1. PAYMENT: Client must pay the full payment described in the proposal before Photographers have any obligation to perform the Assignment. Client's failure to pay the payment shall be deemed a material breech of this Agreement, shall result in damage to the Photographers, and shall relieve the Photographers from performing any services under this Agreement.
1.2 TEXAS SALES TAX. By Texas state law, Angela McKaskle LLC is required to collect 8.25% State Sales Tax on all services performed and products sold in Texas.
2. CANCELLATION: Client acknowledges that in the event that there is a cancellation of the Assignment, Photographer will be harmed, and that Client will notify Angela McKaskle LLC of a cancellation as soon as possible in order to minimize the damages. If a Cancellation occurs before the event, any monies paid will be nonrefundable. If the Client herein cancels the Assignment for any reason, any fees paid at the time of the cancellation are nonrefundable.
2.1 PORTRAIT SESSIONS: Photographer reserve the right to reschedule the portrait session due to illness or unforeseen emergency affecting the Photographer or Photographer’s family members; inclement weather including temperatures above 100 degrees or below 40 degrees or 40% chance or rain or higher in the location of the portrait session.
3. SOLE PHOTOGRAPHERS. Photographer shall be the sole professional photographer at the Assignment. Client acknowledges that the presence of Other Photographer will adversely affect the photographer's ability to fulfill Client's expectations based on Photographe’s' portfolio and samples.
4. SOCIAL MEDIA. All images taken by Photographer are eligible for publication on the Angela McKaskle LLC Website and/or Blog, but not all images will be published. Photographer retains sole discretion over which images, shoots, and events are published on the blog and when the post will be published. Client acknowledges that the blog and website are for the sole purpose of professional development for the Photographer.
5. COPYRIGHTS. The Work created by Photographer during the Assignment constitutes the copyrighted work of Photographer. The Work at all times shall remain the property of Photographer. Any portion of the Work delivered to Client is for Client's personal use only. Client may not sell or reproduce, nor authorize the sale or reproduction of any portion of the Work without Photographer’s express written consent.
6. PERMITTED USES
6.1 Use by the Client. The parties agree that Client may use the images created hereunder for any personal non-commercial purpose, including display on personal websites, and the publication of personal related announcements or articles. Client will not permit or assist in any commercial use or sale of the images without specific consent of Photographer. Client(s) are permitted to print images for their personal use. The release is specific to Client(s) and may not be transferred or sold. The Client(s) is permitted to display uncropped images on personal websites, personal slideshows, on their Facebook account or other social media websites/pages. Client agrees to not edit or alter image color quality in any way.
6.2 Use by The Photographer. The parties agree that Photographer may reproduce, publish, exhibit, and otherwise use any images created hereunder, without specific identification of persons or events, as samples of Photographer's work to be shown to prospective clients, for instructional purposes during lectures and education seminars taught by Photographer and for generic institutional purposes, including use in conjunction with televised or published interviews. Client is put on notice and hereby agrees that Photographer may post such images on Photographer's websites, Facebook, Twitter, Instagram and other similar websites for purposes of self promotion/advertising.
7. IMAGE DRIVES. Upon receipt of their digital images, Client accepts all responsibility for archiving and protecting the photographs. Upon receipt of The Work it is the Client's responsibility to back up files. The Photographers do not permanently archive image files.
I have read this entire Agreement and I understand its terms. I agree to be bound by the terms of this Agreement.