Photography Services Contract

PatiCav Photography: Patricia Cavagnaro
1. Scope of Services:
2. Payment and Fees:
*All payments are nonrefundable unless otherwise stated in writing
**Any balance unpaid after 5 days may incur a late fee of $15/day. 
3. Cancellation and Rescheduling:
a. Client cancellation within 4 days of the scheduled session may result in forfeiture of the remaining balance of the session. 
b. Rescheduling is subject to photographer availability but will not incur an additional fee
c. If scheduling in a paid location fee for the location will be added to the cost of the booking fee.  No exceptions. 
d. Photographer reserves the right to cancel due to illness, emergency, unsafe conditions, or circumstances beyond control. In such cases, liability is limited to a full refund of payments received.
4. Assumption of Risk:
Client understands and acknowledges that photography sessions may involve inherent risks, including but not limited to physical activity, environmental hazards, weather conditions, studio equipment, or interaction with props, animals, or other people.  Client voluntarily assumes all risks of injury, harm, or damage that may occur to Client or any participant during the session. 
5. Limitation of Liability (Ohio):
To the fullest extent permitted under the laws of the State of strongOhio/strong, Photographer shall not be held responsible or liable for any injury, illness, property damage, loss, or death/strong that may occur to Client or any participant, including minor children, before, during, or after the photography session.  Client understands that Ohio law allows contractual limitation of liability for ordinary negligence but does not permit limitation for willful or wanton misconduct. Photographer’s liability, if any, shall be strictly limited to the total amount paid under this Agreement.
6.  Release & Indemnification (Including Minors)
Client, on behalf of themselves, and any minor children or dependents participating, agrees to release, defend, indemnify, and hold harmless Photographer, their employees, contractors, and agents from any and all claims, demands, damages, actions, or causes of action arising out of or related to:
a. Participation in the photography session
b. injury, illness, property damage or death of any participant
c. Breach of this agreement by the Client or any participant associated with this Client
Client represents and warrants that they are the legal parent or guardian of any minor participants and have full authority to enter into this Agreement on their behalf. 
7. Model Release
Client grants Photographer the irrevocable right to use, publish, and display images for portfolio, website, social media, marketing, and promotional purposes unless otherwise stated in writing.
8. Copyright and Usage
All images remain the copyrighted property of Patricia Cavagnaro of PatiCav Photoghraphy. Client is granted a limited, non-transferable license for personal use only unless additional usage rights are purchased in writing.
9. Breach of Contract & Repercussions
If Client breaches this Agreement, including but not limited to non-payment, unauthorized image use, or failure to comply with session terms, Photographer may:
a. Terminate this agreement immediately
b. Retain all fees paid as liquidated damages
c. Pursue legal action for damages, lost income, , and enforcement costs
d. Seek injunctive relief to prevent unauthorized image use
Client agrees to be responsible for all reasonable legal fees and court costs incurred by Patricia Cavagnaro in enforcing this Agreement.
10.  Force Majeure
Photographer shall not be liable for failure to perform due to circumstances beyond reasonable control, including but not limited to acts of God, weather, natural disasters, government restrictions, or equipment failure. 
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio.
12. Entire Agreement 
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions or understandings. Any amendments must be in writing and signed by both parties.
13. Severability 
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
14. By signing below, client acknowledges that they have read, understood, and voluntarily agree to all terms and conditions of this Agreement.
 

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