This Portrait Photography Agreement (herein the "Agreement") is made TODAY by and between ASHLEIGH TAYLOR PORTRAIT (herein "Photographer") and you, the payee on this checkout page, (herein "Client" and together with Photographer, the "Parties" and each a "Party") for photography services scheduled for {{primary_session.start_date}} (herein the "Session").

DESCRIPTION OF SERVICES

Photographer agrees to provide the following photography services (herein the "Services") for Client:

PHOTOGRAPHY SITTING:

-ONE TO ONE AND A HALF (1-1.5) HOURS OF PROFESSIONAL HAIR AND MAKE UP AT ASHLEIGH TAYLOR STUDIO - 1129 STATE ST #30A SANTA BARBARA CA 93110

-ONE AND A HALF (1.5) HOURS PHOTOGRAPHY TIME AT ASHLEIGH TAYLOR STUDIO - 1129 STATE ST #30A SANTA BARBARA CA 93110

TOTAL IN STUDIO TIME: 3 HOURS

-UP TO FOUR (4) OUTFIT CHANGES

-PRE-SHOOT CONSULTATION SCHEDULED AT LEAST 2 WEEKS PRIOR TO SHOOT (REQUIRED- in studio or by phone for long distance clients)

-IN PERSON ORDERING SESSION APPROXIMATElY 10 BUSINESS DAYS AFTER SHOOT DATE (REQUIRED - if client lives more than 25 mile radius outside Santa Barbara a Zoom video conferencing session will be arranged)

-ONE COMPLIMENTARY IMAGE (5X7 PRINT ON 8X10 MAT AND CORRESPONDING DIGITAL FILE - A $499 VALUE) OR A $499 PRINT CREDIT TOWARDS A LARGER PACKAGE

-ONE COMPLIMENTARY TICKET to 50 over 50 Portrait Exhibition & Celebration (Date & location TBD)

TOTAL: $499 - PAID ON SIGNING

RETAINER: $499 - PAID ON SIGNING

Additional Services & Products: Any additional hours of photography or additional products such as albums/books and extra prints/images not set forth above may be added for an additional fee. Additional hair & makeup for women/girls over age fourteen is $150 per person and may be added to your shoot upon request (we need at least 2 weeks notice to arrange).

Hair and Makeup Services: Client is required to fill out beauty questionnaire so the hair/make up team can prepare appropriately for session. Hair/Make Up artist is provided by the Photographer and client cannot choose/request specific artists. Client must notify the artist and the Photographer of their specific requests (example: please don't fill my eyebrows, please don't use false eyelashes, etc), as well as potential allergies and skin problems. The Studio/Photographer/Hair & Make Up Artists always use clean/sterile brushes and high quality make up that should not be harsh on Client's skin & eyes. The Studio/Photographer cannot be held responsible for any allergic reactions or outbreaks that may be related to hair or make up. Client must also notify artist and the Photographer if Client is unhappy with results prior to beginning photography. All effort will be made to fix hair and make up to the client's liking. Should the results be un-fixable without complete showering/changing, please notify us ASAP and we will happily reschedule your session. The Photographer makes every effort to ensure our clients love their professional hair and make up results, but understands this can be a sensitive and particular aspect of the shoot for some Clients. Being upfront and honest with communication through the whole process leads to best results.

FEES & PAYMENT

The total fee (herein the "Fee") for the Services described above is four hundred ninety nine dollars ($499.00). A non-refundable retainer fee (herein "Retainer Fee") of four hundred ninety nine dollars ($499.00) is required upon the signing of this Agreement, and Client's Session date will not be reserved until both this signed Agreement and the Retainer Fee are received by Photographer Additional services and products ordered by Client must be paid in full at the time of request unless specific payment plan has been arranged with the Photographer. No images or other deliverables shall be given to Client until any outstanding balance is paid by Client.

Payments shall be made via cash, venmo or credit/debit card.

Shipping & Other Expenses: If client needs any prints or products shipped to them, shipping fees will apply to your order.

Pricing Guarantee: Photographer guarantees all product pricing (albums, prints, etc.) from the date this Agreement is signed until thirty (30) days after Client receives image proofs. Any orders placed thirty (30) days or more after receipt of proofs are subject to Photographer's then-current pricing.

