TERMS & CONDITIONS

-Session Deposit:
The deposit is due in its entire amount as a retainer at time of booking to hold the session date. Deposits fees may be paid via credit or debit card to John Pyle Photography.  All session deposits are non-refundable upon cancellation of the session. If the Client shall reschedule within ten(10) calendar days before the original session date, any retainer paid to the Photographer shall be transferred in its entirety to the newly agreed upon session date.  If the Client reschedules their session, it MUST be within four(4) weeks of the original session date. The client MUST call to reschedule the photography session if the client or subsequent photography subjects (children, other family members) is sick. You will be asked to reschedule your session if you come to the session with a sick child. Rescheduling due to sickness will not cause you to incur an additional sitting fee as long as the rescheduled time is within four)4) weeks of prior session. If the Client is late to the photography session for no more than 30 minutes, the Photographer will wait but will not extend the session time to compensate for the Client’s late arrival. If the Client is later then 30 minutes, the Photographer will leave the agreed upon meeting location and consider the session cancelled without any legal consequence or responsibility. The Photographer will not refund the session deposit in the instance that the client is later than 30 minutes. In order to reschedule, a new and full retainer will be required to secure the new session date.

-Client Direction & Responsibility.
The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer's direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order. 

- The remaining balance of the full session price less the deposit paid (with respect to the specific purchase session) is due AT THE SESSION. All edited images ORDERED are kept in the Photographer’s archive for 1 year from session date. Any technical malfunctions due to computer or hard drive failure and subsequent loss of archived digital images are not at the fault of the Photographer and he will not be held legally or financially responsible. All photographic materials, including but not limited to negatives, digital files, transparencies, proofs, original and finalized images and previews, shall be the exclusive property, of the Photographer. 

-This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Georgia.

-Copyright and Reproductions.
The Photographer shall own the copyright in/of all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. 

-Client Usage
The Client is obtaining prints and/or digital images for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for reproduction, Photographer authorizes Client to reproduce the print only as set forth under the Photographer’s Print Release form given to the Client when digital files are purchased. In such event, Client shall request that a credit for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so. 

-Print Orders & Delivery.
Any orders for prints, or other add­-ons and services not included in the package described above must be paid for at the time the order is placed. Charges for additional services other than those referred to in this contract are subject to rates current at the time they are ordered. Prints in addition to those described above will be ordered based on the Photographer's Standard Current Price List. In addition, the extra charges set forth below shall be billed if and when incurred. John Pyle works to complete all placed orders within eight (8) weeks. Client acknowledges that some phases of production are dependent on suppliers and outside contractors and may be subject to delay. Client agrees to pickup finished orders and satisfy all balances due within twenty­ one (21) days of being notified that the work is ready for pickup. 

-Interest Charges & Collection
Balances unpaid after thirty (30) days are subject to an interest charge of 2 percent (2%) per month. Each thirty (30) day statement of overdue balances is subject to a minimum charge of $10 in either interest or service charges. The Client agrees to pay any and all charges and expenses incurred in the collection of unpaid or past due balances including reasonable attorney's fees, expenses and expert witness fees. 

-RELEASE OF LIABILITY AND ASSUMED RISK
I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS ACTIVITY 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. I 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 John Pyle Photography 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) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, 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 kind which may hereafter occur to me including my traveling to and from this event, THE FOLLOWING ENTITIES OR PERSONS: John Pyle Photography, INC and/or their directors, officers, employees, volunteers, representatives, and agents, the event holders, activity or event sponsors, activity or event volunteers;

(B) I 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 John Pyle Photography, INC and their 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 John Pyle Photography, INC.

I acknowledge that this activity 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 activity or event. The accident waiver and release of liability shall be construed broadly to provide arelease and waiver to the maximum extent permissible under applicable law.

This contract is valid only on payment of the amounts specified above. Add­-on orders, upgrades or special services cannot and will not be delivered until the balance due is paid in full. Failure by Client to make payments as scheduled may be deemed a material breach of this agreement. In the event of material breach, the Studio, at its option, may cancel this agreement and be relieved from any further obligation of performance. *Orders on payment schedule are not eligible for a change/reduction in order once order is in place and additional contract is signed at your ordering session.