RIVERS LIGHT PHOTOGRAPHY
PHOTOGRAPHY AGREEMENT

Standard Terms and Conditions
This Client Services Agreement (“Agreement”) is entered into and is effective as of the Agreement Date (as defined above) by and between Rivers Light Photography (“Studio”), and the person(s) identified as the Client above of this Agreement.

DEFINITIONS.
1.1. “Assignment” refers to the wedding day and any related photography services described above in the Agreement that the Client is explicitly commissioning Photographer to perform.

1.2. “Client” means the Bride and Groom listed above, or a 3rd party acting as the purchaser of stated services, are hereinafter collectively referred to as “Client.”

1.3. “Photographer” means the Photographer identified above in the Agreement and the Studio.

1.4. “Postponement” is the rescheduling of the Assignment by the Client at least 60 days before the Assignment to a mutually agreeable date.

1.5. “Cancellation” means that the Assignment is canceled by the Client and not rescheduled. In the event of cancellation, the Client will be responsible for those fees, costs, and charges outlined in section 5.2 below.

1.6. “Work” means all photographic images, negatives, digital files, prints, or other materials created by Photographer while performing the Assignment.

1. PHOTOGRAPHY SERVICES + PRODUCTS PURCHASED:
The Photographer agrees to provide the services and products included in the selected package, and the Client agrees to retain Photographer and to purchase the Photographer’s listed package price.

2. BOOKING & PAYMENTS.
The retainer fee, the full session fee, plus tax, is due in full to the Photographer upon booking your session date to lock in your session. All monies paid are nonrefundable. Accepted Forms of payments for session service is cash, or via Debit or Credit Card. Accepted payment applications are PayPal and Square.

3. LIMITS OF LIABILITY.
The Studio takes the utmost care concerning the exposure, development, and delivery of all photographs. However, in the event that the Studio fails to comply with the terms of this Agreement due to any event or act which prevents the delivery of the Work from the Assignment, the Studio’s liability to Client shall be limited solely to a refund of all money paid by Client to the Studio, and Client’s sole remedy shall be receiving a refund of all money paid by Client to the Studio.

4. LATE FEES:
Any payment that is not received by the final due date, will result in a $50 late fee that will be assessed and added to the balance due from Client.

5. SPECIFIC IMAGES.
The Studio and Client further agree that the Studio cannot be held responsible for any particular image that may not be delivered. The Client acknowledges and
understands that the Photographer uses a highly stylized and photo-journalistic approach to the Assignment.. Any failure by the Studio to deliver any specific image shall not be a breach of this Agreement, shall not result in a refund of any money paid by the Client to the Studio, and Studio shall not provide any other remedy to Client.

6. PAYMENT SCHEDULE.
The Client must pay the retainer and final payment described below before the Photographer has any obligation to perform the Assignment. Client’s failure to pay
the retainer and final payment shall be deemed a material breach of this Agreement, shall result in damage to the Studio, and shall relieve the Studio and Photographer from performing any services under this Agreement.

6.1. RETAINER.
The retainer fee described above in this Agreement reserves the Photographer’s services for the Assignment on the date and time, and at the location(s) described
above. The retainer fee is due and payable when the Client signs this Agreement. A retainer/deposit of 30% of the total amount is due at time of booking and execution of this Agreement to reserve the Wedding Date on the Photographer’s calendar

6.2 FINAL PAYMENT.
The final payment described above in the Agreement is due and payable at least 30 days before the date of the Assignment. The final amount of the remaining
balance is due 30 days before the wedding date. The retainer is nonrefundable.

7. POSTPONEMENT, CANCELLATION & LIQUIDATED DAMAGES:

7.1. POSTPONEMENT.
The Client acknowledges that in the event that there is a Postponement for any reason, the date or time of the session, any paid retainer fees will not be refunded. It is understood that the Client must give ideally 24 hours’ notice, but no less than 4 hours’ notice, and is responsible for rescheduling the session date and time. If the Client is not at the session location within 30 minutes of the agreed-upon session start time, the Photographer has the right to cancel or postpone the session without notice, and the Client is responsible for rescheduling the new session date if applicable. The Client will be considered a “no show,” and no monies paid or retainer fees will be refunded to the Client.

7.2. CANCELLATION.
The Client acknowledges that in the event that there is a Cancellation of the session, the Studio will be harmed and that Client will notify the Studio of a Cancellation in writing as soon as possible in order to minimize the Studio’s damages. A refund of all but the 30% retainer and fees of any completed sessions. Money retained by the Studio will be kept as liquidated damages.

