CLIENT SERVICE AGREEMENT

PARTIES
 

Kensey Milla, owner of 4Ever Memories Photography

Known as  "Photographer"

and

Person who is requesting Photographer's services.

Known as "Client" (You).

 

Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."

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PURPOSE OF THE AGREEMENT

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Client wishes to hire Photographer to provide services relating to Client’s Session as detailed in this Agreement. Photographer has agreed to provide such services according to the terms of this Agreement.

 

Terms

 

PACKAGE

Client chooses Photographer's package.

 

SERVICES

Photographer shall provide Client with the booked services on the day of the session. 

Photographer shall provide Client with a selection gallery, any day after the session, while still complying with the time frame from the package booked.

 

 

OTHER FEES THAT MAY APPLY

• The total cost of all Services Photographer agrees to provide to Client is whichever the amount from the package the Client selects.

• Total Cost is inclusive of Photographer’s Services.

• Photographer’s hourly rate is $80 per each extra hour spent on Client’s Services over the allotted amount of time purchased.

• Any extras photos will be sold for $30 each. Buying multiple photos may result in a discounted price.

• Travel fee applies after passing 30 miles from my location. 58.5 cents per mile, or $25 minimum, whichever is greater.

• Rescheduling fee of $35 if client is needing to reschedule their session (See "Booking Policy" for more information).

• If Photographer does not receive payment from Client 48 hours of any payment date, then Client will be charged a late fee of 1.5% of the outstanding amount per each day that Photographer does not receive payment. For example, Client owes Photographer $1000 due on April 1 and fails to pay by April 3rd. On April 4th, Client owes Photographer $1015. On April 5th, Client owes Photographer $1030.23. On April 6th, Client owes Photographer $1045.68, and so on.

 

INTELLECTUAL PROPERTY

Photographer retains the ownership of its copyright in any and all photos taken pursuant to federal copyright law (Chapter 17, Section 201-02, of the United States Code.) Any and all work produced in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Photographer. Photographer grants to Client a nontransferable, non-exclusive, royalty-free license of photos produced with and for Client for the specific purpose of:

• Personal Usage

• Social Media Posting in a non profitable manner

• Digital reproduction and print images for personal use

Any unauthorized use of the photos, such as using the photos for other purposes than those specified herein, such as making profits out of the Photographer's work will result in additional fees and/or royalty payments to Photographer. The client may not edit or alter the final photos provided by the Photographer.

 

STYLE RELEASE

Client has spent a satisfactory amount of time reviewing Photographer’s work and has a reasonable expectation that Photographer’s Services will produce a reasonably similar outcome and result for Client. Photographer will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with Photographer’s current portfolio and services, and Photographer will try to incorporate any suggestions Client makes. However, Client understands and agrees that:

• Every client and final delivery are different, with different tastes, budgets, and needs.

• Photography is a subjective service and Photographer is a provider with a unique vision, with an ever-evolving style and technique.

• Photographer will use his personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions.

• Dissatisfaction with Photographer's independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.  

 

LIMIT OF LIABILITY

Client agrees that the maximum amount of damages she is entitled to in any claim of or relating to this Agreement or Services provided herein are not to exceed Photographer’s total cost as set forth in this Agreement.

 

INDEMNIFICATION

Client agrees to indemnify and hold harmless Photographer for any injury, property damage, liability, claim or other cause of action arising out of or related to Services provided herein.

 

NON-DISPARAGEMENT

The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.

 

CANCELLATIONS AND RESCHEDULING

CLIENT DESIRES TO CANCEL OR RESCHEDULE:
If the Client desires to cancel Services of Photographer for any reason at any time, then Client shall provide at least 1 week Notice to Photographer in order to cancel this contract. Client may reschedule Services with at least 48 hours Notice, a rescheduling fee of $35 will be charged. Photographer will not be obligated to refund any portion of monies Client has previously paid to Photographer. Photographer has no obligation to attempt to re-book further Services to make up for Client’s cancellation or rescheduling

 

***Maternity and Newborn Sessions are the exception, as I do not charge a rescheduling fee due to the unpredictable nature of newborns.***
 

PHOTOGRAPHER DESIRES TO CANCEL OR RESCHEDULE:

In the event Photographer cannot or will not perform her obligations in any or all parts of this Agreement, it (or a responsible party) will immediately give Notice to Client, and at the Photographer's discretion, either attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonably accurate percentage of Services rendered. In the case of a refund where, at the discretion of the Photographer, no reasonable substitute is found, Photographer shall excuse Client of further performance obligations in this Agreement.

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FORCE MAJEURE:
Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party that materially affects the performance of Services, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

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NO-SHOWS:
If it becomes impossible for Photographer to render Services due to the fault of the Client or parties related to Client, such as failure to provide necessary elements of the Services or failure of one or more essential parties to the Services to complete tasks in a timely manner, it is within the Photographer's sole discretion to allow for any additional time or dates to render Services. In such an event, any outstanding amount will immediately become due and payable to Photographer.

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Payment Schedule

A booking fee payment is required to book your session, the second payment is done on your session's day. Payments can be done with Credit/Debit card or Bank Transfer. For your convenience, I listed other payment methods below:

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• Zelle: (832) 306-0031

• CashApp: $KenseyMilla

• Venmo: @Kensey-Milla 

 

GOVERNING LAW

The laws of the state of Texas govern all matters arising under or relating to this Agreement, including torts.

The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.