Description of services :

Photographer will photograph Client or Client's requested subject(s) , during the session with the understanding that Client desires that specific session.

Photographer will make a good faith effort to achieve Client's desired results . However , will maintain ultimate control over the session .Photographer will use the equipment that photographer finds appropriate , and will take the photographs that photographer finds appropriate. Client's desired results are limited by the terms of this agreement .

It is understood this Studio/Photographer is the exclusive photographer retained to perform services requested on this contract. Studio/Photographer may substitute another photographer to take the photographs in the event of Studio/Photographer's illness or of scheduling conflicts. In the event of such substitution

• 1. Studio\Photographer warrants that the photographer taking the photographs shall be a competent professional .

• 2. No part of any order , including previews , will be delivered until the balance is paid full .

• 3. The Studio/Photographer reserves the right to use images created under this contract , for advertising ,displaying , publication or other purposes. The Client signing this contract warrants that they have actual authority to agree to the use of likeness of all persons included in the portrait in this manner , and shall indemnify and defend the Studio/Photographer in the event of litigation arising out of such use. Negatives , digital files and previews remain the exclusive property of this Studio/Photographer.

• 4. This agreement between the Studio/Photographer and the Client permits a Shared Copyright agreement allowing Client to use the images delivered by the Studio/Photographer in any manner they please as long as proper credit is given to the Studio/Photographer. Client has the freedom for personal use only and not commercial use or re sell the product created by this Studio/Photographer.

• 5. Upon signature , the Studio/Photographer shall reserve the time and date agreed upon. Unless the Studio is able to fully replace the cancelled reservation , all sitting fees and deposits are non refundable. Even if the portrait is scheduled or cancelled for any other reason than inclement weather.

• 6. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the Studio/Photographer , photographer may elect to use an alternate location or to reschedule the portrait.

• 7. If the Studio/Photographer cannot perform this contract due to fire or other casualty, strike ,act of God or other cause beyond the control of the Parties ,or due to Photographer's illness or emergency , then the Photographer shall return any deposit or sitting fee to the Client , but shall have no further liability with respect to the contract . This limitation on liability shall also apply in the event that photographic materials are damaged in processing , lost through camera or media malfunction , or otherwise lost or damaged without fault on the part of the Photographer. In the event the Studio/Photographer fails to perform for any other reason , the Studio/Photographer shall not be liable for any amount in excess of the retail value of the Client's order.

  8. Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes , and Client releases Photographer from any liability for any claims whatsoever based upon fading due to such inherent qualities,(THIS SECTION REFERS TO PRINTS).

  9.The charges in this contract are based on the Studio/Photographer's Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed .

  10.This contract incorporates the entire understanding of the parties .Contract must be in writing and signed by both parties.

  No guarantee results :

  As stated in ''Description of Services'' of this Agreement , Photographer will make a good faith effort to achieve Client's desired results . However , photography is a subjective art form , and Client acknowledges that Photographer cannot and will not guarantee any particular results , including Client's desired results .

  Price :

  The service fee is due even if Client stops the Session before the end time established in the ''Basic Session Overview'' area of this Agreement.

  Deposit :

  A required retainer of 50% of the investment is due at the signing of this agreement or at another time as agreed by the Parties . The service fee , when due , will be reduced by the amount of the retainer . No photography will take place and no rights are granted until the retainer is paid in full . Photographer will not reserve the session date and time until paid the retainer in full .

  Payment :

  Once services are rendered , Client must pay the service fee by the day of the photoshoot.

  If the fee is not timely paid , Photographer may withhold Client's access to the photographic materials from the session . Also a late payment fee of 100$

  may apply , unless otherwise stated in the agreement.

  No Refunds :

  Upon both parties signing this Agreement, and upon Client furnishing Photographer with the agreed-to retainer , Photographer will reserve the session time and will not make another reservation for the specified time frame . For this reason , all retainers are non refundable if the session is cancelled or changed for any reason . Fees , once paid , are non refundable as well . Refunds will only be allowed as established by Part 8 of this Agreement. At a minimum , Client(s) agree(s) that the retainer fee , fairly compensates Photographer for committing to provide the Services and turning down other potential projects/clients . Any deposits paid are withheld, and if upon discussion the session has to be transferred, then the deposit stays safe, and goes towards the final amount of payment.

  In the event the Photographer cannot perform :

  In the event of the Photographer's foreseeable illness , conflict or inability to perform , Client agrees that Photographer cannot perform or the session does not take place , the Photographer shall return the deposit or sitting fee to the Client , and shall have no further liability with respect to the contract , or agree with the Client to reschedule to another available date .

  Exclusivity :

  It is understood and agreed that no other photographer will be allowed to photograph or take pictures during the Session while Photographer is working , unless otherwise agreed by the Parties in writing . This restriction applies to Client and any associates of Client and includes cell-phone cameras , computer cameras and their equivalents , unless upon agreeing by the Parties in writing that such material from self phone cameras and such , is only to be used as Behind-the-Scenes material sharing the name of the Photographer in such posts on Social Media.