8. CLIENT COOPERATION & UNDELIVERED WORK.
Photographers cannot perform the Assignment without the cooperation of the Client. Client and Photographer agree that it is imperative to engage in open and timely communication with each other about the plans, schedule and timeline of the wedding day events to ensure that expectations are understood and realistic and so Photographer can perform to the best of his/ her ability to provide the services as understood by both parties. Therefore, the Client agrees to meet with Photographer at a pre-consultation meeting 1-3 weeks prior to the Wedding Date to discuss the specifics of the wedding day. No later than the date of this meeting, Client is responsible for providing to Photographer a written shot request list of the groupings of people and/or specific photographs Client would like Photographer to attempt to take during the wedding day.

The Client and Photographer will discuss this list in detail so that both parties understand what realistic based on the scheduling and timeline of the wedding day events is. However, the Client understands and agrees that Photographer does not guarantee that all of the photographs on the written, shot request list will be taken at the wedding, just that Photographer will make a reasonable attempt to capture the photographs as requested and agreed upon between the parties. The Client is also responsible for providing to Photographer a schedule and timeline of the wedding day events, and, together, the Photographer and Client will finalize the time for the first look, if applicable, formal portraits and any other specifics as discussed and agreed. Client understands and agrees that the schedule of the wedding day is imperative for Photographer to have adequate time to capture the images as discussed and Photographer is not liable for missed photographs due to anyone’s tardiness or absence for any reason, including the Bride, Groom, their families, or any member of the wedding party.

In the event that Photographer and the Studio are unable to deliver a portion of the Work, or other goods, required under this Agreement, due to a failure of the Client to cooperate or to provide necessary approvals regarding the Work, or other products, to the Studio, then the Studio shall not be obligated to deliver that portion of the Work or other goods to Client.

9. EXCLUSIVE PHOTOGRAPHER:
Photographer will be the exclusive Photographer on the day of the wedding, except for Photographer’s second shooter, if applicable. Family and friends may
also take photographs during the wedding, but they may not interfere with Photographer’s Work. The Client agrees that the Photographer may ask guests to refrain from taking photographs at any time during the wedding day to prevent interference with Photographer’s Work.

10. COPYRIGHTS.
The Work created by Photographer during the Assignment constitutes the copyrighted Work of Photographer and the Studio. Work at all times shall remain the property of Photographer and the Studio. Any portion of the Work delivered to Client is for Client’s personal use only. The Client may not sell or reproduce, nor authorize the sale or reproduction of any portion of the Work without the Studio’s written consent.

11. CLIENT USAGE.
If the Client is purchasing the files, they are obtaining the files in Agreement to use for personal use only and shall not sell or authorize any reproduction by parties other than Rivers Light Photography. Newspaper announcements, Facebook postings, and Twitter postings must all be accompanied with credit to Rivers Light Photography.

12. NON-GUARANTEE:
While Photographer will make every reasonable effort to take the photographs specifically requested by Client, Client understands that this is an uncontrolled
event and that due to the vagaries of the weather, available light, time restrictions, and willingness of subjects, Photographer cannot guarantee that ALL requested photos will be taken. Any lists supplied will be used for organizational and advisory purposes only.

13. HARASSMENT:
Ensuring the appropriate behavior of all guests and other persons at the wedding and other events covered by Rivers Light Photography shall be the responsibility of the Client. In the event Rivers Light Photography or any of their employees experience any inappropriate, threatening, hostile or offensive behavior from any guest or other people at the wedding or other events (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a family member of the Client; second offense: the offending person will be required to leave the wedding or event; third offense: Rivers Light Photography will end wedding coverage immediately and leave the event, Rivers Light Photography shall be entitled to retain all monies paid hereunder, and Client agrees to relieve and hold Rivers Light Photography harmless as a result of incomplete wedding or event photography coverage.

14. MODEL RELEASE.
Client shall permit the Studio to use images of Client from any portion of the Work for display, publication, or other promotional uses without payment of additional
compensation to Client or Client’s agents. Client’s guests at the wedding shall be deemed to have consented to the use of their name, image, or likeness by Client, Studio and Photographer for the duration of the Assignment, and Client shall defend and indemnify the Studio and Photographer from and against any claims that any of Client’s guests may assert against the Studio or Photographer arising from, or related to, the use of any name, image, or likeness of Client. Notwithstanding the foregoing, the CLIENT agrees that Rivers Light Photography may reproduce, publish, or exhibit a judicious selection of such photographs as samples of photographic Work to be shown to prospective clients in the form of in-studio displays, advertising, web site and for instructional or institutional purposes consistent with the highest standards of taste and judgment. For the good and valuable consideration, receipt of which is hereby acknowledged, I consent that the Photographer, her legal representative, successors or assigns, shall have the absolute right and permission to copyright, publish, use, sell, or assign any photographic portraits of me taken on this or any subsequent dates, whether apart from or in conjunction with my fictitious name, or thereof, in color or otherwise. Guests should be advised that photographs taken at the event are subject to use in the aforementioned uses. I hereby release, discharge, and agree to save harmless their legal representative or assigns and all persons acting under the permission or authority or those for whom they are acting, from liability by virtue of any blurring, distorting, alteration, optical illusion, or use in composite form whether intention or otherwise, which may occur or be produced in the taking of a said picture and the publication thereof.

