AGREEMENT TERMS AND CONDITIONS:
• It is understood Shining Star Studios, "the Studio/Photographer" is the exclusive official photographer retained to perform the photographic services requested on this Contract.
• Upon signature, Shining Star Studios shall reserve the time and date agreed upon by the Client and the Studio/Photographer. Unless the Studio/Photographer is able to fully replace the cancelled reservation, all retainers are nonrefundable, even if the portrait is rescheduled or canceled for any reason.
• The Client hereby gives Shining Star Studios the absolute and irrevocable right and permission with respect to the photographs that the Studio/Photographer has taken of myself and/or my minor child:
a) To copyright the same in the the Studio/Photographer’s name or any other name;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
The Client hereby releases and discharges the Studio/Photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
• If, in the opinion of the Studio/Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the Studio/Photographer, the Studio/Photographer may elect to use an alternate location or to reschedule the portrait.
• No part of any order, including previews, will be delivered until the balance is paid in full.
• Shining Star Studios reserves the right to use images created under this contract for advertising, 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 in this manner and shall indemnify and defend the Studio/Photographer in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of this Studio/Photographer.
• Studio/Photographer may substitute another photographer to take the photographs in the event of Studio/Photographer’s illness or of scheduling conflicts. In the event of such substitution, Studio/Photographer warrants that the photographer taking the photographs shall be a competent professional.
• If the Studio/Photographer cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Studio/Photographer’s illness or emergency, then the Studio/Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Studio/Photographer In the event the Studio/Photographer fails to perform for any other reason, the Studio/Photographer shall not be liable for any amount in excess of all monies paid.
• Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases the Studio/Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
• The charges in this Contract are based on the Studio’s/Photographer’s 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.
• NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Studio’s/Photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
• This Contract incorporates the entire understanding of the parties and is governed by the laws of Greenville County, South Carolina. Any modifications of this Contract must be in writing and signed by both parties.