terms + conditions
1. SESSION FEE AND PAYMENT. The Client shall pay Megan Marie Hickey (the Photographer) to perform the services specified herein. Payment is due at the time of the photographic session agreed upon by both parties. This date and time is reserved by the Photographer specifically for the Client and is secured by payment of the session fee. The session fee is payment for the photographic session, photographer talent, standard post-editing of photos, and a flashdrive or disc that includes all edited photographs. No additional products, reshoots, or re-editing of images is included.
2. CANCELLATION. If Client requests to amend or cancel this Agreement 24 hours or more before the session date, this contract shall be terminated immediately, and shall relieve the Photographer from performing any services under this Agreement. If Client cancels this agreement the day of the scheduled session date, or fails to show for scheduled session date and time, the session fee must still be paid in full.
3. RESCHEDULING/LATE ARRIVALS. In the event that the Client requests to reschedule a session, the session fee shall be applied to one (1) rescheduled session of the same value, if notice is given at least 24 hours prior to the scheduled event. Rescheduling must be within the same calendar year on a date and time agreed upon by both parties. Any Client that is late arriving to the session may, at the Photographer’s discretion, have that amount of time deducted from the time allotted for the session due to the Photographer’s available schedule, without further compensation.
4. COMPLETION SCHEDULE. Digital photographs from the session are generally available two weeks from the date of the session. If the client places further orders for prints or other physical products, please allow 2-4 weeks from the order date for the completion and delivery of product order. The Photographer shall not be held responsible for delivery delays.
5. COPYRIGHT AND REPRODUCTIONS. The Photographer retains the right of discretion in selecting photographs released to the client. The photographs from this session are the copyrighted work of the Photographer and Megan Marie Photography, and shall at all times remain the property of Photographer. The Photographer shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, both online in the form of social media posts and website portfolios, and offline.
6. MODEL RELEASE. Client shall permit the Photographer to use images of Client from this session for display, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents. Other participants in Client’s photos shall be deemed to have consented to the use of their name, image, or likeness by Client and Photographer for the duration of the photographic session, and Client shall defend and indemnify the Photographer from and against any of the claims that any participants, including but not limited to Client’s children or spouse, may assert against the Photographer arising from, or related to, the use of any name, image, or likeness of all participants during this photographic session.
7. CLIENT’S USAGE. Any photographs delivered to the Client are for Client’s personal use only. Client may not sell or reproduce, nor authorize the sale or reproduction of, any photographs from this session without the Photographer’s written consent.
8. SOCIAL MEDIA. The Client may post photographs freely on any social media platform, but must “tag” Megan Marie Photography in posted photographs when applicable.
9. FAILURE TO PERFORM. If the Photographer is unable to perform this agreement due to inclement weather, illness, emergency, act of God, or causes beyond the Photographer’s control, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, this contract shall be terminated immediately, and shall relieve the Photographer from performing any services under this Agreement, and the Client from the session fee. Furthermore, if the Photographer is unable to deliver photographs from this session due to technological malfunctions, included but not limited to camera and computer issues, or otherwise lost or damaged equipment or files, liability of the Photographer shall be limited to a refund of the session fee.
10. INDEMNIFICATION. The Photographer shall not be held accountable for any and all injury to the Client, their family, and/or any other participants during the course of the photographic session and immediately surrounding events. This is not limited to any incident on any property owned or occupied by the Photographer or Megan Marie Photography.
11. MISCELLANY. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must in writing and signed by both parties. This Agreement shall be construed according to the laws of the State of Nevada. Client acknowledges that this Agreement was entered into (Clark/Washoe) County, Nevada and that at least a substantial portion of this Agreement will be performed in Nevada, and that the proper venue for any legal action related to this Agreement is in the Superior Courts of the County of (Clark/Washoe) County, Nevada.
12. ATTORNEY’S FEES. If either party to this Agreement brings a legal action against the other party to secure the specific performance of this contract, collect damages for breach of this contract, or otherwise enforce or interpret this contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded in court.
13. SEVERABILITY. The provisions of this Agreement shall be severable and the invalidity, illegality or unenforceability of any provision of this Agreement shall not affect, impair or render unenforceable this Agreement or any other provision hereof, all of which shall remain in full force and effect. If any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, but such provision may be made enforceable by a limitation or reduction of its scope, the Parties agree to abide by such limitation or reduction as may be necessary so that said provision shall be enforceable to the fullest extent permitted by law.
14. HEADINGS. The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of this Agreement.