  Limits Of Liability :

  If Photographer cannot perform this Agreement in whole or in part due to circumstances outside of the Parties ' control , such as sudden injury , illness , stolen/lost equipment , or acts of God , then Photographer will return all retainers to the Client(s) but shall have no further liability with respect to this Agreement . Photographer will also return all retainers and fees , but will not be liable for any other injuries , if photographic materials are damaged in processing , lost through camera malfunction , lost in the mail , or otherwise lost or damaged , rendering the photographic material unusable , without fault of the part of the Photographer . In no event , regardless the circumstances , shall Photographer be liable for consequential ,emotional , third-party , punitive or any other damages , including attorney's fees , resulting from Photographer's services or lack there of. Photographer shall only be liable up to the price of this Agreement .

  Photographer’s Style and Discretion :

  Client understands and agrees the Client is hiring Photographer to perform Photographer's services , in Photographer's own discretion and style . Client has no authority to control the manner in which Photographer takes photos . Client has no right to rescind this Agreement in any way if Client is not satisfied with Photographer's photography .

  Archiving Photographs :

  Photographer will archive digital files of all photos and videos taken for Client for up to 3 ( Three ) months . Photographer does not guarantee back-up photographs or videos, prints or data after this time .

  Restrictions on Use of Photography :

  All photos , videos and images taken by ELENI KOUVELOU PHOTOGRAPHY LLC , and/or his/her assistant , remain the sole, copyrighted , intellectual property of Photographer . ELENI KOUVELOU PHOTOGRAPHY LLC may reproduce , use and distribute the photos , videos and images , for any personal ,business , marketing or studio purposes . Client expressly agrees to release to ELENI KOUVELOU PHOTOGRAPHY LLC any personal or proprietary interest in the photographic materials that result from the session , and agrees that ELENI KOUVELOU PHOTOGRAPHY LLC may showcase , sell , or otherwise distribute photographic materials from the session , including those depicting Client .

  • Client shall not modify or otherwise alter Photographer's photographic materials .

  • Client is kindly requested to attribute Photographer when posting physically or in digital form , including on any social media website , blog or application .

  • Client shall never distribute , or make available for download or reproduction , any of Photographer's photos without written consent of Photographer .

  • Client shall not Commercially publish photos without Photographer's written consent, attribution to Photographer , and signed contract and payment for such use.

    Intellectuals Property Rights and Release :

    All photos , videos and images taken by ELENI KOUVELOU PHOTOGRAPHY LLC , and/or his/her assistant remain the sole , copyrighted intellectual property of photographer , even after full payment by Client and distribution to Client . Photographer may reproduce , use , sell and distribute the photos , for any personal , business , marketing and studio purpose . Client expressly agrees to release to Photographer any personal or proprietary interest in the photographic materials that result from the session , and agrees that Photographer may showcase , sell or otherwise distribute photographic materials from the session , including those depicting Client .

    The Copyright of footage , photographs , videos and images taken during the session , remains with the Photographer/Studio . The photographs , videos , images and footage , are only for personal use by the Client and Client's friends and relatives . Sale , Publication , or any Commercial Use of the photographs , videos , images and footage , are Not allowed without prior written permission from the Photographer/Studio .

    Model Release :

    The Client(s) grants the Photographer/Studio and its legal representatives , heirs and assigns , the irrevocable and unlimited consent to use the photographs , videos , images and footage taken from the session with Client(s) , for editorial , competition , advertising , sell , and any other purpose and in any manner , to alter the videos , photographs , images and footage without restriction and to copyright the products . The Clients(s) hereby release the Photographer/Studio and its legal representatives , heirs and assigns from all liability and claims in connection with the images , photographs , videos and footage taken on the Session .

    Artistic Release :

    Client has spent a satisfactory amount of time , reviewing Photographer's work and has a reasonable expectation that Photographer will perform the Services in a similar manner and style , unless otherwise specified in this Agreement .

    Consistency :

    Photographer will use reasonable efforts to ensure Client(s) desired Services in a style and manner consistent with Photographer's current Portfolio , and Photographer will try to incorporate any reasonable suggestion made by Client(s) . However , Client(s) understands and agrees that :

    • Every Client is different , with different tastes , budgets and needs .

    • Services are often a subjective art , and Photographer has a unique vision , with an ever revolving style and technique .

    • Photographer will use its artistic judgment when providing services for Client , which may not include strict adherence to Client's suggestions .

    • Although Photographer will use reasonable efforts to incorporate Client's suggestions and desires when providing Clients with the Services , Photographer shall have final say regarding the aesthetic judgment and artistic quality of the Services .

    • Dissatisfaction with Photographer's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement , or request of any money returned .

