THIS CONTRACT AND RELEASE AND HOLD HARMLESS (“Contract”) is between the undersigned photographer, Audra Mitchell and Audra Mitchell Photography and her associates, assigns, heirs or agents (“Photographer”) and the undersigned Client, and/or the parent of legal guardian of the child/children to be photographed.
HOLD HARMLESS, WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury that exists while voluntarily participating in this Activity with Photographer (hereinafter the "Activity"); and
In consideration of Client's desire to participate in said Activity and being given the right to participate in same;
Client knowingly and voluntarily enter into this Contract and hereby waive any and all rights, claims or causes of action of any kind arising out of Client's participation in the Activity; and
Client hereby release and forever discharge Photographer, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns from any physical or psychological injury that Client may suffer as a direct result of Client's participation in the aforementioned Activity. Client also agrees to hold harmless the owners of venue and their assigns of any injury, damage, injury or trauma received at the venue.
TODDLERS & CHILDREN
If you are bringing your toddlers or small children to be photographed, please make sure they are supervised throughout the photography session and do not run around the venue or touch anything that they do not have permission to touch.
This Activity take place in the lower level of Photographer's home in Governor's Preserve Subdivision in Canton. There are tens of thousands of dollars of photographic equipment, sets, props and other (collectively referred to as "Equipment") items at the venue. Client agrees to reimburse Photographer for any damage to the Equipment, due to negligence in supervising toddlers and small children, and including Client, Client's children, spouse, family or other participants in the Activity.
NO PAPARAZZI OR SELFIE PHOTOGRAPHY AGREEMENT
Photographer does not allow Clients or other family members or friends to photograph over her shoulder or otherwise during the photography session. This is distracting to the Photographer, and only images taken by Photographer are allowed. Likewise, Client may not take selfies at the photo session. If the Client continues to take photos of the subject after being warned by the Photographer, the Photographer may end the photography session with no further notice and will retain the deposit and session fee.
This is a private, by appointment session. Client is purchasing an approximate 20 minute session at the photography venue. The session time includes the time that it may take to do outfit changes and pay for the session. There is no room for being late. If Client is late for the scheduled session time, Client may be photographed for the balance of time that is available during the scheduled session time. If Client shows up past the scheduled session time, and there is no more time left during the time that Photographer has contracted with Venue, Client forfeits their session fee and no refunds will be offered, nor no rescheduling allowed without paying for another session.
MODEL RELEASE AND ACKNOWLEDGMENT OF COPYRIGHT
Client understands that the Photographer is the copyright holder of any images resulting from the production and may want to exercise her rights to use any or part of the images from the production as advertisement or in a portfolio. Photographer agrees not to sell or otherwise distribute Client’s images, except as aforementioned for portfolio purposes.
Client understands that the images may be altered or modified in any manner by the Photographer. Client hereby waives any right that Client may have to inspect and approve a finished product or the copy that may be used in connection with an image that the Photographer has taken of Child/Children, or the use to which it may be applied.
Client further releases the Photographer and his/her direct or indirect licensees and assignees, from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the use of the images.
STATEMENT OF VOLUNTARY PARTICIPATION AND WAIVER
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.