I hereby waive any right that I may have to inspect and or approve any finished product or the advertising copy that may be used in connection therewith or the use to which it may be applied. I hereby warrant that I am of full age and have every right to contract in my name in the above regard. I state further that I have read the above authorization and release prior to the execution, and that I am fully familiar with its contents.

15. DANGER TO THE PHOTOGRAPHER OR PHOTOGRAPHER’S EQUIPMENT:
It is the responsibility of the Client to provide a safe working environment for the Photographer. If the health, safety, well-being, or life of the Photographer or the Photographer’s equipment is in jeopardy, both perceived or real, the Photographer may remove himself/herself and all photography equipment from the premises or event. So far as it is safe, the Photographer will give notice to the Client of the danger presented to the Photographer or the Photographer’s equipment before leaving the premises. In such a situation, the Photographer will not be held liable for any missed coverage of the events of the day. The Photographer will not be held liable
for a reduction in the final number of provided images for any situation the Photographer leaves due to possible jeopardy to the Photographer and/or all photography equipment. The Photographer shall be entitled to retain all monies paid hereunder, and the Client agrees to relieve and hold Photographer harmless and without liability as a result of incomplete wedding or event photography coverage.

16. FEEDING THE PHOTOGRAPHER(S):
Meals will be provided to the Photographer (s) at appropriate meal times during the wedding day when there are six or more hours of coverage. Meals are to be provided at the time the Bride & Groom are eating. The Caterer may not require that the Photographer (s) should be made to wait until all the guests have eaten or been served before the Photographer is provided food or that the Photographer (s) be required to eat in a separate room. Please discuss these details and meals with your Caterer. The Photographer must be able to eat as near to the time as the Bride and Groom eat to ensure that the Photographer (s) can be finished eating before the any other part of the event occurs that should be photographed.

17. HOUSE RULES:
The Photographer is limited by the guidelines of the ceremony officiant or the reception site management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; Rivers Light Photography will offer technical recommendations only.

18. FINAL IMAGE DELIVERY:
After the wedding, Rivers Light Photography will provide the Client with an online gallery that will display the digital images. The final images will be selected according to the sole discretion of Rivers Light Photography. Images determined by Rivers Light Photography, in their sole discretion, to be substandard or duplicated may be edited out. The Client accepts all responsibility for archiving and protecting the images and photographs. Photographer does not permanently archive all image files. The Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology that might result in an inability to view images. It is the Client’s responsibility to make sure that digital files are copied to new media and achieved as required to ensure the longevity of the provided photographs.

Archival of RAW files shot at the wedding is for 1 year after the release of photos to the Client. Any inquiry regarding a possible image shot at the wedding or event and not provided in the final jpegs must be made within this time frame. There is no guarantee or liability associated with any request by the Client regarding images not provided by the Photographer.

19. COMPLETION SCHEDULE:
The printing process can only start once Rivers Light Photography receives the order list for the required images. Digital processing takes approximately four to
eight weeks from the event date. The creation of a wedding album takes six to ten weeks, enlargements one to two weeks, or possibly longer when laboratory and bindery schedules are heavy.

20. CUSTOMIZED ALBUMS:
The Photographer custom designs each Wedding Album and then provides a preview of the album to the Client before the final print order is placed. The Client can then request changes or replacements to any images used or not used in the layouts, and the Photographer will do their best to make those changes to the Photo Album then. These changes do not include the artistic layout of the pages and spread unless approved by the Photographer.

The Client will then receive a second preview of the photo album. Once the Photographer receives approval from the Client on the second preview, the Photographer will order the album. Upon placing the order for the Photo Album, the Client can make no further changes or request any other adjustments to the Photo Album. The Photo Album will be delivered to the Client once the Photographer has received it from the printing company of the Photographer’s choosing.

The Photo Album will be designed after the date that the images are provided to the Client and can take two or more months to be designed, ordered, printed, and delivered back to the Client. Due to the uncertainties of printing fulfillment times by professional album printing companies, there is no guarantee to the amount of time that it will take to deliver the Photo Album.