TIMELINESS, CANCELLATION, RESCHEDULING & NO-SHOWS

Scheduling: Session must be scheduled on a weekday. Session must be scheduled within 9 months of paying retainer fee. If session is not scheduled and doesn't take place within 9 months of paying the retainer fee, Client forfeits retainer.

Timeliness: Client should arrive at the pre-determined Session location [1129 State St #30A] no less than fifteen (15) minutes prior to the start time of Client's Session. If Client arrives late or is not ready at the Session start time, no additional time will be added to the Session unless additional time is booked by Client at the rate of two hundred dollars ($200.00) per hour, in increments of thirty (30) minutes, subject to Photographer's schedule availability to extend the Session, this fee accounts for the additional time the Photographer must pay the Hair & MakeUp team as well as extra time on the photographers end. Sometimes the Photographer will have a shoot scheduled in the time-slot after Client's session and will not be able to extend the session (even for an extra fee) if the Client is late. If Client is more than forty-five (45) minutes late, the Session will not be photographed and the full Retainer Fee shall be retained by Photographer.


Cancellation, Rescheduling & No-shows: If Client wishes to cancel the Session for any reason, Photographer shall be entitled to retain the full Retainer Fee. Should Client wish to reschedule the Session for any reason (other than inclement weather if shoot was slated to be outdoors or force majeure events as specified in Section 14(a) herein), a minimum of seven (7) days notice must be given to Photographer, and the rescheduled session date is subject to Photographer's availability and must take place no later than thirty (30) days from the original Session date. If the Client gives more than seven (7) days notice of rescheduling they are allowed one reschedule without a fee. If the Client reschedules more than once OR wishes to reschedule less than 7 days out from their shoot date a rescheduling fee of two hundred fifty ($250) dollars will apply. These rescheduling policies are in place due to the fact that the Photographer has to book and pay retainer fees to our hair and makeup team as soon as The Client's session is booked, and the Photographer has to also pay the hair & makeup artist rescheduling fees as compensation for time held and work lost. There shall be no refunds of Client's Retainer Fees. Should Client no-show on the Session date, the balance of the retainer/booking Fee shall be due to Photographer.

Sessions being held outdoors are subject to rescheduling due to weather conditions at the discretion of Photographer. The rescheduled Session date is subject to Photographer's availability and must take place no later than thirty (30) days from the original Session date.

There shall be no rescheduling/reshooting of any Session due to factors outside of the control of Photographer (other than inclement weather and force majeure events as specified in Section 14(a) herein), including, but not limited to, Client's failure to cooperate, poor lighting conditions, obstructions in backgrounds, interference by third parties, location/venue restrictions.

ADDITIONAL CLIENT RESPONSIBILITIES & UNDERSTANDINGS

Client is responsible for obtaining all relevant permits and/or permissions in connection with Session locations and venues (applicable only if shoot is not held at Ashleigh Taylor Studio). Client understands and agrees that Photographer is bound by the rules and regulations of Session locations and venues.

Client is responsible for providing all props, décor, wardrobe/attire and other details in connection with the Session.

Outfit changes must be within reason (no more than two (2) outfit changes per each hour of photography) and the time used to change outfits, touch up hair and makeup, arrange props, etc. is part of the overall Session time allotted to Client.

Client is responsible for informing Photographer of any relevant date requirements for the delivery of products (albums, prints, etc.); requested dates that are sooner than Photographer's standard turnaround times will require additional rush fees based upon the timing and product specifications.

PROOFS

Client will be required to attend an in-person viewing session to view and choose images for purchase. Images will not be posted to an online gallery for proofing. All ordering decisions must be made at the time of the in-person viewing session. All orders made at the session are final. The proofs that the client will view are unretouched, and retouching will happen only on images ordered and purchased by client. Retouching includes skin smoothing, flyaway hair removal, backdrop clean up, light body contouring.

Viewing/Ordering sessions are required to be held within two weeks of the photo session. Should Client live more than twenty five (25) miles outside of Santa Barbara, a zoom video conferencing viewing session can be done within two weeks of the shoot date. If client does not schedule a viewing session with six (6) weeks of the shoot, the images will not be kept by the Photographer.

ALBUMS & OTHER PRODUCTS

If an album is ordered, Client must have their album(s) completed within one (1) month from the date of the Session. Completion of the album(s) any time following this deadline will require payment by Client of a reactivation fee equal to ten percent (10%) of the Fee for the album(s).

