Introduction


1. “Agreement” means the following terms and conditions of this contract, agreed upon by the parties to this contract.

2. “Images” includes (1) all digital products and prints created; (2) images on Kelly J. Russo Photography website, blog, social media and in all media forms now known or hereafter devised; (3) digital files such as jpeg, .psd, and all other file formats.
3. “Photographer” refers to Kelly J. Russo Photography, LLC its organizers, principals, members, managers, agents, employees and representatives with an address of P.O. Box 139, Thompsons, TX, 77481.

Agreement

This Agreement constitutes a full and complete agreement between the parties. There are no oral or other agreements that supplement, modify, or supersede this Agreement. This Agreement describes the terms and conditions applicable to the services available by Kelly J. Russo Photography, LLC. This Agreement describes the client’s responsibilities and, among other things, limits the liability of Kelly J. Russo Photography, LLC.

Session Details

1. The Photo Package Fee is due when securing a session date. The fee is a non-re-fundable retainer payable to secure services with the Photographer. 

2.  Sessions may be rescheduled due to sickness, or when the Photographer feels that there are inadequate weather conditions. If you need to reschedule, please give the Photographer as much notice as possible.  

3.  Photographer reserves the right to reschedule private client sessions in the event of a scheduling conflict with a commercial client. All sessions will be re-scheduled within 60 days, as soon as possible. 

4.  Digital files will be ready for delivery approximately 2 weeks after date of the photo session.  
5.  Due to the custom nature of the artwork, all orders are final.  

6.  Images will not be delivered until all fees have been paid in full. There is a $30 fee for returned checks.  

7.  The Client is responsible for digital storage of all digital media purchased. Please back up your files on your computer as well as on cloud storage for maximum protection. Digital media does fail.

Limitation Of Liability
If Kelly J. Russo Photography, LLC cannot provide the images due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness or emergency, then the Photographer shall return any deposit or photo package 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, or otherwise lost or damaged without fault on the part of the Photographer. In the event Kelly J. Russo Photography, LLC fails to perform for any other reason, Kelly J. Russo Photography, LLC its organizers, principals, members, managers, agents, employees or representatives and/or Kelly J. Russo, individually, her heirs, administrators, executors, successors or assigns shall not be liable for any amount in excess of the retail value of the Client’s order.
By agreeing to this session client hereby releases, discharges, holds harmless and indemnifies Kelly J. Russo Photography, LLC its organizers, principals, members, managers, agents, employees and representatives and anyone one else acting on its behalf and Kelly J. Russo individually, her heirs, executors, administrators, successors and assigns from any and all claims, actions, suits, liabilities, and/or proceedings both in law and in equity that the client, clients pets, clients children, wards and/or the parents and/or guardians of the children or ward may have or will have in the future for any injury and/or damages arising from or in any way related to this session.

Use Of Images
The client shall not use the Images for profit or any other commercial purpose, nor shall the client knowingly give the Images to any persons who will use the Images for profit or any other commercial purpose. This includes, but is not limited to: entry into contests, sales to stock photography agencies, and publishing for advertising or profit in any form. Written permission must be obtained from Kelly J. Russo Photography, LLC if you wish to use images in a commercial manner.

For digital images, clients will receive a Copyright License Agreement from Kelly J. Russo Photography, LLC that will allow the client to reproduce and distribute all purchased digital images, so long as it is for their personal enjoyment. Clients may not utilize the images for commercial use, photo contests, or alter the image in any way other than cropping when printing.

Only images that have been resized for the web may be posted online. The client will receive a watermarked web file of each purchased image that can be used for online sharing.  

Notice Of Copyright
The Federal Copyright Law protects copyright. Kelly J. Russo Photography, LLC shall retain ownership of the copyright to 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 submission and use, advertising, or for display within or on the Photographer’s website and/or studio in all media forms now known or hereafter devised.  Kelly J. Russo Photography, LLC reserves the right to sell images for stock or commercial use, this does NOT apply to any image with a human adult or child. Images containing human subjects will not be used for stock or commercial use without your written permission.

It is illegal to scan, copy, or reproduce Kelly J. Russo Photography, LLC work in any manner and is punishable by law with fines starting at $150,000. Kelly J. Russo Photography, LLC goes to great lengths to provide top-quality, beautiful images that you are proud to display. Copying and scanning these images greatly reduce their beauty and quality. 

This Agreement qualifies as a model and property release for you, your pets, and your child(ren). By purchasing a photo package session, the client warrants that he or she has actual authority to agree to the use of the likeness of all persons and property included in the portrait in this manner and shall indemnify and defend Kelly J. Russo Photography, LLC in the event of litigation arising out of such use.

Model Release
This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners without restriction as to changes or alterations, for advertising, trade, promotion, exhibition or any other lawful purposes.

The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Kelly J. Russo Photography. Client waives any right to inspect or approve the photographs, finished versions incorporating the photographs or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs and assigns. The Client recognizes and agrees that the Photographer may reproduce, publish (including internet), exhibit and otherwise use images created without specific identification of persons or events as samples of work to be shown to prospective clients, for instructional purposes and as samples of work to be displayed for marketing or competition.

Arbitration
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

Severability
In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The laws of the state of Texas shall govern this Agreement.

 The client, hereby warrant that I am competent to contract in my own name. I confirm that I have read the herein agreement prior to its execution and I am fully familiar with the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.


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