21. PROOFING + ORDERING:
The online gallery will be available for 12 months from the date of the first publication, within which all orders must be placed. The Client agrees and understands that Photographer, in his sole artistic discretion, decides which images taken during the session or event will be edited and presented in the Client’s gallery; not all images taken during the session will be presented to the Client.

22. ALBUMS/DELIVERY:
If Client is ordering an album or if an album is included in Client’s package, the Photographer will email proofs of the album layout and design to Client between
30 - 60 days after Photographer makes the online gallery available. The Client will have the ability to request three revisions free of charge to the proofed layout. More than 3 revisions will be charged $50 per revision.

The album will be delivered to Client within 2-3 weeks after the Client has signed off on the proofed layout. The Photographer is not liable for mistakes or delays in creating or delivering the album caused by the lab or company producing the album. If Client wishes to make changes or place a reorder after Client has already signed off on the proofs, then all changes and reorders will be at the Client’s full expense.

23. EDITING:
The Client agrees and understands that Photographer edits the proofs at his/her artistic discretion and said editing is included in the package fee. Additional heavy editing, such as removing glare on eyeglasses, braces, acne, or weight reduction, will be charged at an extra rate of $30 per image.

24. PRODUCT REFUNDS:
Due to the custom nature of prints and photographic art products, all purchased products cannot be returned, and all the money paid is nonrefundable.

25. DIGITAL NEGATIVES, PRINTS, and COPYRIGHTS:
All photographs, digital negatives, and prints produced by Rivers Light Photography are protected by U.S. Copyright Law (U.S.C. Title 17) and may not be reproduced in any manner without Rivers Light Photography’s explicit written permission. The Client hereby waives any claims for ownership, income, editorial control, and use of the images. However, upon final payment by the Client, a limited license to use the resulting images will be transferred to the Client under the following conditions:

• The negatives and/or digital files, if provided by Rivers Light Photography, may be used by the Client for limited personal use, including electronic reproduction and distribution of photographs to friends and relatives.

• The Client shall not publish, sell, or otherwise use the images for any unauthorized personal or commercial purpose without the express written consent and compensation of Rivers Light Photography. The Client shall take all necessary measures to prevent the unauthorized use and distribution of Rivers Light Photography images, and shall not knowingly provide images to friends or family members for their unauthorized personal or commercial purposes.

• Images may be used on personal web sites as long as a copyright notice appears near the images stating that they were taken by Rivers Light Photography as well as a web link to https://www.riverslightphotography.com is prominently displayed on the web site. This especially includes FACEBOOK; photo credit must be present under the “caption” section for each photo used on Facebook.

• Under no circumstances shall the Client provide images to any other vendor or business for use in that vendor or business’ advertising, promotion, portrayal, or display without the expressed permission of Rivers Light Photography. Vendors may not obtain or use any image from Rivers Light Photography without obtaining permission with Rivers Light Photography.

26. ILLNESS & INJURY.
In the unlikely event that Photographer is unable to perform the Assignment due to illness, injury, acts of God, or other unforeseen circumstance beyond Photographer’s control, then the Studio shall refer Client to another professional photographer to perform the Assignment from the network of photo-journalistic wedding photographers maintained by the Studio. The Studio will work in good faith to find the best replacement photographer possible for the Assignment. The Studio shall not be responsible for the services provided by any such replacement photographer, and the Studio shall not be liable for any damage or injury sustained by Client, if any such replacement photographer retained by Client, fails in whole or in part, to perform the Assignment.

27. BLOGGING:
Rivers Light Photography maintains a blog on her website, on which she showcases Work from weddings and engagement sessions. Please note that Photographer does not blog all events, shoots, weddings, or engagements, and Photographer does not guarantee that the Client’s wedding or shoot will be featured on the blog. The events Photographer blogs are based on many factors including repetitiveness of events (e.g., Photographer may work at the same venue multiple times per year, and in order to keep the blog fresh, all events may not be featured), her other workload (during busy season I am unable to blog as frequently), and many other factors. The Client is encouraged not to take it personally if their shoot is not featured. Images featured on the blog are at the discretion of the Photographer.

28. SUFFICIENT TIME FOR PHOTOGRAPHY:
The Photographer must be given sufficient time to complete and capture all formal photographs. This includes but is not limited to the bride and groom formals, the wedding party formals, and the family formals. If the bride or groom, wedding party or family members are running late during the course of the wedding day, and as such, the time given the Photographer to capture formal portraits, family portraits or wedding party portraits is reduced, then the Photographer may not be able to provide those images or the full number of final images detailed in this contract, and the Photographer will be released from having to provide the full number of images to the Bride and groom. The Photographer will not be held liable for the lack of time or the reduced number of final images provided.

