This contract is a contractual agreement made between Etti Photography LLC/ dba Headshots Las Vegas (referred to hereafter as “COMPANY”) and the client (referred to hereafter as “Client”). In order to book the Photo Session you must agree to the terms and conditions that are set out below.

Services

• COMPANY agrees to reserve the scheduled session date, time and location to provide the CLIENT with the service of a Photo Session. Unlimited studio time is up-to 2 hours.
  

• Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this session. COMPANY is not responsible if key individuals fail to appear or cooperate during photo sessions or for missed images due to details not revealed to COMPANY.

• CLIENT warrants that he or she have the authority to enter into this contract on behalf of yourself, your company or your organization.

• COMPANY will take photographs of CLIENT and during the photo session(s) the CLIENT will view all of the pictures and choose his/her favorites (depends on the package/s they purchased). COMPANY will give CLIENT online access to a password-protected web gallery with the hand retouched digital images within 48 OR 24 business hours (depends on the package/s the CLIENT purchased) of the moment client chose his favorites. This will occur only if there is no outstanding payments.

• CLIENT understands and agrees that the COMPANY will deliver final retouched full-resolution images (depends on the images the CLIENT purchased) at 300 DPI via an online file transfer service/online gallery.

• COMPANY require 48 business hours notice for cancellation or changing a session time. There is a $175 fee for not showing up with less than 48 business hours notice and $250 fee for not showing up to a session with a makeup artist/hairstylist booked, with less than 48 business hours notice. Tips are non refundable.
  

Copyright and Licensing of Images

• CLIENT understands and agrees that COMPANY owns the copyright to all images and reserves all rights to them. COMPANY has unlimited worldwide rights to the images, all images are protected by United States Copyright Laws (USC Title 17).

• COMPANY grants to CLIENT usage rights for the number of final digital images (depends on the package/s the CLIENT purchased). This includes posting of images on client’s website, social media and for marketing purposes. Exceptions such as placement on products for sale and/or published books applies and may incur additional fees.

Payment

• CLIENT agrees to pay for the session/s in full by using the booking process. CLIENT understand there will be additional fees for additional services like image retouching, black & white images, prints etc.
  

Location & Fees

• If there are any costs/fees associated with the location the client has chosen for their session, you, the CLIENT, will be responsible for those fees.

Archive

• CLIENT assumes all responsibility for archiving and protecting the photos as were provided by COMPANY. All images will be available for downloading for one (1) month following client viewing date. After one (1) month, it is understood that the COMPANY is not necessarily keeping and or archiving any of the pictures provided and is not responsible for the lifespan of any digital file provided or for any future changes in technology that may lead to CLIENT’s inability to retrieve such files. COMPANY is not responsible for loss or damage to the digital files due to circumstances beyond the photographer’s control.

Limit of Liability

• If for any reason CLIENT is not entirely satisfied, please communicate with COMPANY immediately so the issue can be resolved. Re-shoots will be done at the sole discretion of COMPANY. If the CLIENT is still not satisfied with the Re-shoot the COMPANY will refund the money and the CLIENT will not allowed using the images in any form.

• In the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond COMPANY’s control, COMPANY’s liability is limited to scheduling a new session in order to complete services paid for. COMPANY is not responsible for refunding any fees or any other expenses or fees paid by CLIENT to any third party such as a makeup artist.

• CLIENT understands and agrees that the COMPANY is not responsible for or liable in any way for any damage to or loss of CLIENT’s belongings or for any personal injury to CLIENT before, during or after the session.

• CLIENT shall indemnify, defend and hold harmless COMPANY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees arising out of or resulting from the performance of the work described in this Agreement.

• If COMPANY is unable to perform any of the services offered above for any reason, including but not limited technical problems, COMPANY shall refund all money received to CLIENT and COMPANY shall have no further liability with respect to this agreement. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by CLIENT under this Agreement during the time preceding the date on which such liability arises.

Model Release:

• This contract serves as a model release giving the COMPANY the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The COMPANY can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Headshots Las Vegas by Ester (Etti) Mishal.

• CLIENT waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), 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 CLIENT, their legal representatives, heirs, and assigns.

Covid-19:

• Due to the outbreak of the novel Coronavirus (COVID-19), an extremely contagious virus that is believed to spread from person-to-person contact, As a result, federal, state, and local governments are recommending social distancing and preventative measures. We are taking extra precautions between sessions and enhanced sanitation/disinfection procedures in accordance with federal and state health safety guidance. For more guidance and on how to protect yourself and related risks, please visit: https://www.cdc.gov/coronavirus/2019-ncov/index.html.

• COMPANY are following enhanced procedures to prevent the spread of COVID-19; however the company cannot guarantee that you will not become infected with COVID-19. Further, attending a photoshoot could increase your risk of contracting COVID-19. In the event the COMPANY is requested to close the premises due too federal, state, and local governments orders, there will be no charge for re-schedules.

• As we take extra precautions, our team will not shake hands with clients and will not make physical contact to pose subjects to minimize physical contact.

• By signing this contract you agree to come to our appointment while you are feeling well and without any symptoms like: Fever, Fatigue, Cough, Shortness of Breath or Difficulty Breathing, New loss of taste or smell, Muscle pain, Sore Throat, Repeated shaking and chills etc. You also confirm none of your household is diagnosed with COVID-19 and have not knowingly been exposed to anyone diagnosed with COVID-19.