Client Session Agreement – Breastfeeding Minis

Client Session Agreement – Breastfeeding Minis
Second Ave Photography LLC, Terms and Conditions: Breastfeeding Mini Sessions

Payment: A nonrefundable $50 reservation fee is required within 3 days of receipt in order to secure your session date and time. All areas of Loudoun County are included in the session fee; we reserve the right to charge an additional travel fee to other parts of the DC-metro region or other areas.
This contract between Second Ave Photography and the Client shall not become effective until it is signed and the initial amount due has been paid. At the time the contract takes effect, Second Ave Photography shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that the Client cancels the contract for any reason, all monies paid shall be retained by Second Ave Photography in order to offset its loss of business. The deposit shall apply to a new session if it is rescheduled within 30 days of the original session date.

Cancellation Policy: You may cancel the session any time by giving us at least 5 days written notice prior to the date of the session. In the 5 days before the session, if you need to cancel, you may be responsible for a $225 cancellation fee at the discretion of the photographer. In the event that your event is cancelled or rescheduled because of inclement weather, we may, in our discretion, waive the cancellation fee. Clients with repeat cancellations may be required to pay a nonrefundable $225 deposit prior to rebooking to offset potential loss of business. We reserve the right to postpone a session due to inclement weather or conditions that compromise our ability to deliver high-quality photographs. In the event of inclement weather that will force us to cancel our session, you will be notified via email the night before for morning sessions and the morning of for afternoon sessions. An alternative date will also be selected at that time and any monies paid will apply to the new session date and time.

Lateness: Your session begins at the appointed time; time spent setting up, changing outfits, etc, is included in the given timeframe and is not considered as extra time. In the event your photographer is late, the missed time will be made up at the end; if the client is late, that time is forfeited at the discretion of the photographer. We will make all efforts to arrive at your location prior to the start time in order to start the session; however, we will not be liable for any delays or inability to perform based on force majeure events, including without limitation, acts of God, major equipment failures, unexpected traffic conditions such as road closures, or any other occurrence beyond our reasonable control. In the event that such an event occurs, we will either refund your paid session fee or reschedule the session, at our discretion.

Copyright Notice; Print Release: All photographs and images taken by us at the session are our sole property and we retain all copyrights of all such images. If web-ready images are provided, we are giving you a non-exclusive license to reproduce those unaltered images on social media or elsewhere, for your reasonable personal use. The web-ready images contain a watermark or other copyright notices which may not be altered, cropped or edited in any way. When providing you with the high-resolution images, we will provide you a print release to reproduce those images for your reasonable personal use. You may not otherwise distribute, sell, edit, copy, share or transfer those images without our permission. If you post the high-resolution images on social media or elsewhere with our permission, you must attribute those images to Second Ave Photography, LLC. We reserve the right to, and you agree that we may, use any photograph or image from the session in any form, including but not limited to posting on social media or blogs or for advertising purposes.

Model Release: For valuable consideration received, you grant to Second Ave and its successors and assigns, the irrevocable and unrestricted right to use and publish photographs of you, including your name, for advertising, editorial, trade and any other purpose, in any manner and medium, and to alter such photographs without restriction. You release all claim to profits that may arise from the use of such photographs. By checking below, you agree that for purposes of this section, “you” includes any minor children who may be involved in the session for which you are parent or legal guardian.

Limitation of Liability: You agree that, to the fullest extent permitted by law, Second Ave’s total liability to you for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the session or this agreement from any cause or causes including but not limited to our negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the total amount paid by you to us under this agreement. You agree to defend, hold harmless and indemnify Second Ave and its members and employees from and against any action, suit, claim, damages, liability, costs and expenses (including reasonable attorney fees) arising out of or from our performance under this agreement and the resulting photographs from the session. You understand that you are responsible for obtaining any and all necessary permits or permissions for us to perform the session at the location.

Miscellaneous: You and we agree that this agreement will be governed by the laws of the Commonwealth of Virginia, without regard to conflict of laws provisions. Any legal actions arising from this agreement will be brought exclusively in the courts of Loudoun County, Virginia, and both parties agree to submit to the jurisdiction and venue of such courts. This agreement embodies the entire agreement of the parties and supersedes all prior agreements and understandings, whether written or oral. If any provision of this agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention and all remaining provisions of this agreement shall remain in full force and effect.

 Please take a moment to review our Welcome Guide if you haven’t already. Second Ave Photography does not, under any circumstances, distribute RAW or unedited files. Please allow up to 2-4 weeks to receive your images. Prints and products will be mailed to the address you provide. If you’d prefer not to wait you are welcome to arrange to pick it up at our location in Leesburg. Re-edit requests may result in an additional charge.

Kindly take a moment to fill out this form after reading the agreement. This will help prepare us for our session. If you have any questions or concerns about any of the above, please contact us PRIOR to submitting this form to discuss. Please feel free to print for your records or refer back to this page at any time.
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