PHOTOGRAPHY SESSION AGREEMENT The terms and policies outlined in this document apply to portraits offered by Ember Imagery. “The photographer”.

SERVICES: The client agrees to hire the photographer for the services, date, time, and fees specified. Photographer will deliver online gallery, at no later than 4 weeks from session date.

CANCELLATION POLICY: If in the opinion of the photographer, inclement weather or other adverse conditions hinder the artistic standards of the photographer, the photographer may elect to use an alternate location or to reschedule the portrait session. If the photography session is canceled by the client for any reason, the photographer must be notified within 48 hours of the scheduled session by PHONE/TEXT. The photographer will reschedule the canceled session at the next available date. 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 photographers illness or emergency, the photographer shall not return any retainer to the client, but will be expected to reschedule. The photographer shall have no further liability with respect to the contract. This limitation liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, 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 the retail value of the clients order.

COPYRIGHT: The photographer reserves the right to use the images created under this contract for advertising, display, publication or other purposes. The use of the images are not limited and can be, but not limited to, the website of said photographer, third party vendors, social media/network sites. Acceptance of this contract 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. The client may not in any form re-edit images or crop them.

PRINT RELEASE: The photographer, of Ember Imagery gives the client print release privileges, and the client may print and reproduce as many images as they would like to for personal use.

WAIVER OF LIABILITY: Client expressly release the photographer, her employees and agents from all claims, damages, and liabilities that may result from accidents or incidents that occur during the portrait session. Recommendations regarding location, wardrobe, etc., are merely recommendations; Photographer is not responsible for the dissatisfaction of the use of the recommended option. Photographer is not responsible for any dissatisfaction of the client. Money will not be refunded to the client if the duties listed are performed: 1. Images shot on the decided day of the session. 2. Images edited. 3. Online gallery delivered. This waiver of liability includes waiver of any claim that may be a result of negligence. This waiver also includes all illness, such as covid19.

MISCELLANY: This Agreement incorporates the entire understanding of the parties. Any modification of this agreement must be in writing and signed by both parties. Any waiver of a breach or default here under shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this agreement. This agreement shall be governed by the laws of Texas. This contract incorporates the entire understanding of the parties. Any modifications of this contract must be in writing and signed by both parties. Each person signing as a Client below agrees to act as a representative of all people photographed, and represents their agreement to these terms and conditions.

The parties have read this agreement, agree to all of its terms, and acknowledge receipt of a complete copy of the agreement signed by both parties.

ALL SALES FINAL.