PHOTOGRAPHY AGREEMENT

1. Parties.  The Client listed above is hereinafter referred to as the “Client.” Miss Mischief Photography is hereinafter referred to as “Photographer.”  Photographer is in the business of providing professional photography services and products and Client wishes to retain Photographer’s services for the session(s) set forth above. 
2. Photography Session. Client is guaranteed approximately 20 to 60 minutes of shooting time for one photography session at my studio in Plymouth, MA and/or outdoor location or special location discussed beforehand. Photographer will be the exclusive photographer during the session.  No other photography is allowed.  
3. Session Fee.  Client agrees to pay the nonrefundable session fee set forth on page 1 of this Agreement to book Client’s session on Photographer’s calendar. Client understands that Photographer is foregoing other employment by entering into this Agreement to secure the session date/time on the Photographer’s calendar, and therefore, also understands that the session fee is nonrefundable.  All prints, photographic products and additional digital files are sold separately.  
4. Deposit. A nonrefundable, non-transferable deposit in the amount of $50-$150 depending on session booked is due at the time of booking your session.  Client understands that Photographer is foregoing other employment by entering into this Agreement to secure the session date/time on the Photographer’s calendar, and therefore, also understands that the deposit is nonrefundable.  The balance of the session/package fee is due at the session if session takes place at photographers studio.
5. Rescheduling + Canceling. Photographer may reschedule the session due to Photographer’s illness or inclement weather and will work with Client’s schedule to reschedule as soon as possible. The nonrefundable deposit will be forfeited if session if cancelled or missed. Session fees and deposits will be forfeited if client cancels at any time for a group shoot and/or location other than photographer’s studio located at 11 Nickerson Street, Plymouth, MA  02360. 
6. Digital Photo Delivery. Client will allow between 1-3 weeks for delivery of digital images from the date of the session. For sessions taking place outside of Massachusetts, client will allow 2-5 weeks for digital image delivery. 
7. Editing.  Client agrees and understands that Photographer edits the proofs at his/her own artistic discretion, and said editing is included in the session/package fee.  Additional heavy editing, such as changing/removing background, other special editing requests will be charged at any extra rate of $35 per image.   
8. Refunds.  Due to the custom nature of prints and photographic art products prints, all purchased products cannot be returned and all money paid is nonrefundable. All deposits are non-redundable. Session fees and deposits for missed sessions are also not refundable.
9. Archive and Storage.  The Photographer archives all proofed images from each session for a period of 1 year from the date of the session. After that time, the Photographer deletes all proofed images from their hard drive and all external hard drives. The Photographer is not responsible for digital files once they are purchased and received by the Client.  The Client is responsible for making electronic back-up copies of any digital files that are purchased from the Photographer and for keeping them in a safe place.   
10. Limitation of Liability; Release of Photographer. If Client has any claim or cause of action against Photographer under this Agreement or based on the services provided hereunder, whether arising in tort or contract, or if Client is personally injured while Photographer is providing the services under this Agreement, even if based on or caused by Photographer’s negligence or the negligence of Photographer’s employees or independent contractors, Client’s recovery and Photographer’s liability is limited to the total amount paid from Client to Photographer under this Agreement and Photographer will have no further liability to Client, regardless of the total amount of costs or damages, including but not limited to direct, special, incidental, indirect, or consequential damages, claimed by Client.  Client’s recovery is likewise limited to the total amount paid from Client to Photographer under this Agreement in a situation where the digital files or film negatives are lost or damaged through camera malfunction, where Photographer’s camera(s), memory cards or film negatives are stolen, or where Photographer’s equipment is otherwise lost or damaged.   
11. Release of Liability of Third-Party Actions.  Photographer is not liable for any actions of third parties who may illegally obtain the photographs taken at Client’s session, including but not limited to, a third party who may steal Photographer’s camera, memory card(s), computer(s) or hard drive(s), a third party who may breach the online proofing system used by Photographer, or the mail carrier used to deliver the Client’s prints, album, digital files or other photographic art products.  Photographer is likewise not liable for any actions of third parties that occur after the prints, album, digital files or other photographic art products are delivered to the Client’s possession, and Client assumes all responsibility for securing the privacy of the images in Client’s possession.   
12. Copyright. Client understands that Photographer is the sole and exclusive holder and owner of the copyright of each image taken during the services provided under this Agreement and Client will not copy (including electronic copying, downloading, and screen printing), scan, edit, crop, or alter the images in any manner for any purpose.  Photographer retains all rights to the images, including but not limited to, the right to sell, copy, display, and/or publish any and all images, for any reasons, including but not limited to marketing, advertising, print competitions, and for use on Photographer’s website and portfolio.  Copyright protection is governed by federal and any and all violators will be punished to the fullest extent of the law permitted. 
13. Model Release.  Even though Photographer is the sole and exclusive holder and owner of the copyrights of the images taken during the session as discussed in Paragraph 15 above, Photographer understands the sensitive nature of the boudoir images taken of Client during the session, and therefore, Photographer will not use the images for any reason, including marketing and for use on Photographer’s website, blog, Facebook page, or other social media platform, without client’s written consent.  If Client wishes to provide written consent for Photographer to use the images in certain ways, Client may sign and indicate his/her wishes on a separate release that can be provided. Client hereby releases Photographer and his/her legal representatives, heirs and assigns from any and all claims and liability relating to the photographs. 
14. Client Usage; Personal Use Only. Client understands that he/she is obtaining prints and/or digital files (or other photographic art products) for Client’s personal use only.  Client agrees that he/she will not use any of the images from the session for commercial reasons, including but not limited to marketing, advertising or entering the images into a contest of any kind.  Client agrees to only use watermarked digital files via email and on the Internet that must be {obtained/purchased} from Photographer.4  If Client wishes to use any of the images from the session for commercial purposes, Client must contact Photographer to discuss the terms of a potential commercial arrangement, though Photographer is under no obligation to enter into any commercial arrangement. 
15. Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. 
16. Entire Agreement; Amendments.  This Agreement is the entire agreement between the parties regarding this subject matter and supersedes all prior agreements and understandings related hereto.  This Agreement can only be amended or modified in a writing signed by both parties, including any rescheduling or cancellations.   
17. Governing Law, Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Massachusetts, without giving effect to the principals of conflicts of law.  The parties consent to jurisdiction and venue in the state and federal courts located in the State of Massachusetts. 
18. Counterparts; Electronic Signatures.  This Agreement may be signed in any number of counterparts, each of which shall be deemed an original, and all signatures together shall constitute one and the same agreement.  This Agreement may be signed via fax, email or other electronic means, any of which will be fully binding as an original signature.   

WHEREFORE, the parties execute this Agreement on the date first written below.