This agreement expresses the full and complete agreement between the named parties and Katie Warner, of Momentum Dance and Creative Studios, regarding the subject matter hereof. It supersedes all prior agreements. The only way to add or change this agreement is to do so in writing, signed by all parties. All disputes arising under this agreement shall be resolved through mediation. If mediation is unsuccessful, the dispute will be submitted to binding arbitration.
Contract for Services
1. Reservation and Payment
The Client shall make a non-refundable retainer to the Photographer to perform the services specified herein (applicable to sessions $350 or more). Upon payment, Photographer will reserve the time and date agreed upon by both parties. Sessions may be re-scheduled once, after that a $25 reschedule fee will be applied each time.
2. Completion Schedule
Online gallery should be expected within 2-4 weeks. Prints generally take about two weeks from time of print order to be processed and delivered to Client. Albums can take several weeks to design and produce. Client should place order with enough time to allow for normal delays. Photographer shall not be held responsible for delivery delays.
3. Artistic Rights
The Photographer retains the right of discretion in selecting the photographic materials released to the client. This includes selection of images and editing style. The photographer owns all copyrights. The client will receive a personal use release allowing them to make reproductions.
4. Session Fees
Client agrees to pay photographer a deposit of $100 at the time of booking (applicable to sessions $350 or more) to secure their appointment date and time. This is a non-refundable retainer fee that is applied toward the Client's session. A balance is due at the time of the session. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and a minimum of 50 images to an online gallery for full sessions; a minimum of 25 images for half sessions. Additional editing is available at additional expense to be determined by photographer. Additional prints or digital images may be available for purchase.
5. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees.
6. Failure to Perform
If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer 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 the Photographer, liability shall be limited and a reshoot will be offered.
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 the Photographer’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 $500 In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release the Photographer from any claims against their person or their business.
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.
10. Session Fee
Family sessions include a whole group pose and several other combinations based on clients wishes. The session fee includes the photographers time and talent, online proof gallery of 50+ photos (or 25+ for half sessions), mobile app, personal use release.
11. Data Archiving
After Client receives digital files, Katie Warner and Momentum Dance and Creative Studios is no longer responsible for archiving images. Client is urged to backup on CDs, hard/jump drives or digitally downloaded files.