This Agreement is between Mrs Smiths Photography (hereafter “Photographer”) and I, the client (hereafter “Client”).

Scope of Work; This Agreement is for services and products related to a photography session (hereafter “Session” or “The Session”). The Little Oak Studio and yourself, the Client, are to arrive for the Session at the discussed time at the chosen location. The Photographer agrees to provide proofs for you, the Client to view after the Session. The number of images in your gallery depends on the outcome of your session on the day and what can be captured. The Little Oak Studio will perform post-processing or digital image editing services on these photographs where artistically necessary. The Photographer will not provide the Client with Raw files or unedited images. The selection of images shown as proofs is strictly up to the Photographer.

Work Product; The Photographer will deliver proofs of photos to the Client no more than thirty (30) days after the date of the Session. The Client understands and agrees that proofs are the exclusive property of the Photographer and the Client has no right to these images except for a license to review them, but not to save or store them. All images delivered to the Client are licensed for the Client’s personal use only and may be printed using a company of their choice. Mrs Smiths Photography will not be responsible for poor-quality images printed through cheap labs. Copying, scanning, retouching, or reproducing images is strictly prohibited. Print-screening images from Websites or Social Media business pages is also against the law.  The Photographer must deliver photos in a reasonable amount of time after the Client has made a final order and payment has been received in full.

THE CLIENT (s) HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS PHOTO SESSION or event,  including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. The client (s) certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity or event. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the photography of the photo session or event in which I may participate and that it will govern my actions and responsibilities at said activity or event. In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: 
 

(A) THE CLIENT WAIVE, RELEASE, AND DISCHARGE from any and all liabilities, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft or actions of any kin which may hereafter occur to me including my traveling to and from the photo session. THE FOLLOWING ENTITIES OR PERSONS: Natalie Smiths from Mrs Smiths Photography or their representatives, and agents during the activity or during a photo session. 
 

(B)THE CLIENT INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence of release or otherwise. I acknowledge that Purdue University and its directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Mrs Smiths Photography. 


I acknowledge that this photo session or event may involve physical activity, and may carry with it the potential for death, serious injury, and property loss. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this photo session or event. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the photographer. The accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

The Photographer and the Client agree that the Photographer is under no obligation to capture any specific moment or pose or person(s) during the Session. For example, the Photographer has no liability for failing to capture the bride throwing the bouquet. The Client is encouraged to provide a suggested photo list to the Photographer no less than 24 hours prior to the Session to include the images that the Client would like the Photographer to shoot, but the Photographer has no liability for capturing any of the listed photos. 
 

The Client understands and agrees that the Photographer may have cords, light stands, and other gear and props at the location. The Client will hold the Photographer harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. If the Client agrees to hold the Photographer harmless for any personal injury which may occur as the Client poses or works with the Photographer. 

If the Photographer is unable to perform the services in this Agreement due to any cause outside its control, such as fire, flood, casualty, the act of God or terrorism, illness, or any other reasonable cause outside the Photographer’s control or expectation, the Client agrees to indemnify the Photographer for any loss damage or liability; however, the Photographer will return in full all payments made by the Client to the Photographer in relation to this Session. The Photographer has the right to reschedule a session due to poor weather conditions such as rain, wind, or being overcast causing poor lighting. 

The Client agrees to indemnify and hold harmless the Photographer for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technological failure. The Photographer will take reasonable steps to prevent such data loss but is not liable for loss of data due to technical failure. 

Model Release: In exchange for valid consideration, the Client grants permission to the Photographer and its assigns, licensees, and sub-licensees permission to use the Clients image or likeness in any and all forms of media for commercial purposes, advertising, trade or any and all other uses. Therefore, the Photographer may use the Clients likeness and images on the Photographers' website or other advertising. The Photographer may allow the use of images containing the Clients likeness to third parties. 

Duty of Client: The Client will obtain all permissions required for the Photographer to photograph at the Session. The Photographer has no duty to obtain the permission of parks, properties, or other locations to operate thereon. The Client understands and agrees that any failure to obtain these permissions resulting in fines to the Photographer or which prevent the Photographer from photographing the event(s) is not the fault, liability or responsibility of the Photographer. 


THE CLIENT (S) CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.


PARENT / GUARDIAN WAIVER FOR MINORS (Under 18 years old)
The undersigned parent and natural guardian does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child or ward’s participation in the activity or event, and has agreed individually and on behalf of the child or ward, to the terms of the accident waiver and release of liability set forth above. The undersigned parent or guardian further agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.

By paying your deposit/session fee and/or selecting a date in the Mrs Smiths Photography calendar you agree to the terms and conditions of this Agreement.