Ashley Connors Photography
Services Agreement

Also known as Terms of Service

Please read entire contract.

Should you have any questions or concerns, I am always available to chat: ashleyconnorsphotography@gmail.com. Please understand that because my business is a visual one and because my ability to find new business relies on my ability to share images, it's important that you are ok with me possibly using your images in my marketing. Your names and your kids' names will never be shared in any of my marketing. I will never tag you or reveal any identifying information and I always make sure to keep any questionable photos private — unless you give me explicit permission to share them.

1. Engagement of Photographer

Description of Services:

1.1 Services.

Subject to the terms set out herein, Client engages Photographer to provide, and

Photographer agrees to provide, the photography services described in this Section 1.1 (the “Services”).

Includes:

- Length of session as stated in your invoice

- An online gallery that is live for 1 month after delivery with at-least:

--8 watermarked & edited images for a 10-minute session

--15 watermarked & edited images for a 20-minute session

--30 watermarked & edited images for a full 60-minute session

--Elopements starting at 2 hours for $600

- You will get the option to buy additional photos if interested at $15/image

- All delivered pictures will be full-resolution digital files within 2 weeks of our photoshoot

- More than 2 sibling portraits can happen if you book children back-to-back

-If you would like additional photoshop edits beyond what is delivered, it will be an additional $10/image an you will be billed prior to making the edits.

2. Fees and Payment

2.1 Fees.

Client will pay Photographer the fees set out herein in this Section 2.1 (“Fees”), including any

applicable federal or state/provincial sales or value-added taxes due on such Fees.

Total Fee for Services: see invoice + tax

Retainer due upon signing: 100% of Session Fee (Non-Refundable) = see invoice + tax

If you would like additional photoshop edits beyond what is delivered, it will be an additional $10/image an you will be billed prior to making the edits.

2.2 Retainer.

Client acknowledges and agrees that the retainer amount set out above is due upon the signing

of this Agreement and is not refundable (“Retainer”), so as to fairly compensate Photographer for committing

his/her time to provide the Services and turning down other potential projects or clients. Both parties agree

that the Retainer will be credited towards the total Fees payable by Client.

2.3 Invoice.

Photographer will issue an invoice to Client upon agreement of the Services (“Invoice”). Client

agrees to pay all Fees outstanding on or prior to the due dates set out in Section 2.1. Any payment after the

due date will incur a late fee of 20% per month on the outstanding balance. Client acknowledges that the final

amount payable may be subject to change depending on the amount actual expenses incurred. Client

confirms and agrees that the final calculations provided in the Invoice, should they be different from the total

listed in Section 2.1, will be the final amount payable.

3. Client Responsibilities

3.1 Required Consents.

Client will ensure that all required consents, as applicable, have been obtained prior to

performance of the Services, including any consents required for the performance of Services and the

delivery of Work Product by Photographer and, as applicable, from venues or locales where the Services are to

be performed or from attendees or participants of the photo shoot.

3.2 Expenses.

Client will provide the means of travel or be responsible for reasonable travel expenses incurred

by Photographer that are necessary for the performance of the Services or travel that is otherwise requested

by Client where the location of the performance of the Services is not in the city of Austin. Client will be

responsible for any other expenses incurred by Photographer that are necessary for the performance of the

Services as more particularly set out in Article 2.

3.3 Waiver.

Client (on behalf of himself/herself and any other participant whose image or recording may be

captured by the Services) hereby waives all rights and claims, and releases Photographer from any claim or

cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of

Images pursuant to this Agreement.

4. Photographer Responsibilities

4.1 Equipment.

Client will not be required to supply any photography equipment to Photographer.

4.2 Manner of Service.

Photographer will ensure that the Services are performed in a good, expedient,

workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with Client’s

activities.

4.3 Photography Staff.

Photographer will, and will ensure that all Photography Staff (employees, assistants or

other parties engaged by Photographer to assist with the Services):

comply with the reasonable directions of Client from time to time regarding the safety of attendees or

participants at the photo shoot and applicable health, safety and security requirements of any locations

where the Services are provided;

ensure that Work Product meets the specifications set out in Section 1.1 in all material respects.

Photographer will be responsible in every respect for the actions of all Photography Staff.

5. Artistic Release

5.1 Consistency.

Photographer will use reasonable efforts to ensure that the Services are produced in a style

consistent with the Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with

Client and incorporate any reasonable suggestions.

5.2 Style.

Client acknowledges and agrees that:

Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that

Photographer will perform the Services in a similar style

Photographer will use its artistic judgement when providing the Services, and shall have final say

regarding the aesthetic judgement and artistic quality of the Services; and

Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for

termination of this Agreement or request of any monies returned.

6. Term and Termination

6.1 Term.

This Agreement will begin on the Effective Date and continue until the latter of (i) the date where all

outstanding Fees under this Agreement are paid in full; or (ii) the date where all final Work Product has been

delivered (“Term”).