      Limit of Liability :

      Client agrees that the maximum amount of damages he/she/they are entitled to in any claim relating to this Agreement or Services provided in this Agreement , are not to exceed the Total Cost of Services provided by the Photographer/Studio.

      LOSS OF PRODUCT

      In the event that any or all the product(s) are lost , such as damaged to or loss of a component of the product necessary for final delivery , Photographer shall refund Client a pro rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

      INDEMNIFICATION WHEN WORKING WITH CLIENTS ON CLIENTS LOCATIONS

      Client agrees to indemnify , defend and hold harmless Photographer and its affiliates ,employees , agents and independent contractors , for any injury, property damage , liability ,claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client.

      Appropriate Conduct/Safe Work Environment :

      The Client(s) expressly agree(s) to take best efforts to provide (Photographer) and Photographer's staff with a safe and appropriate professional relationship . In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional , harassing language or behaviour to (Photographer's) staff , Photographer will make reasonable efforts to notify the Client(s) . If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time , (Photographer) shall resume to work in accordance with the original terms of the Agreement . If the inappropriate behaviour continues , the Client(s) will agree to relieve and hold (Photographer) harmless as a result of incomplete services under this Agreement , or for a lapse in the quality of the (Photographer's) work . The Client(s) shall be responsible for payment in full, regardless of whether the situation.

      Appropriate Conduct/Safe Work Environment for Client :

      The Photographer(s) expressly agree(s) that the Photographer's Studio is full with heavy equipment and cables , therefore Client(s) have been informed to be careful , and stay within the safe limits of the Photographer's Studio . The Photographer has made the best efforts to secure a safe and appropriate environment for the Client(s). The Client(s) herby agrees not to file a lawsuit against the Photographer if such injure occurs , that it is not to the fault of the Photographer or Photographer's Studio and Assistants . The Client(s) agrees that a notice was given from the Photographer and Photographer's assistants , upon the signing of both parties in this Agreement ,therefore Photographer cannot be hold liable for any of the Client(s) injuries . The Photographer and Client(s) agrees that the highest amount the will be paid if such incident occurs , will not be higher and exceed the cost of the services provided as stated in this Agreement .

      Cancellations/Rescheduling and No Shows :

      If Client(s) desires to cancel Services , or if it becomes impossible for Photographer/Studio to render Services due to fault of the Client(s) or parties related to Client(s) , such as failure of the (service) to occur , or failure of one or more essential parties to the (service)to show up in a timely manner , Client(s) shall provide notice to the Photographer/Studio as soon as possible via the Notice provisions detailed on this Agreement. Photographer/Studio has no obligation to attempt to re-book further Services to fill the void created by Client's cancellation , rescheduling , no-show or if it becomes impossible for Photographer/Studio to provide the Services due to the fault of Client(s) or parties related to Client(s) , and Photographer/Studio will not be obligated to refund any money Client(s) has/have previously paid towards the Total Cost . Client(s) is not relieved of any payment obligations for cancelled Services , rescheduled Services , failing to show up for the (service) ,or should it become impossible for the Photographer/Studio to provide the Services due to the fault of Client(s) or parties related to Client(s) , unless the Parties otherwise agree in writing . For instance, if Photographer/Studio is able to secure another , unrelated Client(s) for (event date) , then Photographer/Studio may choose , at its sole discretion , to excuse all or a portion of Client(s) outstanding balance of the Total Cost .

      Impossibility :

      Notwithstanding the above , either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party , such us , but not limited to :

    • A natural disaster ( fires , explosions , flooding , storms or infestation ) or

    • War , invasion , Act of Foreign enemies , Embargo , or other Hostility (whether declared or not ) or

    • Any hazardous situation created outside the control of either party , such as riot , disorder , nuclear leak or explosion , or act of threat of terrorism.

      Failure To Perform Services :

      In the event Photographer/Studio cannot or will not perform its obligations in any or all parts of this Agreement , it (or a responsible party) will :

    • Immediately give notice to Client(s) via Notice provisions detailed in this Agreement , and

    • Issue a refund or Credit based on a reasonably accurate percentage of Services rendered , and

    • Excuse Client(s) of any further performance and/or payment obligations in this Agreement .

      General Provisions :

      The Laws of Kansas City , KS , govern all matters arising out of or relating to this Agreement , including torts.

      SEVERABILITY

      If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force .

      NOTICE

      Parties shall provide effective Notice to each other , via either of the following methods of delivery at the Date and Time which the Notice is sent :

    • Photographer's /Studio email : elkouvelouphotography@gmail.com

    • Client(s) email :

      MERGER

      This Agreement Constitutes the final , exclusive Agreement between the parties related to the (service) , and Services contained in this Agreement . All earlier and contemporaneous negotiations and agreements between the parties , on the matters contained in this Agreement , are expressly merged into and superseded by this Agreement .

      AMEDMENT

      The parties may Amend this Agreement only by the Parties written consent via proper Notice .