Terms and Conditions

I. Engagement and Scope of Work

1. Scope of Service: The Photographer agrees to provide professional photographic services (the "Services") for the [Type of Event/Session] on the date(s), time(s), and location(s) specified in the attached Schedule A or Proposal.

2. Client Cooperation: The Client agrees to provide full cooperation and assistance necessary for the Photographer to perform the Services efficiently. The Photographer shall not be held liable for delayed or missed photographs resulting from the Client’s failure to cooperate, tardiness, or the interference of guests or third parties.

3. Photographer Exclusivity: The Photographer shall be the sole authorized professional photographer retained for the session/event. The Client agrees to ensure that no other paid professional photographer or videographer interferes with the Photographer’s performance of the Services.

II. Financial Terms and Payments

1. Non-Refundable Retainer: The Client shall pay a Non-Refundable Retainer of 25% of the total project cost immediately upon signing this Contract to reserve the date and time. This Retainer is compensation for blocking the Photographer's availability, administrative work, and opportunity cost, and is not a penalty. This retainer is non-refundable under all circumstances, including cancellation by the Client.

2. Payment Schedule: The remaining balance of the total fee is due no later than 7 days prior to the session/event date. Failure to pay the balance by the due date may, at the Photographer's sole discretion, result in the immediate cancellation of the Contract and the forfeiture of the Retainer.

3. Cancellation and Liquidated Damages (Per Nevada NRS 104.2718):

   • If the Client cancels this Contract 7 or more days prior to the session, the Client forfeits the Non-Refundable Retainer but owes no further payment.

   • If the Client cancels less than 7 days prior to the session/event, the Client shall pay a sum equal to 50% of the total contract fee (less the Retainer already paid). The parties agree this sum constitutes Liquidated Damages, a reasonable pre-estimate of the Photographer’s actual financial harm and lost profit, given the difficulty of securing replacement work on short notice. The Client agrees that this amount is not a penalty.

4. Travel and Expenses: Any travel exceeding a 30-mile radius from the Photographer's principal office in Reno, NV, shall be billed to the Client at a rate of $0.70 per mile, plus all reasonable travel expenses (e.g., lodging, per diem, tolls, parking) which shall be itemized separately on the final invoice.

III. Deliverables and Artistic Control

1. Artistic Control and Style: The Client is commissioning the Photographer based on their established artistic style. The Photographer retains full artistic control over the final selection of images, editing, retouching, and final delivery format. The Photographer does not warrant that any specific image or requested shot will be captured.

2. Delivery and Archival: The Photographer will deliver the final, high-resolution edited images within 4 business weeks following the Client’s final selection. The Photographer warrants archival of the final delivered images for a period of one (1) month from the delivery date, after which the Photographer shall have no liability for file retention. RAW files and unedited images are the intellectual property of the Photographer and shall not be delivered to the Client.

IV. Copyright, Licensing, and Usage Rights

1. Copyright Ownership: Pursuant to U.S. Copyright Law (Title 17), the Photographer retains the sole and exclusive copyright to all images, digital files, and related works created under this Contract.

2. Client Personal Use License: Upon full and final payment, the Photographer grants the Client a non-exclusive, non-transferable, perpetual, personal use license to reproduce, display, and distribute the final delivered images for non-commercial purposes (e.g., prints, social media, gifts). The Client may not sell, publish, or use the images commercially, competitively, or for profit without separate written consent and payment of an additional commercial licensing fee.

3. Photographer Promotional Use (Model Release): The Client grants the Photographer the right to use the images (including the likenesses of all subjects) for the Photographer's marketing, portfolio, website, competition entry, and self-promotion without further compensation. [Note: A separate Model Release is required for subjects under the age of 18, signed by a parent/guardian.]

V. Legal, Liability, and Jurisdiction

1. Limit of Liability: The Photographer’s liability for any loss, damage, or failure to perform under this Contract shall be limited to a full refund of all monies paid to date, including the Retainer. The Photographer shall not be liable for any indirect, consequential, or punitive damages, loss of enjoyment, or emotional distress.

2. Force Majeure: If the Photographer is unable to perform the Services due to circumstances beyond their control (e.g., fire, severe weather, government restrictions, sudden illness, or equipment failure), the Photographer will refund all monies paid, and both parties shall be released from further obligation.

3. Governing Law and Jurisdiction (Nevada NRS 97B.100): This Contract shall be governed by and construed in accordance with the laws of the State of Nevada. The parties agree that any legal action or proceeding arising out of or related to this Contract shall be brought exclusively in the state or federal courts located in Washoe County, Nevada.

4. Indemnification: The Client agrees to defend, protect, indemnify, and hold harmless the Photographer from any and all liabilities, claims, or damages, including reasonable legal fees, arising from the Client’s use of the images or the actions of the Client or their guests during the session.

5. Severability: Should any part of this Contract be deemed void or unenforceable by a court of competent jurisdiction in Nevada, the remaining provisions of the Contract shall remain in full force and effect.