Photographer reserves the right to refuse the design and production of any albums requested more than six( 6) weeks following Client's Session.

Album delivery is generally made within one (1) months following Client's approval of the album design, subject to the schedules of third-party manufacturers and suppliers.

One round of edits is included with albums; additional editing shall incur fees at the rate of one hundred fifty dollars ($150.00) per hour.

Client must sign off on the album design(s) and pay all balances due in full prior to delivery of the final product by Photographer.

In the event that the style of album(s) or other product(s) purchased are no longer available from the supplier, an item of like quality and similar style may be substituted.

Client is responsible for picking up completed orders (albums, prints, etc.) within fourteen (14) days of notification of completion by Photographer, or must make arrangements for shipping (with all shipping fees paid by Client). Photographer shall not be responsible for orders left in Photographer's offices more than ninety (90) days after notification of completion and Photographer may, at its discretion, send any completed order to the last known address of Client, whether or not Client responds to the notification of completion. It is Client's responsibility to keep Photographer apprised of any mailing address changes.

Client must inform Photographer of any errors or defects with the product order within two (2) days after delivery or pickup of the order.

EDITING AND RETOUCHING

Basic professional image manipulation will be included in Photographer's Services, such as adjustments to the color and exposure of the images and the softening of lines and wrinkles, softening of cellulite and stretch marks, slight slimming of arms/waist if necessary (and if requested by Client), but there will be no other editing or retouching applied to the images unless specified above in Client's Description of Services. Photographer is granted total artistic control over the final images. Any requested additional editing and retouching is within the discretion of Photographer, and if agreed to by Photographer, will be billed at the rate of one hundred dollars ($100) per hour. Client shall not make any adjustments to the images herself, including, but not limited to, changing colors/tones, cropping, adding textures and/or changing the image from color to black and white.

EXCLUSIVITY AND PRIORITY

Client understands and agrees that there shall be no other photographer (professional or amateur) photographing during the Session, which includes the use of camera phones, iPads and similar devices. Session participants and guests observing the Session shall not interfere with Photographer's performance of Services.

CREATIVE LICENSE; IMAGE REQUESTS

Client understands and agrees that Photographer is being hired to provide an artistic service and that art is inherently subjective. Client understands and agrees that usable/acceptable images are defined as in-focus photographs, properly exposed so that you can see highlights and shadow detail, with believable flesh tones. Photographer reserves the creative license and right to edit and release only those photographs deemed as professional in quality and within Photographer's artistic standards. Client is encouraged to provide a list of requests with the understanding that no photographs are guaranteed. This includes, but is not limited to, specific poses, specific locations and choice of color vs. black and white. Lists provided by Client will act as an organizational and suggestive tool only. No specific number of images is guaranteed.

COPYRIGHT AND IMAGE RELEASE

Photographer shall retain ownership of the copyright to any photographs produced by Photographer pursuant to Federal Copyright Law, which states that copyright ownership of images rests with the creator. The digital files, prints and albums/books may be used by Client for personal use only and Client may not sell or convey this license or otherwise transfer these images or rights to any third party without the express prior written permission of Photographer. This includes publication of the images in magazines, newspapers, books, blogs or websites, whether or not compensation is received by Client. If Client has purchased high-resolution images, Client will be granted a print release for creating prints for personal use only. Client may use the images on personal websites and social media so long as a copyright notice appears near the images, stating that the images were created by ASHLEIGH TAYLOR PHOTOGRAPHY.

Client agrees that Photographer may use images from the Session for display, advertising, Photographer's website and blog and any other means of promotion of Photographer's business, subject to the selections made by Client below (Client will make these decisions at the ordering session). Client waives any right to payment, royalties or any other consideration for the use of the images. Client waives the right to inspect or approve the finished product wherein Client's likeness appears. Photographer is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, her heirs, representatives, executors, administrators, or any other persons acting on Client's behalf may have by reason of this authorization.


INCAPACITATION OF PHOTOGRAPHER

If the assigned photographer for Client's Session should become materially or physically incapacitated, prohibiting them from performing the Services, such as due to serious illness, injury, emergency or unexpected causes beyond the control of Photographer, Photographer shall locate a replacement photographer of similar quality and experience or Client will be given the option of rescheduling the Session date (subject to the assigned photographer's ability to perform the Services on a new date). In the unlikely event that Photographer is unable to secure a replacement, or should Client reject the substitute photographer or decline to reschedule with Photographer, Client agrees that Photographer' responsibility and liability is limited to the return to Client of all unearned fees paid to date by Client.