29. PHOTOGRAPHER’S CREATIVE LICENSE AND AUTHORITY:
Photographer reserves the right to edit and will be the final authority on the images that will be provided to the Client or offered for sale to the Client. Images are edited at the Photographer’s discretion, and delivered images will not include all images shot during the course of the wedding day. The Photographer reserves the
creative right to edit and release only those images deemed creditable as professional in quality and within the Photographer’s artistic standards. The Photographer is not responsible for the subjective interpretations of photography.

30. LIMIT OF LIABILITY:
Rivers Light Photography assures that every effort will be made to provide high-quality photographic services. In the unlikely event of severe medical, natural, or
other emergencies, it may be necessary to retain an alternative photographer. Rivers Light Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the event package. Rivers Light Photography takes the utmost care with respect to exposure, transportation, and processing of photographs, including using professional-grade equipment and professional-grade backup equipment. However, in the
unlikely event of the Client’s photographs being lost, stolen, or destroyed for reasons within or beyond Rivers Light Photography’s control, the latter’s liability is limited to the return of all payments received for the event package. In no event shall Rivers Light Photography’s liability exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals.

31. CAPACITY:
The Client affirms that he/she is at least 18 years old and has the capacity to enter into a contract with Rivers Light Photography.

32. EMPLOYMENT STATUS:
Rivers Light Photography is an independent contractor and not an employee of the Client.

33. JURISDICTION & SEVERABILITY:
The laws of the State of Texas shall govern this contract, and any resulting litigation or arbitration shall take place within Houston, Texas. The Client assumes responsibility for all collection costs and legal fees incurred by Rivers Light Photography should enforcement of this contract become necessary. In the event that any part of this contract is found to be invalid or unenforceable, the remainder of this contract shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this contract shall not constitute a waiver of any other portion or provision of this Agreement).

34. FORCE MAJEURE:
Neither party is liable for failure to perform their obligations under this contract if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters). Neither party is entitled to terminate this Contract under Clause 7 (Termination & Cancellation) in such circumstances. If a party asserts Force Majeure as an excuse for failure to perform the party’s obligation, then the nonperforming party must prove that they took reasonable steps to minimize delay or damages caused by foreseeable events, that they substantially fulfilled all non-excused obligations, and that they timely notified the other party of the likelihood or actual occurrence of an event described in Clause 34 (Force Majeure).

36. ASSUMPTION OF RISK; RELEASE OF PHOTOGRAPHER.
The Client is responsible for and assumes the risk of injury to the Client throughout the wedding day coverage. EXCEPT AS SET FORTH IN PARAGRAPH 17, CLIENT, THEIR HEIRS, ASSIGNS AND NEXT OF KIN, AGREE TO RELEASE PHOTOGRAPHER FULLY, AND PHOTOGRAPHER’S EMPLOYEES AND INDEPENDENT CONTRACTORS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LITIGATION OR OTHER ACTIONS THAT CLIENT MAY HAVE FOR INJURIES, DISABILITY, OR DEATH OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT, CONTRACT, BREACH OF WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF THE PHOTOGRAPHER, PHOTOGRAPHER’S EMPLOYEES OR INDEPENDENT CONTRACTORS.

37. SUBSTITUTE PHOTOGRAPHER.
If Photographer suffers from any illness or emergency, every effort will be made to secure the services of a new professional photographer to cover the event.

If a second shooter is already booked for the event, they will become the main Photographer, and an effort will be made to secure a new second photographer. In the event that no photographer can be booked, all money paid will be refunded.

I have read, understand, and agree to the terms and conditions of this Agreement. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.

IN ORDER TO RESERVE RIVERS LIGHT PHOTOGRAPHY SERVICES FOR YOUR DATE, PLEASE SIGN BY COMPLETING AND SUBMITTING THIS AGREEMENT, ALONG WITH PAYMENT OF THE SPECIFIED RETAINER. PAYMENT MAY BE MADE ONLINE THROUGH THE BOOKING LINK ON RIVERS LIGHT PHOTOGRAPHY. A COPY OF THIS AGREEMENT WILL BE AVAILABLE AND RECEIPT FOR ALL PAYMENTS WILL BE STORED WITHIN THE CLIENT ONLINE PORTAL.

I have read this entire Agreement, and I understand its terms. I agree to be bound by the terms of this Agreement.

Following your review, please sign above as well as initial each page and return one copy of this executed Agreement to Rivers Light Photography at the address below, along with your Retainer Fee of 30%. The remaining balance will due one month before the event date.