. PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY THE CLIENT FOR THE SERVICES. IN NO EVENT SHALL THE PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF THE CLIENT INFORMS THE PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.

17. The safety of the clients and their guests

The Client assumes all responsibility for their personal safety and the safety of those in their care. It is the personal responsibility of each client to monitor and oversee the safety and security of themselves, all minor children in their care, all pets in their care, and all their personal property before, during, and after the event(s). The Client will be responsible for any and all damages created either by themselves or by their children/pets to venue property, the photographer’s property, or the property of a third party.

The Client is responsible for expressing personal preferences and any concerns they may have regarding any proposed posing techniques, any sitting/standing positions, or any background/prop used during the shoot. The use and implementation of all props and/or posing by the Client are 100% voluntary. The Client always maintains the right and ability to: refuse, change, correct, or discontinue any posing, positioning, background, or prop that they feel uncomfortable with. 

When outdoors, it is the Client responsibility to be prepared for the elements. Examples include but are not limited to having drinking water, insect repellent, sunscreen, appropriate footwear, and weather-appropriate attire. It is the Client’s responsibility to always be aware of their surroundings. Examples include but are not limited to slip, trip, or fall hazards, fellow pedestrians, vehicles of transportation, and obstacles. It is the Client responsibility to always be cognizant of potential dangers in the environment. Examples include but are not limited to snakes, venomous insects, alligators, sharks, coyotes, thieves, abductors, poisonous foliage, and so on.

    18. Event Meals. The client shall arrange with the caterer for meals to be provided to the Photographer and 1 assistant (if applicable).

    19. Choice of Law. This Agreement shall be governed by the laws of the State of South Carolina, notwithstanding its conflicts of laws provisions.

20. Waiver/Miscellaneous. This    Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein,    notwithstanding any oral or written representations to the contrary made before, during, or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.

21. Protection of Deliverables/Retention of Files. The photographer shall take all reasonable steps to protect the images that are recorded at the Event until such time as the gallery is delivered to the Client. Once the gallery has been delivered, the Photographer shall have no further obligation to preserve the images of the event, regardless of the form of media in which they are stored.

    22. Promotion. I/we hereby give permission for the Photographer to use my/our name/s and photographic likeness in all forms and media for advertising,    trade, promotional, and any other lawful purposes such as promotion and marketing.

 

Legal Full Name at time of contract: __________________________________________________________________________________________________________________

Signature and Date: ___________________________________________________________________________________________