LIMITATION OF LIABILITY & INDEMNIFICATION

Client agrees that, to the fullest extent permitted by law, Photographer's maximum total liability for any claims, breaches or damages by reason of any act or omission, including breach of contract or negligence, shall be limited to the amount of Fees paid by Client. In the unlikely event that images or data on media have been lost, stolen, or destroyed for any reason, Client agrees that the limit of Photographer's liability for a partial loss of original files shall be a prorated amount calculated based upon the percentage of original files lost in relation to the total number of original files. Client agrees that, to the fullest extent permitted by law, Photographer shall not be liable for any claims for emotional distress, mental anguish, punitive damages, consequential damages, lost profits, loss of enjoyment, lost revenues and/or replacement costs.

Client agrees to indemnify, defend and hold harmless Photographer and its employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Client's Session unless caused by the gross negligence or willful misconduct of Photographer. Client understands and agrees that these limitations reflect a fair allocation of risk and that Photographer would not enter into this Agreement without these indemnification requirements and limitations on its liability.

IMAGE FILES & TECHNOLOGY:

After release of the image files and/or ordered products to Client, Photographer will no longer be responsible for the archiving and storing of any proofs and files in connection with Client's Session, and Client is fully responsible for the safe-keeping of all proofs, digital negatives, prints and albums. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided, and it is Client's responsibility to ensure that digital files are copied to new media as necessary. Client acknowledges that products containing paper and inks may degrade over time, and hereby releases Photographer from any liability or claims based upon such degradation.

ADDITIONAL PROVISIONS

Force Majeure: No Party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the Party whose performance is affected. Should the Session be cancelled, postponed or otherwise adversely impacted as a result of a force majeure event, there shall be no refunds for Retainer Fees and payments already received by Photographer, but Photographer will use all reasonable efforts to work with Client to photograph the Session at a later date if necessary, subject to Photographer's availability.

Entire Agreement: This Agreement constitutes the entire agreement between the Parties, and supersedes all prior agreements whether oral or written concerning the subject matter of this Agreement. Except as expressly stated in this Agreement, Photographer has made no representation to Client with respect to the subject matter of this Agreement, and Photographer has made no representation that has induced Client's execution and delivery of this Agreement.

Modifications: Any modification or amendment to this Agreement requires the mutual consent of the Parties and must be in writing and signed by the Parties.

No Implied Waiver: The failure of any Party to require strict compliance with the performance of any obligations and/or conditions of this Agreement shall not be deemed a waiver of that Party's right to require strict compliance in the future, or construed as consent to any breach of the terms of the Agreement.

Controlling Law; Jurisdiction: The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the state of California and the Parties expressly agree that any dispute requiring resolution by a court shall be subject to the exclusive venue and jurisdiction of the state and federal courts located in SANTA BARBARA County, California.

Dispute Resolution: Any dispute or claim arising under or in any way related to this Agreement, with the exception of recovery by Photographer of any unpaid fees from Client (which may be recovered or collected by Photographer via collections, small claims court, or any legal remedy available to Photographer) or any claim within the jurisdiction of California Small Claims Court, shall be submitted to binding arbitration. The Parties shall select a single arbitrator, and the arbitration shall take place in SANTA BARBARA County, California. The arbitrator's decision shall be binding on the Parties and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The prevailing Party in any arbitration, trial or other proceeding related to claims and disputes arising out of this Agreement shall be awarded all filing fees, related administrative costs and reasonable attorneys' fees. Administrative and other costs of enforcing an arbitration award or judgment, including the costs of subpoenas, depositions, transcripts, witness fees, payment of reasonable attorneys' fees, and similar costs, will be due to the prevailing Party.

Counterparts; Signature: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and which collectively shall constitute one Agreement. Use of fax, email and electronic signatures shall have the same force and effect as an original signature.

Severability: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.

Headings: The headings contained in this Agreement are strictly for convenience, and shall not be used to construe meaning or intent.

THE PARTIES UNDERSTAND AND EXPRESSLY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH ABOVE.