Studio Terms and Agreement
This Agreement ("Agreement") is entered into between Sean Turi Photo Studio, ("Photographer") and the Client ("Client Name") for the provision of photographic and/or video Services ("Services") as outlined below:
(i) Client's booked "Session": A finite period in which the Client hires the Photographer for digital photography or recording, as per the terms of this Agreement.
(ii) Work performed by Photographer and affiliates of Sean Turi Photography Studio to produce and deliver Session images to Client Name. Photographer agrees to provide Client Name with access to the digital images produced during the Session. In return, Client Name agrees to adhere to the payment, scheduling, confirmation, and cancellation terms of Sean Turi Photography Studio.
2. Effective Date:
This Agreement becomes immediately effective upon the Client's decision to accept it.
RESCHEDULING & CANCELLATION
Once an appointment is booked, it indicates that we have reserved the time exclusively for the Client. If the Client cancels or reschedules the appointment within less than 24 hours prior to the scheduled time, the full booking fee of the session, including the hair and makeup artist fee (if applicable), will be applicable. To avoid a cancellation fee, the Client must provide a cancellation notice at least 24 hours prior to the appointment.
If the Client needs to cancel within 24 hours or is running late on the day of the session, it is necessary to contact Sean directly at email@example.com and/or 917-740-6617. It is also recommended to copy the studio director, Ashley, at firstname.lastname@example.org on all communications.
All fees, once paid, are non-refundable. This includes fees for retouching.
Client Name agrees to pay a "Retainer" equal to 50% of the full Session fee upon signing this Agreement. The remaining balance is to be paid immediately upon completion of the Session. No photography will take place until the Retainer fee is paid. Additionally, no rights to images will be offered until the Session fee is paid in full.
BOOKING & CONFIRMATION
Upon signing this Agreement and processing the Client Name's retainer payment, the Photographer will work to establish the Client's general availability to book their Session. Once a general session date is established, the Photographer will provide a precise Session appointment time to Client Name via email. A Session will be considered "Booked" once the Client Name has paid the deposit and agreed to the terms and conditions. The Client will receive a reminder of the Booked Session 24 hours before the scheduled date.
Lateness will result in a reduction of the Session time. Refunds or extended session time will not be offered.
IN THE EVENT PHOTOGRAPHER CANNOT PERFORM
If the Photographer is unable to perform due to foreseeable illness, conflicts, or other factors, the Client agrees that the Photographer may assign a new session date.
It is understood and agreed that no other professional photographer will be allowed to photograph or take pictures during the Session while the Photographer and the affiliate photographer(s) of Sean Turi Photography Studio are working.
OWNERSHIP OF WORK PRODUCT BY PHOTOGRAPHER
Ownership of Work: The Photographer will retain all right, title, and interest in all Work Product. Client (on behalf of itself and any participants at the Session) hereby grants the Photographer and its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable, and sublicensable license to use any materials created by the Client or attendees during the performance of the Services that may be protected by copyright or any intellectual property rights ("Portrait Session Materials") as part of any Work Product or in connection with the marketing, advertising, or promotion of the Photographer's services, including the Photographer's studio, portfolio, website, or social media, in any format or medium. Client acknowledges and affirms that no other person or entity has any rights that may prevent or restrict the Photographer from using Portrait Session Materials as provided herein.
LIMITS OF LIABILITY
If the Photographer is unable to perform this Agreement in whole or in part due to circumstances beyond the Parties' control, such as sudden illness, injury, lost equipment, pandemics, or acts of God, the Photographer will return all retainers and fees to the Client Name. However, the Photographer shall have no further liability with respect to this Agreement. If photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer, the Photographer will return all retainers and fees, but will not be liable for any other injuries. In no event, regardless of the circumstances, shall the Photographer be liable for consequential, emotional, third-party, punitive, or any other damages, including attorney's fees, resulting from the Photographer's services or lack thereof. The Photographer's liability is limited to the price of this Agreement.
PHOTOGRAPHER'S STYLE & DISCRETION
The Photographer will maintain ultimate discretion and control over the Session, utilizing equipment and methods deemed appropriate and taking photographs as they find appropriate. The Client Name understands and agrees that they are hiring the Photographer for their services, which will be performed at the Photographer's discretion and style. The Client Name has no authority to control the manner in which the Photographer takes photos. If the Client is not satisfied with the Photographer's photography, the Client Name has no right to rescind this Agreement.
NO GUARANTEED RESULTS
The Photographer agrees to make a good faith effort to achieve the desired results as requested by the Client Name. However, the Client Name acknowledges and understands that photography is a subjective art form, and the Photographer cannot guarantee any specific results, including the Client's desired results. The Client's desired results are limited by the terms of this Agreement.
HAIR & MAKEUP
Artists must be approved by the Studio and provide a certificate of insurance to work within the studio premises.
The Photographer will archive digital files of all photos taken for the Client for up to three years. However, the Photographer does not guarantee the backup of photographs, prints, or data after this time.
Retouching is only included in the Executive Session and is a separate optional Service available per photo for all other sessions.
The Client understands that the Photographer is not responsible for the printing of the Session images or arranging for the printing of said images.