Terms of Service

All photos and images taken by Photographer and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer. Photographer may reproduce, use and distribute the photos and images for any personal, business or marketing 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 or use any of the photographs including those depicting Client for the Photographer's business purposes. If you wish to keep photographs completely private, please make this clear to Photographer before your session.

Permitted Uses of Product(s).

Provider grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Lisa West Photography with attribution each time Client uses Provider's property. Personal use includes, but is not limited to, use within the following contexts:

In photos on Client’s personal social media pages or profiles; or
In personal creations, such as a scrapbook or personal gift; or
In personal communications, such as a family newsletter or email or holiday card.
If Client publishes any photographs online, Photographer will be credited as Lisa West Photography. The Client agrees not to alter the Photographer's work in any way as to keep any published photographs an accurate representation of Photographer's work, brand and style.

Description of Services
This agreement constitutes an order for portrait photography services, and any additional services outlined above in Package. It is agreed to by both parties, Photographer and Client, as described above. Client agrees to pay Total Amount by the Final Payment Due by date as defined above.

Entire Agreement
This is the entire agreement between Photographer and Client and supersedes all previous agreements. It cannot be altered without written consent of both Photographer and Client.

Limitation of Liability

Although all care will be taken with these photography services and the digital photographs taken, the Photographer limits any liability for loss, injury, death, inability to perform the photography services for any reason, failure to deliver images for any reason or any other types of damages to the return of all payments already paid to the Photographer up to Total Amount defined above.

Execution
Digitally signing this agreement has the same effect as manually signing a paper original.

Reservation & Reservation Fee
The Amount Due at Signing, as defined above, is a Reservation Fee. Upon receipt, the Photographer will reserve the time agreed upon for the Event Date and will not make another reservation for the agreed-upon time. For this reason, the Reservation Fee is non-refundable.

Cancellations/Postponements

If client requests to reschedule, or cancel, this agreement 8 or more calendar days before the session date, the retainer shall be applied to a mutually agreed upon rescheduled date. Cancellation within 7 days or less of the scheduled session will result in the retainer being forfeited, but the final payment will not be owed. Failure to show to the session will result in loss of both retainer and final payment.

Weather & Rain Dates

If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge. If unable to agree on a mutual date during your stay, you will receive your deposit in the form of a photo credit which can be applied to a future photo shoot.

Impossibility

Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within

days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of

days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

Failure to Perform Services

In the event Provider 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 via the Notice provisions detailed in this Agreement; and
Attempt to find another competent professional to take its place with the mutual agreement of Client(s);
If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will 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.

Appropriate Conduct/ Safe Working Environment
Health & Safety

Client(s) further understand that Lisa West Photography complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the [event/wedding/session] Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the Lisa West Photography to do anything illegal or unsafe. Further, Lisa West Photography will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Lisa West Photography reserves the right to end service coverage immediately and/or leave the [event/wedding/session]. Lisa West Photography shall be entitled to retain all monies paid and Client(s) agree to relieve and hold Lisa West Photography harmless as a result of incomplete event coverage, or for a lapse in the quality of the Lisa West Photography's work.