EpicSkiesPhotography · Senior Portraits
Senior Portrait Services Agreement
This Senior Portrait Services Agreement ("Agreement") is entered into by and between EpicSkiesPhotography ("Photographer") and the client identified below ("Client"), collectively the "Parties," and governs the portrait session services described herein.
1.Scope of Services
Photographer agrees to provide one guided senior portrait session in accordance with the package selected by Client at the time of booking (the "Package"), including the session length, number of locations, and estimated number of edited images described in that Package. Every session includes personal planning support, a style and outfit guide, and natural posing direction; Client is encouraged to bring multiple outfits to vary the look of the delivered gallery. Any additional coverage, extra locations, or add-on services not included in the Package must be agreed to in writing and may be subject to an additional fee.
2.Retainer and Payment Terms
A retainer equal to thirty percent (30%) of the total Package price is due at the time of booking to reserve Client's session date. The retainer is fully earned upon payment and is non-refundable under any circumstances, including but not limited to cancellation, postponement, or rescheduling by Client, as it compensates Photographer for reserving the date and declining other engagements for that date.
The remaining balance of the Package price must be paid in full no later than three (3) days before the session date. If full payment of the remaining balance is not received by that deadline, Photographer reserves the right to treat this Agreement as canceled by Client and to decline to appear or perform any services on the session date, without any obligation to refund the retainer or any other amounts already paid. Acceptance of late payment in a particular instance does not waive this provision for any future instance.
All payments are processed through Photographer's designated payment providers. Client is responsible for any payment processing fees not otherwise absorbed by Photographer.
3.Cancellation and Rescheduling
Client may request to reschedule the session date, subject to Photographer's availability. Photographer will make commercially reasonable efforts to accommodate a single rescheduling request at no additional fee, provided the request is made in writing with reasonable advance notice, including for reasons of weather. The retainer paid under Section 2 will be applied to the new date and remains non-refundable.
If Client cancels the session or this Agreement for any reason, all amounts paid to that point are non-refundable, and any remaining balance under Section 2 that became due prior to the cancellation remains owed.
4.Session Location
Client may specify a preferred session location at the time of booking, or may elect to have Photographer choose a location suited to the desired style and season. Photographer is not responsible for location access restrictions, permit requirements, or fees imposed by a third-party property owner for a location specifically requested by Client.
5.Image Delivery
Photographer will deliver a private online gallery of edited, watermark-free digital images within the delivery window specified in the Package. Delivery timelines are estimates based on current workload and may vary during peak senior season; Photographer will communicate any expected delay in good faith. Raw, unedited images are not delivered under any circumstances and are not part of the deliverables owed to Client.
6.Copyright, Usage, and Model Release
Photographer retains full copyright and ownership of all images captured under this Agreement. Upon final payment in full, Client is granted a personal, non-exclusive, non-transferable license to download, print, and share the delivered images for personal, non-commercial use, including personal social media use with attribution where practicable. Client may not sell images, use them for commercial purposes, or claim copyright ownership.
Client (or, if the Senior is a minor, the undersigned parent or legal guardian) grants Photographer permission to use images from the session for Photographer's portfolio, website, social media, marketing materials, and competition or publication submissions, unless Client opts out of this permission in writing prior to the session date. An opt-out does not reduce the Package price or entitle Client to any discount.
7.Liability and Limitation of Liability
Photographer will exercise professional care in performing the services under this Agreement. However, photography is subject to circumstances outside Photographer's control, including location access, weather, and lighting conditions. Photographer's total liability for any claim arising out of this Agreement, including but not limited to equipment failure or data loss or corruption, is limited to a refund of amounts actually paid by Client under this Agreement, and Photographer shall not be liable for any incidental, consequential, or special damages.
In the unlikely event that Photographer is unable to attend or complete the session due to illness, accident, or other circumstance beyond Photographer's reasonable control, Photographer will offer Client the next available session date at no additional charge, or, if no mutually agreeable date can be found, a full refund of all amounts paid under this Agreement.
8.Force Majeure
Neither Party is liable for any failure or delay in performance caused by circumstances beyond that Party's reasonable control, including natural disaster, extreme weather, fire, pandemic or public health emergency, government order, or other event of force majeure. If the session itself is postponed or canceled due to such an event, the rescheduling terms of Section 3 apply.
9.Independent Contractor
Photographer is an independent contractor and not an employee, partner, or agent of Client. Nothing in this Agreement creates a joint venture, partnership, or employment relationship between the Parties.
10.Governing Law and Entire Agreement
This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles, and any dispute arising under this Agreement shall be brought exclusively in the state or federal courts located in Pennsylvania. This Agreement constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior discussions or understandings, whether written or oral. If any provision of this Agreement is held unenforceable, the remaining provisions remain in full force and effect.
11.Minor Consent
If the Senior is under eighteen (18) years of age as of the date of this Agreement, a parent or legal guardian must read, sign, and date this Agreement on the Senior's behalf, in addition to any signature by the Senior. The undersigned parent or legal guardian represents that they have legal authority to consent to this Agreement, the photo session, and the usage rights described in Section 6 on the Senior's behalf, and agrees to be personally responsible for all payment obligations under Section 2. If the Senior is eighteen (18) or older at the time of signing, this Section does not apply and only the Senior's own signature is required.
12.Acknowledgment
By signing below, each signing Party acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement, including the non-refundable retainer and full-payment-by-three-days-prior terms described in Section 2.