Portrait Contract
This contract is between the Client, whose name is listed above, and Photography by Silver Image. Inc./Cristie Reddehase.
1. Retainer and Payment
The non-refundable retainer/session fee reserves the agreed-upon date and time. It compensates the Photographer for reserving that time and declining other bookings.
2. Rescheduling and Late Arrivals
Rescheduling requests must be made at least 48 hours before the session. The retainer may be transferred to a new date within 30 days. Late arrivals will not receive additional time to make up for missed portions of the session.
3. Re-Shoots
Re-shoots are at the Photographer’s discretion. Re-shoots or refunds will not be provided due to clothing, hair, makeup, or failure to follow the Photographer’s recommendations.
4. Copyright and Image Use
The Photographer retains copyright ownership of all images. Clients may not copy, alter, or reproduce images without permission, except as allowed by law or their image-use license.
5. Photography and Videography
Client photography and videography during the session are not permitted unless approved by the Photographer.
6. Photographer’s Inability to Perform
If the Photographer cannot perform due to illness, emergency, or circumstances beyond their control, both parties will attempt to reschedule. If rescheduling is not possible, the retainer will be refunded, and the Photographer will have no further liability. If images are lost, damaged, or cannot be delivered due to equipment failure, technical issues, or other circumstances beyond the Photographer’s control, the Photographer shall have no further liability. If no images can be presented to the Client, the session fee will be refunded in full.
7. Refunds and Returns
All product sales are final. Products and materials are non-refundable and non-returnable, except as required by law.
8. Disputes and Arbitration
Disputes related to this agreement will be resolved through arbitration under the applicable rules of the American Arbitration Association, with the arbitration held in the area nearest the Photographer’s office. Either party may pursue other available legal options for disputes involving less than $200. Any arbitration award will not exceed the amount in dispute.
9. Liability
The Photographer is not responsible for injuries to the Client or damage to the Client’s property during or immediately surrounding the session, except where prohibited by law.
10. Entire Agreement and Governing Law
This agreement represents the entire understanding between both parties. Changes must be made in writing and signed by both parties. Texas law governs this agreement.
11. Attorney’s Fees
If either party takes legal action to enforce or interpret this agreement, the prevailing party may recover reasonable attorney’s fees and related legal costs, as permitted by law.