Santa Experience 2021

1. Retainer, Payment & Cancellations. The Client shall make a $100 non-refundable but deposit to Wildflower Fine Art Portraits (Gable Photography, LLC) (herin refered to as "the Photographer") to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties. If Client cancels this agreement, or fails to show, the deposit shall be forfeited. 2. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. The Photographer retains the right of discretion in selecting the photographic materials released to the client. * 3. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release. 4. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online gallery proofing website or through an in-person ordering session. These proofs shall be available to the Client within __3__ weeks of the session. If an online proofing gallery delivered, it shall remain open for ___30__ days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a __$25__ un-archival fee shall apply. All print orders must be placed within __30___ calendar days of proof gallery delivery. No prints or negatives will be released until the agreement upon amount is paid in full. I understand that no photographic materials are included in my session fee retainer unless otherwise stated. I am aware that prints, digital files and other products are to be purchased separately upon proofing. 5. Indemnification & Failure to Perform. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited. Photographer will not offer re-shoots for reasons such as, but not limited to, clients poor choice of clothing or clothing malfunction; unhappiness with ones body and how it photographs; unhappiness with makeup or hair; individuals not smiling or participating; non-cooperation of clients including, but not limited to, tantrums, fits, crying or hostile behavior. Photography studio reserves the right to end session with no refund of any kind if client or any parties involved display harmful behavior. No re-shoots or refunds will be given for clients' displeasure or disapproval for, but not limited to, session styling of props, outfits, blanket or wrap colors, backdrops or accessories. Every effort is made to gather client's preferences prior to sessions. If clients do not offer guidance, photography studio will style the session as sees fit. Should clients bring any items to be included in their session, photography studio is not financially responsible for said items. Photography studio is not responsible for client's items if items are ruined or lost during session.The best efforts are made to keep these items in the condition they were in prior to session. However some items may experience wear and tear during use.

Wildflower Fine Art Portraits (Gable Photography, LLC) takes extreme measures to clean our studio and provide a safe place to photograph our subjects. With the recent outbreak of COVID-19 (Coronavirus) we will be continuing our studio cleaning processes as well as taking extra measures to ensure both your and our safety. We ensure all equipment, props, clothing will be steralized/washed prior to client use. Studio space shall be disinfected between each client. Photographer will not complete your session if exhibiging any flue-like symptoms. Client understands that the studio reserves the right to cancel or reschedule any session at any point in time due to COVID-19 implemented regulations, health concerns, possible exposure or arising symptoms of COVID-19 and is not liable for any costs accrued by the client (i.e. hair appointments, cakes, balloons, rentals) associated with my session. If studio cancells your appointment and is unable to reschedule, any session fees will be refunded. Client understands that client may be asked to wear masks during sessions, and are willing to do so. I confirm that myself and immediate family are not showing any of the following symptoms of COVID-19: -fever -dry cough -runny nose -sore throat -shortness of breath Upon signing below, I understand any liability of health or illness occuring during or after your session, including but not limited to COVID-19, shall not lie on the photographer. Client understands the risk and exposure, while limited, of flu or COVID-19 and other illness is not the fault of the photographer.