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Terms & Conditions
This agreement constitutes an order from “the Client” for Katy Zimmerman Photography (hereinafter referred to as “the Photographer”) to provide Professional Photography Services.
It is understood Katy Zimmerman Photography is the exclusive official photographer retained to perform the photographic services requested on this Contract.
Upon signature, the Photographer shall reserve the time and date agreed upon. All sitting fees and retainers are nonrefundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the Photographer, the Photographer may elect to use an alternate location or to reschedule the portrait.
No part of any order, including previews, will be delivered until the balance is paid in full.
The Photographer reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Photographer in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of the Photographer.
If the Photographer cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of all monies paid.
The charges in this Contract are based on the Photographer’s standard price list. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without the Photographer’s written permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
This Contract incorporates the entire understanding of the parties and is governed by the laws of Dupage County, Illinois. Any modifications of this Contract must be in writing and signed by both parties.