LIABILITY WAIVER - TERMS AND CONDITIONS (THIS FORM MUST BE FILLED OUT AND SIGNED BEFORE YOUR SESSION WILL TAKES PLACE. PLEASE READ THROUGH IT CAREFULLY. )
THIS IS AN AGREEMENT CONTRACT BETWEEN THE REFERENCED CLIENT NAME, KNOWN FOR THE PURPOSES OF THIS AGREEMENT AS "CLIENT," AND CESAR PHOTOGRAPHY, KNOWN FOR THE PURPOSES OF THIS AGREEMENT AS PHOTOGRAPHER. CLIENT AND PHOTOGRAPHER AGREE TO THE FOLLOWING:    

1. Services
1. It is understood that PHOTOGRAPHER is the exclusive official photographer retained to perform the photographic services requested on this Contract.


2. No part of any order will be delivered until the balance is paid in full.



3. Upon signature, PHOTOGRAPHER shall reserve the time and date agreed upon. Unless PHOTOGRAPHER is able to fully replace the canceled reservation, all sitting fees and deposits are non‐refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.



4. The charges in this Contract are based on Cesar Photography 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.


5. The client has unlimited personal rights & limited commercial usage rights to the photography created during the assignment; Rights include commercial use on company website & social media platforms. Rights can be unlimited if mutually agreed to. Images if appearing in public magazine or newsprint must include photo credit of “Cesar Photography”.



6. Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this session. PHOTOGRAPHER is not responsible if key individuals fail to appear or cooperate during photo sessions or for missed images due to details not revealed to PHOTOGRAPHER.


7. CLIENT warrants that he or she has actual authority to agree to the use of the likeness of all persons included in portrait(s) and shall indemnify and defend PHOTOGRAPHER in the event of litigation arising out of such use.


8. PHOTOGRAPHER will take photographs of CLIENT during the photo session(s). Within 3-12 business days of final payment being made, unless otherwise negotiated, PHOTOGRAPHER will give CLIENT access to a link with images. No part of any order, including previews, will be delivered until the balance is paid in full.




2. Copyright and Licensing of Images


1. CLIENT understands and agrees that PHOTOGRAPHER owns the copyright to all images and reserves all rights to them. PHOTOGRAPHER has unlimited worldwide rights to the images, including full and exclusive commercial and reproduction rights.



2. PHOTOGRAPHER grants to CLIENT usage rights for the final images from each individuals/groups session. This includes posting of images on the CLIENT's website and social media outlets. CLIENT may not reproduce or sell the images in either digital or print form without prior consent. Other rights can be allowed if mutually agreed upon or if photo credit is given to Cesar Photography.

3. PHOTOGRAPHER reserves the right to use images created under this contract for advertising, promotional, 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(s) in this manner and shall indemnify and defend PHOTOGRAPHER in the event of litigation arising out of such use. RAW digital files remain the exclusive property of PHOTOGRAPHER.   
 


3. Rescheduling and Cancellation
1. In the unlikely event that PHOTOGRAPHER is unable to provide the services on the scheduled date, the CLIENT may reschedule the session and the terms of this Agreement to a future date or terminate the agreement without further action.

4. Limit of Liability
1. Services provided are non-refundable.

2. If for any reason CLIENT is not entirely satisfied, please communicate with PHOTOGRAPHER immediately so the issue can be resolved. Reshoots will be done at the sole discretion of PHOTOGRAPHER.

3. If Cesar Photography cannot perform this contract due to fire or other casualty, strike, or other cause beyond the control of the parties, or due to PHOTOGRAPHER’s illness or emergency, then the PHOTOGRAPHER shall return any deposit or sitting fee to CLIENT but shall have no further liability with respect to the Contract. Should CLIENT cancel or postpone event/session, any deposit received is nonrefundable.

4. In the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond PHOTOGRAPHER's control, PHOTOGRAPHER's liability is limited to scheduling a new session in order to complete services paid for. PHOTOGRAPHER is not responsible for refunding any fees or any other expenses or fees paid by CLIENT to any third party such as a makeup artist. This limitation on liability shall also apply in the event that photographic materials are damaged in processing or media malfunction, or otherwise lost or damaged without fault on the part of PHOTOGRAPHER.

5. CLIENT understands and agrees that PHOTOGRAPHER is not responsible for or liable in any way for any damage to or loss of CLIENT's belongings or for any personal injury to CLIENT before, during or after the session.
CLIENT shall indemnify, defend and hold harmless PHOTOGRAPHER and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees arising out of or resulting from the performance of the work described in this Agreement.

6. This limitation on 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 PHOTOGRAPHER.

7. In the event that PHOTOGRAPHER fails to perform for any other reason, PHOTOGRAPHER shall not be liable for any amount in excess of the retail value of the CLIENT’s order.

8. Both parties agree to seek a third-party mediator or arbitrator for any disputes that arise as a result of this Agreement.

9. Creative License: Images are edited at the PHOTOGRAPHER’s discretion, and delivered prints may not include all images shot. PHOTOGRAPHER reserves the creative right to edit and release only those deemed creditable as professional in quality and within the PHOTOGRAPHER’s artistic standards. RAW files will not be released to CLIENT. Files that will be released will be in jpeg format.

10. Requested Photos: While PHOTOGRAPHER will make every reasonable effort to take photos that may be specifically requested by CLIENT, CLIENT understands that due the vagaries of the weather, available light, time restrictions, and willingness of subjects, PHOTOGRAPHER cannot possibly guarantee that requested photos will be taken and no specific pose or photograph can be promised and PHOTOGRAPHER will not be responsible for any missed moments. Due to the limited and subjective nature of the event PHOTOGRAPHER cannot be held responsible for requested photographs not taken, compromised, or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by location restrictions, the lateness of contracting parties, or other principles, or the rendering of decorations of the location. PHOTOGRAPHER is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. It is acknowledged that any requests submitted to PHOTOGRAPHER will be used for organizational purposes only and in no way represents photography that will actually be produced. PHOTOGRAPHER will do her best to fulfill all requests but can make no guarantees all images will be delivered. CLIENT is responsible for all location fees and permits

11. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.