Confirmed Session Date *

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SNOW PIXIE PHOTOGRAPHY CONTRACT *

Please read this Contract and check each box to reflect you have read the provision and agree to be bound by the terms and conditions of this Contract.

This Photography Contract ("Contract") is between Client and Snow Pixie Photography, ("Photographer"), located at 2402 Hancock Drive, Austin TX, 78756, the terms and conditions of which are as follows:

A. Session Fee. Client agrees to pay Photographer a non-refundable Retainer in an amount agreed to by the parties at the time of booking a photography session ("Session"). Upon payment of the Retainer, Photographer will reserve the time and date agreed upon by the parties (“Session Date”). The Retainer will go towards the balance of Client's session fee unless otherwise stated herein. Upon completion of the Session, Client shall pay Photographer in full the remaining balance of the session fee. The session fee covers the time and talent of Photographer, retouching and creative editing of images, as determined by Photographer, and the delivery of a set number of digital images agreed to by the parties. Orders will not be processed, and Photographer will not deliver any Photographic Material to Client, until payment in full is received. If there are any costs/fees associated with the location Client has chosen for the Session, Client will be responsible for those fees. Photographer will not guarantee or arrange payment on any location. In the event Client terminates a Session early, through no fault of Photographer, Client understands that Photographer shall not be responsible for providing the set number of images previously agreed to by the parties, but shall use Photographer's best efforts to deliver a full gallery.

B. Rescheduling & Cancellation. If Client requests to amend or cancel this Contract 7 or more days before the Session Date, the Retainer shall be applied to the session fee for a mutually agreed upon reschedule date, so long as the reschedule date is within the same calendar year as the Session Date. If Client otherwise cancels this Agreement, or fails to show on the Session Date, the Retainer shall be forfeited to Photographer. Client understands that Photographer will not book other sessions during the Session Date, and that in the event Client cancels the Session or fails to appear on the Session Date, for any reason, Photographer shall suffer losses. If Photographer is unable to perform under the Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of Photographer, Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the Retainer to Client and shall have no further liability. Further, if Photographer is unable to deliver Photographic Materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited to the amount paid by Client to Photographer, and in no event shall be more than the session fee. Photographer is not responsible for loss or damage to digital files due to circumstances beyond Photographer’s control.

C. Photographer's Artistic Rights and Selection of Images. Photographer will use Photographer's sole discretion in selecting the Images for delivery to Client. Photographer may in Photographer's sole discretion provide Client with a proofing gallery, a gallery of unedited, non-final images which may not be downloaded, saved or shared, and to which Client has no rights whatsoever, which, if provided to Client, is provided solely for Client to review and select Client's final group of images, the number of which will be stated by Photographer to Client in writing. Under no circumstances shall Client be entitled to view or receive any Photographic Materials other than the Images chosen and delivered by Photographer.

D. Ownership and Intellectual Property. Photographer shall retain exclusive ownership rights to all photographic materials, including but not limited to negatives, transparencies, proofs, digital images, images in any other form, RAW files, and previews, if any, including to all delivered Images ("Photographic Materials"). All Photographic Materials are Photographer's exclusive intellectual property. Photographer shall deliver a number of digital images to Client agreed to by the parties (“Images”) under the terms of this Contract, typically within 2-3 weeks from the Session Date. Under no circumstances shall Client have any rights to RAW files or any other Photographic Materials. Photographer shall own the copyright in all Photographic Materials created, including the delivered Images, and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on Photographer’s website and/or studio, and/or on social media. It is understood that any duplication or alteration of Photographic Material, other than by Photographer, is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of Photographer.

E. Model Release. Client hereby gives Snow Pixie Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of Client and/or Client's minor child in which he/she may be included with others: a) To copyright the same in Photographer's name or any other name that he/she may select; b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, including but not limited to use of the Photographic Material by Photographer in social media or in Photography's online portfolio and/or website. Client hereby releases and discharges Photographer from all and any claims and demands ensuing from or in connection with the use of the Photographic Material, including any and all claims for libel and invasion of privacy.

F. Liability. Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release Photographer from any and all claims against their person or their business. Liability. Photographer is not responsible for the damage of Photographic Materials after delivery to Client, including but not limited to damage caused during transit by US mail. Client assumes all responsibility for the safety of all Photographic Materials upon receipt.

G. Client Usage. Client shall only use the Delivered Images, including prints and/or digital files, in accordance with the permissions within this agreement. Client’s Delivered Images are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorized for reproduction by parties other than Photographer, with the exception that Photographer hereby grants Client the limited right to print out the Delivered Images at a photography lab of Client’s choice (“Print Release”). Client may share Photographer’s blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs from Photographer’s website or social media accounts in any other fashion. Photographer hereby grants Client the limited right to share Delivered Images on Client’s social media accounts with attribution to Photographer.

H. No Other Photography Equipment. No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the Session unless prior arrangement has been made between Client and Photographer. Photographer will not continue if there are other cameras or video taping during the session.

I. Miscellaneous. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Texas. This Contract may be modified or amended only by written agreement between the parties. Specific details regarding pricing and the number of images to be delivered to Client by Photographer, under the terms of this Contract, shall be set forth in and evidenced by written emails or other electronic messages between the parties. Neither this contract, nor any details relating to performance under this Contract may be agreed to by the parties orally.

I have read and understand the terms of this Contract between myself and Snow Pixie Photography.Option One

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