Performance of Services *
(1) Siobhan Fisher agrees to take photographs as per the Clients stated requests, allowing for artistic expression; (2) Siobhan Fisher agrees to use high technical quality to meet The Client's needs, for web or print; in line with the quality of The Photographer's current portfolio (3) Siobhan Fisher will use digital photography and color management consultancy knowledge to create photographs for The Client; and (4) Siobhan Fisher shall provide The Client with the images agreed above within 30 days. (5) Client agrees to cooperation with the photographer in order to create images, including taking direction for posing, expression, and wardrobe. Photographer shall not be responsible for lack of cooperation from the client. (6) In the case of inclimate weather or other act of God, session shall be rescheduled at the photographers discretion. (7) Finished portraits include basic retouching (minor skin smoothing, fly away hairs, color adjustment, and sharpening), major retouching, such as but not limited to, slimming, shall carry a $20 fee per image. (8) Client agrees to the use of images on social media with or without use of names. (9) Client shall not edit or alter finished images in any way such as cropping or application filters. (10) The photographer assumes no responsibility for the quality of images printed outside of her professional lab. (11) Images chosen for the gallery represent the best images consistant with the photographer's style and portfolio. All other images are deleted. Unedited images are not released under any circumstances. (12) Downloading of digital gallery indicates satisfaction with, and completion of services provided.
PAYMENT. (1) The Client agrees to pay Siobhan Fisher in full the amount agreed to above for the photography services to be rendered by Siobhan Fisher. In consideration for this fee, Siobhan Fisher will devote 2- 3 hours to cover the occasion ; (2) Siobhan Fisher will provide 15 images, selectable from the best photographs from the session. All images deemed to be sub par will be deleted, and not available to view. RAW (unedited) images are not available for viewing or purchase. (3) Payment of balance id due on the day of the session, via cash, charge or check. Should a payment be denied by a financial institution, the client will be liable for all fees incurred.
RETAINER. At the time of the signing of the Contract, The Client shall pay a non-refundable retainer of $50.00 to Siobhan Fisher for the Services. The retainer will be subtracted from the total payment owed by The Client on the day of the session. The retainer is paid to reserve studio time on the appointed session day, and is therefore non refundable.
Cancellation Policy *
CANCELLATION POLICY. All retainer fees are non-refundable. A minimum of 1 weeks notice will be required to reschedule appointment by The Client. If less that 1 weeks notice is given, a further retainer fee of $50 will be required to reschedule a session. If the The Photographer should cancel, Client shall be fully refunded, INCLUDING the retainer fee. Refund shall be paid out within thirty (30) calendar days from the cancellation date. Sessions begin PROMPTLY at the appointed time.
Photographer reserves the right to reschedule (for a further $50 retainer fee) or cancel (forfeiting the retainer fee) in the case on non arrival within 15 mins of the session start time.
Legal Stuff *
TERM. Siobhan Fisher and The Client agree that this Contract shall commence on the above date and that same shall terminate on completion of service. Said agreement may be extended and/or renewed by agreement of all parties memorialized in a subsequent amendment thereafter.
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, products, or other information (collectively, the "Work Product") developed in whole or in part by Siobhan Fisher in connection with the Services will be the exclusive property of Siobhan Fisher. Upon request, Siobhan Fisher will execute all documents necessary to confirm or perfect the exclusive ownership of Siobhan Fisher to the Work Product.
RELATIONSHIP OF PARTIES. It is understood by the parties that Siobhan Fisher is an independent contractor with respect to The Client, and not an employee of The Client.
COURTESY. The photography schedule and selected methodology are designed to accomplish the goals and wishes of The Client and Siobhan Fisher agree that positive cooperation and punctuality are therefore essential.
WARRANTY. Siobhan Fisher shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable industry standards and will provide a standard of care equal to, or superior to, care used by service providers similar to Siobhan Fisher on similar projects.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract: The failure to make a required payment when due. The insolvency or bankruptcy of either party. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
ENTIRE CONTRACT. This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Contract shall be governed by the laws of the State of New York. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that partys right to subsequently enforce and compel strict compliance with every provision of this Contract. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
SIGNATORIES. This Agreement shall be digitally signed below by The Client and is effective as of the date below written.