AGREEMENT FOR PHOTOGRAPHY SERVICES
This Agreement for Photography Services (“Agreement”) is made between Tim Coburn Photography (“Photographer”) located at 4600 S. Four Mile Run Drive #820, Arlington, VA 22204 and the client(s) named below (“Client”), on {{primary_session.start_date_long}} from {{primary_session.start_time}} to {{primary_session.end_time}}

In consideration of the mutual covenants, conditions, and promises contained in this Agreement, it is agreed as follows:

Payment

Client will pay Photographer a $50 deposit on Photographer’s fee to schedule a shoot. No shoot will be confirmed until Client pays the deposit. Unless otherwise provided in this Agreement, the deposit is non-refundable. The remaining balance of Photographer’s fee is due at the end of the shoot. Payment can be made via cash, check, Visa, MasterCard, American Express, or Discover.

Cancellation, Rescheduling, Late Arrival, Failure to Show
  1. With at least 24 hours’ notice Client may cancel the photo shoot without penalty, unless Client has previously rescheduled the photo shoot.
  2. With at least 24 hours’ notice Client may reschedule the photo shoot once without penalty.
    1. If Client reschedules the date or time a second time, regardless of the amount of notice, Client will forfeit the deposit and must pay a new $50 deposit to schedule a new shoot.
    2. If Client subsequently cancels a shoot that has previously been rescheduled, regardless of the amount of notice, Client will forfeit the deposit and must pay a new $50 deposit to schedule a new shoot.
  3. Client agrees to arrive at least 10 minutes prior to confirmed shoot time. Photographer will not extend duration of photo shoot for late arrivals. If Client arrives more than 30 minutes late, Photographer may cancel the shoot in which case Client will forfeit the deposit and must pay a new $50 deposit to schedule a new shoot.
  4. If Client fails to show up for a confirmed shoot within 30 minutes of start time, Client will forfeit the deposit and must pay a new $50 deposit to schedule a new shoot.
Image Selection and Storage
  1. Client agrees to select retouched image(s) no more than 30 days after receiving the online gallery.
    1. 30 days after the client has received the online gallery, the gallery will be disactivated.
    2. If Client fails to select an image from the online gallery before disactivation, client agrees to pay a $20 fee to have the online gallery reactivated.
  2. Client agrees to download and store all images the Client wishes to keep. Tim Coburn Photography does not store images more than 60 days after the online gallery has been delivered to the Client.
    1. If Client wishes to view, order or download images from 60 days after the online gallery has been delivered, Client agrees to pay a $20 reactivation fee. This newly activated galley will remain activated for 30 days.

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Copyright
It is understood that Photographer owns and retains the copyright to all of the digital images. Upon receipt of final payment and delivery of images, Client is granted a license to use the digital images for their own commercial purposes such as printing, electronic messaging, display on the Internet; however, the images may not be altered or manipulated in any way.

Model Release
Client hereby assigns Photographer irrevocable and unrestricted rights to use and publish photographs of Client or photographs in which Client may be included for purposes of advertising or otherwise promoting Photographer’s work, which may include sharing of images on Facebook and Photographer’s website/blog, and promotional web and print material. Client waives all claims to revenue that may arise from use of such images.

Capture, Delivery, Post Production & Editing
Photographer is not liable to deliver every image taken at the shoot. The determination of images delivered to Client is left to the discretion of the Photographer. The final post-production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer based on his style and the available lighting.

Digital Files
Upon receipt of the digital photos, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. All digital image sizes are approximate and will be given to client at 8x12 inches, 300 dpi (dots per inch). Any images printed by Client above the provided size may lose image quality.

Completion Schedule
Photographer will process the images and make the entire online gallery of digital images available within 48 hours following the shoot. Client will be notified via email when the images are ready for viewing.

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 Client for Photographer’s services. In no event shall Photographer be liable for special, incidental, consequential, or punitive damages, even if Client informs Photographer of circumstances that would give rise to such damages.

Entire Agreement.
This Agreement contains the entire agreement between Photographer and Client, and supersedes any and all other agreements, written or oral, express or implied, pertaining to the subject matter hereof. No supplements, modifications, or amendments of this Agreement shall be binding unless executed in writing by Photographer and Client, such writing being specifically identified as an addendum to this Agreement.

Execution of Agreement
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This Agreement may be executed in counterparts. When each party has signed and delivered at least one such counterpart to each party, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all parties.

Waiver of Breach
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The waiver of any party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach hereof.

Severability
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If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions hereof shall continue to be fully effective.

Governing Law
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This Agreement shall be deemed to have been executed and delivered within the Commonwealth of Virginia, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the Commonwealth of Virginia without regard to the conflicts of laws provisions therein.

The undersigned have read and understood the above contract and agree to the terms and conditions in their entirety.