6.2 Cancellation.

Client may terminate the Agreement (“Cancellation”) and/or reschedule the Services

(“Rescheduling”) by providing Photographer with written notice no later than 7 days before the original date of the Services (the “Minimum Notice”). Client acknowledges and agrees that Client is not relieved of any

payment obligations for Cancellations and Rescheduling unless the Minimum Notice in accordance with this

Article 6 is duly provided or unless the parties otherwise agree in writing.

6.3 Rescheduling.

In the event of Rescheduling, Photographer will use commercially reasonable efforts to

accommodate Client’s change. If Photographer is not able to accommodate Client’s change despite using

commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and that Photographer will be under no obligation to perform the Services other than on the original date of the Services.

6.4 No Refund.

Client acknowledges and agrees that Cancellation by Client will not result in a refund of any

fees paid on or prior to the date of Cancellation by Client.

6.5 Photographer cancellation.

In the event that Photographer is unable to perform the Services, Photographer, In the event that such consent is not obtained, Photographer shall terminate this Agreement and shall return the Retainer and all fees paid by Client, and thereafter shall have no further liability to Client.

7. Ownership of Work Product by Photographer

7.1 Ownership of Work.

Photographer will own all right, title and interest in all Work Product. Client (on behalf of

itself and any attendees or participants at the photo shoot) hereby grants Photographer and any of its service

providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any

materials created by Client or attendees, during the performance of the Services, that may be protected by

with the marketing, advertising or promotion of Photographer’s services, including in connection with

Photographer’s studio, portfolio, website or social media, in any format or medium. Client acknowledges and

affirms that no other person or entity has any rights that may prevent or restrict Photographer from using Client

Materials as provided herein.

7.2 Model Release:

The hereby grants Ashley Connors Photography and its legal representatives and assigns,

the irrevocable and unrestricted right to use and publish photographs of the client or in which the client may

be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the

same without restriction; and to copyright the same. The client hereby releases Ashley Connors Photography

and its legal representatives and assigns from all claims and liability relation to said photographs.

8. Limited License to Client

8.1 Personal Use.

Photographer hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-

transferable and non-sublicensable license to use Work Product for Client’s Personal Use, provided that Client

does not remove any attribution notices or copyright notices included by Photographer in any Work Product.

“Personal Use” includes, but is not limited to, use (i) of photos on Client’s personal social media pages or

profiles; (ii) in Client’s personal creations, such as scrapbooks, albums or personal gifts; (iii) in non-commercial

physical display; and (iv) in personal communications, such as family newsletter, email, or holiday card. Client

will not make any other use of the Work Product without Photographer’s prior written consent, including but

not limited to use of the Work Product for commercial sale.

8.2 Social Media Policy.

Client is free to share photos on any personal and business social media platforms.

Any photos shared that have been altered by “filters” or creative cropping will be a direct conflict of this

contract, and must be removed immediately. Tagging and communicating Ashley Connors Photography name is highly appreciated but not required.

9. Indemnity and Limitation of Liability

9.1 Indemnification.

Client agrees to indemnify, defend and hold harmless Photographer and its affiliates,

employees, agents and independent contractors for any injury, property damage, liability, claim or other cause

of action arising out of or related to the Services and or Work Product Photographer provides to Client.

9.2 Force Majeure.

Neither party shall be held in breach of or liable under this Agreement for any delay or

non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic,

earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force

Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a

period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists

for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and

any prepaid fees for Services not performed (other than the Retainer) shall be returned within 15 days of the

date of termination of the Agreement.

9.3 Failure to Deliver.

Photographer shall not be held liable for delays in the delivery of such Work Product, or

any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the

control of Photographer (including as a result of delays in receipt of instructions from Client) and for Work

Product that fails to meet the specifications set out in Section 1.1 due to the actions of Client or attendees or

participants at the photo shoot that are beyond the control of Photographer (e.g., camera flashes).

9.4 Maximum Liability.

Notwithstanding anything to the contrary, Client agrees that Photographer’s maximum

liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable

under this Agreement.

10. General

10.1 Notice.

Parties shall provide effective notice (“Notice”) to each other via either of the following methods of

delivery at the date and time which the Notice is sent:

Photographer’s Email: ashleyconnorsphotography@gmail.com

Photographer's Phone: Sent via official contract

10.2 Survival.

Articles 7, 8, 9 and 10 will survive termination of this Agreement.

10.3 Governing Law.

This Agreement will be governed by the laws of the state of Texas

10.4 Amendment.

This Agreement may only be amended, supplemented or otherwise modified by written

agreement signed by each of the parties.

10.5 Entire Agreement.

This Agreement constitutes the entire agreement between the parties with respect to

the Services and supersedes all prior agreements and understandings both formal and informal.

10.6 Severability.

If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in

whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be

severed from this Agreement and the remaining part of such provision and all other provisions will continue in

full force and effect.

Ashley Connors Photography Services Agreement