Agreement:
AGREEMENT Overview: This agreement contains the entire understanding between SALOME Photography and the CLIENT (Named Above) including all family members participating and/or dependents if applicable. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. SALOME Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to SALOME Photography. In the event that the client is not happy with their photos, we will make every opportunity to reshedule another shoot, but the client will not be entitled to a free shoot. Client will be shown images during the shoot from the back of the camera, and it's up to the client to say something during the shoot if they are unhappy with the images presented, so that we can correct during the session.
NOTICE OF COPYRIGHT and Reproduction: All images and copyrights are the property of Salome Photography. Salome Photography retains the right to sell, copy, display, and/or publish any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, sales, print competitions, print and web submissions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client.
STYLIST SERVICES: If client books a session that includes stylist services including hair and/or makeup services, those will be done by independent stylists. Any issues with hair or makeup will be addressed to them, and Salome Photography will not be held liable for any issues that arise due to the stylist's performance or products, including any reactions, allergies, or if the client is simply unhappy with the style performed. It is up to the client to make the stylist aware during the shoot if they are unhappy so that the stylist can correct during the photo session. No refunds will be given due to a client deciding retroactively that they were unhappy with their stylist performance. If the client has known skin allergies, they need to make their stylists aware ahead of time so that they can plan appropriately.
Completion of Pictures: Client understands that under normal circumstances portrait proofs will be available within 25 business days after the date of the photography session, but due to last minute bookings, the photographer's busy season, or unforseen circumstances, this time frame can be longer. Photographer will notify client, and keep abreast of the current timeframe. Proofs shall be made available via a personal viewing under most circumstances. Under normal circumstances, at least 50 photographs will be taken of which at least 20 will be available for Client as proofs.
Client’s Usage: The Client is obtaining prints and or digital images for personal use only, and shall not sell said prints or digital images, or authorize any reproductions thereof by parties other than the Photographer. It is aviolation of federal copyright law to allow photographs created by Salome Photography to be digitally reproduced, copied or scanned without written permission. Any use for general public or for monetary gain will be considered copyright infringement. The Client must obtain written permission from Salome Photography and compensate Salome Photography prior to the Client or their friends and family publishing or selling the photographs for profit, or for unauthorized personal use.
LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents him from photographing the event, SALOME Photography will make every effort to reschedule the event. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for the services purchased. SALOME Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs or digital files have been lost, stolen, or destroyed for reasons within or beyond SALOME Photography's control, SALOME Photography liability is limited to the return of all payments received for the products. If the client is for any reason not satisfied with their provided images from the session, and wishes to re-shoot the session, this will only be done at the Photographer's discression, and in most cases will require a regular session fee if a re-shoot is agreed upon. The photographer is not liable for a re-shoot for any reason, including but not limited to, if the client decides they are unhappy in regard to the session images, editing, outifts, hair and makeup, locations, expressions, posing, session date, or any other reason.
I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS ACTIVITY , including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the parsons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault, I certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems that preclude me from participation in this activity or event. I acknowledge that the event holders, sponsors, and organizers of the activity or event in which I may participate will use this Accident Waiver and Release of Liability Form for their protection from any and all liability, and that it will govern my actions and responsibilities at said activity or event. In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event or activity and the participation in the activities, THE FOLLOWING ENTITIES OR PERSONS: Salome Photography, Salome Klopfenstein and / or their directors, officers, employees, volunteers, assistants, representatives, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers;
(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this document from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence or release of otherwise. I acknowledge that Salome Photography, Salome Klopfenstein and / or their directors, officers, employees, volunteers, assistants, representatives, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Salome Photography. I acknowledge that this activity or event may involve physical activity, and may carry with it the potential for death, serious injury, and property loss. I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during this activity or event. This Accident Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
SESSION DETAILS:
. Session fee deposit must be paid upon booking to secure your date.
. Physical poducts are all subject to 7% IN state sales tax
. Due to the nature of the product, all sales are final. Your session fee is non-refundable, but is transferable one time should you need to re-schedule due to an emergency or act of God such as incliment weather.
. All sessions require you to sign our standard portrait contract agreement prior to the session date. Failure to sign the agreement will result in the cancellation of your session, and you will forfeit your session deposit.
. Your final proofing gallery will contain a minimum of 35 images for all sessions. (With the exception of certain headshot sessions.)