2.RESERVATION FEE:

The non-refundable fee to reserve your session is $250 plus VA sales 6% tax $15 and is due upon signing this Agreement. The reservation fee is determined in advance based on the type of session, the number of individuals to be photographed, and the location of the session. Travel fees are required for shoot locations beyond 20 miles of zip code 23464 at $50 per additional 20 miles. Client is responsible for all admission, parking, and/or other fees required to complete the session as requested. 

The total reservation fee is: $265

3. CANCELLATION: 

Photographer shall reserve the date and time agreed upon, and will not make any other reservations or accept any other clients for said date and time. For this reason, in the event Client cancels the contract for any reason, all monies paid shall be retained by Photographer in order to offset its loss of business.

4. RESCHEDULING: Client may reschedule the session if Photographer is given a minimum of 48 hours notice prior to the session start time. Reschedules will incur a $50 fee. New session must occur within 60 days of the original session date. If Client fails to reschedule session, all monies paid shall be retained by Photographer. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the photographer, photographer may elect to use an alternate location or to reschedule the session. 

5. FAILURE TO APPEAR: Photographer is not responsible if Client and/or key individuals fail to appear to the portrait session. Photographer will wait for Client's for a period of 20 minutes beginning at the Session start time indicated in Section 1 of this agreement. If Client and/or key individuals fail to appear to a scheduled portrait session during this time, reservation fees paid are non-refundable. In the event of such a failure to appear, the session may be rescheduled at the original Reservation Fee. 

6. DESCRIPTION OF SERVICES: Photographer will photograph Client and/or Client's children during the Session with the understanding that Client desires the following result(s):

Portrait session with family

Photographer will make a good faith effort to incorporate Client's suggestions and to achieve Client's desired results. However, Photographer will maintain ultimate discretion and control over the session. Client understands and agrees that Client is hiring Photographer to perform Photographer's services in Photographer's own discretion and style . Client has no authority to control the manner in which Photographer takes photos. Photographer will use the equipment that Photographer finds appropriate and will take and present the photographs that Photographer finds appropriate. Client has no right to rescind this Agreement in any way if Client is not satisfied with Photographer's photography.

7. COOPERATION: Client acknowledges that Photographer cannot and will not guarantee any particular result, including Client's desired results. If Client and/or key individuals do not or cannot cooperate during the Session, or if the Client or Photographer end the session before the time established in Section 1 of this Agreement, Client is still responsible for the reservation fee under this Agreement.

8. VIEWING AND ORDERING: Client will be presented with edited proofs during a viewing appointment within two to four weeks of the portrait session. During this time, Client will be asked to place an order. Any additional Viewing appointments will incur a $100 fee. Payments may be made by cash, check, or with major credit cards. Payment plans are available. All services and products are subject to VA sales tax. 

No part of any order, including previews, will be delivered until the balance is paid in full. If Client cancels an order after it is placed, a 50% cancellation fee will apply to orders that have not yet been sent to the lab for production. Once an order has been sent for production, it is deemed non-refundable.

9. EDITING AND RETOUCHING: Photographer performs basic and artistic edits to images as Photographer deems appropriate. Retouching fees are required for editing of photos beyond what is presented during the Viewing Appointment. Retouching fees begin at $25 per photo and will be evaluated based on Client's requests. 

10. ARCHIVING AND RE-ORDERS: Photographer will archive digital files of all ordered images for Client for up to 1 year from the session date. Unordered images will be purged 30 days following the viewing appointment. Photographer does not guarantee back-up photographs, prints or data after this time. If Client requests additional prints or data from Photographer's archive, Photographer may charge a recovery fee of $50. Re-orders placed after 60 days of the viewing session require a $150 order minimum. The product and prices are based on Photographer's current product line and price list. Products and prices are adjusted periodically and future orders shall be charged at the prices in effect at the time order is placed. 

11. INTELLECTUAL PROPERTY RIGHTS & RELEASE: All photos and images taken by Photographer and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer, even after full payment by Client and distribution to Client. The Photographer reserves the right to use or distribute images, photos, or video footage created under this contract for advertising, display, publication, marketing, competition and/or studio purposes. Client expressly agrees to release to Photographer of any personal or proprietary interest in the photographic materials that result from the session, and grants the Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client and/or Client's minor children for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same, with the exception of online publication.. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Studio/Photographer in the event of litigation arising out of such use, with the exception of online publication.. 

12. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs elsewhere without Photographer's permission, and violators of this Federal Law will be subject to its civil and criminal penalties. Client is obtaining prints for personal use only, and shall not sell, publish (such as for editorial, public relations, or advertising use), submit said images into competitions, or authorize any reproductions by parties other than Photographer, without Photographer's written permission. Client shall not modify or otherwise alter Photographer's photographic materials. This includes editing, retouching, or in any other way change any of the digital images received from portrait session. Client shall not post physically or in digital form, including on any social media website, blog or application, any of Photographer's photos without attributing Photographer. 

13. LIMIT OF LIABILITY: Client agrees to hold harmless the Photographer from any dispute in the event the Client or Client's children become injured during the portrait session. The Photographer will not be held liable for any injury incurred by the Client, Client's family, or other participants or any damage to Client's property during the portrait session. In no event shall photographer be liable for any emotional harm to Client or any other party resulting from Photographer's services. Responsibility and liability is limited to the return of all monies paid The Photographer takes the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer, Responsibility and liability is limited to the return of all monies paid, or a reshoot can be rescheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total session fee amount, based on the percentage of originals lost or damaged. If the Photographer cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer's illness or emergency, or due to any other reason, then the Photographer shall return any reservation fee to the Client but shall have no further liability with respect to the Contract. The photographer shall not be liable for any amount in excess of all monies paid. Client is aware that color dyes in photographic products may fade or discolor over time due to the inherent qualities of dyes and the environment in which the products are kept. Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.

14. MISCELLANEOUS: 

a. Entire Agreement: This document serves as a contractual agreement made between Photographer and Client and will become effective upon Client signature. The agreement incorporates the entire understanding of the parties and is governed by the laws of Virginia beach, VA. 

b. Severability: If any provision of this Agreement is held in whole or in part to be unenforceable or waived for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. 

c. Modification: Any modifications of this Contract must be in writing and signed by both parties. Changes to this agreement may incur additional charges. 

d. Indemnity - If either party is sued or otherwise subject to legal burdens or losses as a result of this Agreement and the actions of the other party to this Agreement, then the other party agrees to indemnify the burdened party.

I have read and understand this entire agreement, including the terms and conditions, and agree to be bound by them. Further, I attest that I am competent to contract in my own name, that I am over 18 years of age, and that I have received or will receive a complete copy of this agreement.