session agreement

Terms and Agreement

This agreement for photography services (“Agreement”) is made by and between Zo’e Cole dba Aloha Zo Photography ("Photographer(s)") and (Client Names stated below). 

1. PHOTOGRAPHY SERVICES.

Package specifications can be found here: https://www.alohazophoto.life/pricing

Photographer will supply the Photographs via digital files by uploading such files to a gallery for the Client to view and download such digital files.  Photographer will not supply hard copies or film negatives of the Photographs.  The date, time, and location of following sessions do not need to be decided at time of purchase. Travel fees will be applied subsequent to planning of following sessions at a rate of $.55 per mile. 

2. PARTIES & CONTACT INFORMATION.

Photographer: Zo’e Cole / Aloha Zo Photography

Address: San Clemente, CA

Email: hello@alohazophoto.life

Phone: 949.973.0450

Client Information added below.

3.PRICING.  Clients agree to pay to Photographer the below amounts as compensation for the photography services described at the link above:

Package 1 $275 + travel fee

Package 2 $325 + travel fee

Headshots 1- $300 + travel fee

Maternity Bundle $550 + travel fee

Milestones Bundle $500 + travel fee

A 25% booking fee is due on signing this Agreement, with the balance of the Price in good funds due before or on the date of the session.  The booking fee is deemed earned and non-refundable upon Client’s signing of this Agreement as compensation for Photographer(s) scheduling the photography dates specified above.  Client’s signed Agreement and payment of the booking fee are necessary to reserve the photography date(s) and photography services specified above, however, final payment no later than the session date, prior to the session time, is required to confirm the stated photography services.  If the final payment is not timely received, then the session shall be deemed to have been canceled, Photographers shall not be required to attend the session and provide the photography services, and the provisions of Section 8 are applicable.  

4. PRE-SESSION CONSULTATION: This normally happens at the time of booking. The Clients will outline broadly what is required and the Photographer will advise on planning, logistics and timing as needed.  In any case, Photographer will contact new Clients by phone a few days before the session to discuss details. 

5. COPYRIGHT LAW: The right, title and interest, if any, in and to the Photographs, including but not limited to all copyrights arising in any jurisdiction in the world, remains at all times with the Photographer. See Section 9 for usage agreement.

6. MODEL RELEASE: The Clients consent to and grant to the Photographers and its legal representatives, heirs and assigns or anyone authorized by Photographer (collectively, the “Releasees”), the irrevocable and unlimited, perpetual, right (but not the obligation) and consent, to own and use the photographs and images of the Clients and other individuals photographed during the session photography services performed (the “Photographs”) for editorial, competition, advertising, publicity, and any other purpose and in any manner, to alter the Photographs without restriction; to publish the Photographs in whatever media, and to affix copyright notices to such Photographs in any manner the Releasees may see fit and for any purpose whatsoever, all of the foregoing to be without limitation of any kind.   Clients hereby stipulate that the Photographs are the property of the Photographer and that neither Clients nor anyone else photographed will receive any compensation for the appearance or participation in the Photographs or Releasees’ use thereof.  Clients hereby release the Releasees from, and waive, any and all liability, claims, damages or obligations whatsoever in connection with the Photographs or any use thereof, including but not limited with respect to libel, slander, invasion of privacy, copyright or trademark violation, right of publicity, or false light arising out of or in connection with the use by the Releasees or another of the Photographs. This paragraph survives the termination or expiration of this Agreement.

7. LIMIT OF LIABILITY: If a photographer is too ill, becomes injured and cannot supply the services specified above, the Photographer will promptly notify Clients and will attempt to book a replacement photographer (and in such event Photographer will assign to the new photographer the amounts paid by Client to Photographer). If the Photographer is unavailable and a replacement photographer cannot be found, then all liability of Photographer, its legal representatives, heirs and assigns is limited to a refund of any payments received from Client.  Once the session is photographed, the Photographers have reasonable working methods in place to prevent loss or damage to your images. However, there is the possibility that images may be lost, stolen or destroyed for reasons beyond Photographer’s reasonable control. In any event, Photographer’s liability for all claims of Clients against Photographers, whether in contract or tort, is limited to the return of payments received from Client for the service or part thereof lost, damaged or destroyed, according to the percentage of images supplied.  Additionally, if storm, flood, other act of God, government, war or act of terrorism, or other matters beyond the reasonable control of either of the parties prevents or interferes with Photographer’s obligations to provide the event photography services, then all liability of Photographer, its legal representatives, heirs and assigns is limited to a refund of any payments received from Clients.  In any event, the parties agree that such damages would be impossible or impracticable to establish at the time that this Agreement is entered into and therefore the return of such payments received from Clients (or prorata payments if Photographs are lost, damaged or destroyed) is a reasonable approximation of the damages that Clients would suffer.  This paragraph specifies the sole and exclusive remedies for all claims of Clients against Photographers, whether in contract or tort, for failure of Photographer to provide the wedding photography services or the Photographs.  Neither party shall be liable for consequential, exemplary, special or punitive damages, regardless of whether a party has been notified of the possibility of the same.  This paragraph survives the termination or expiration of this Agreement.

8. BOOKING FEE/DEPOSIT: If the Clients cancel the session for whatever reason, Clients understand that Photographer will have reserved the date(s) and will have forgone other booking opportunities in reliance upon the reserved date(s).  If the Clients desire to delay or postpone the session, and Photographer is able, in Photographer’s sole and absolute discretion, to reschedule its services to the re-scheduled event date, then Photographer shall apply the booking fee to the re-scheduled date and all other terms and conditions of this Agreement will remain in place, however, the parties will amend this Agreement in writing to specify the new dates and location information mutually agreed upon.  If the locations are changed so that they are in excess of five (5) miles from the original locations, then the Price may be adjusted by Photographer as necessary.  Clients agree that the booking fee is non-refundable and is a reasonable approximation of the damages that Photographer will suffer in the event that Clients cancel the wedding or delay the wedding to a date which the Photographer is unable to accommodate.   The booking fee will be considered as liquidated damages to the Photographers as Photographers’ sole and exclusive remedy for Client’s canceling or rescheduling the wedding. This paragraph survives the termination or expiration of this Agreement.

9. USAGE AGREEMENT.  This agreement between Photographer and the Client is non-exclusive. The Photographer is free to enter into separate license agreements with third parties interested in using the same photographs. 

  • By this agreement, the Photographer allows the the Client to use, display, or publish images on any personal social media pages, websites, blogs, and/or partnering brand social media platforms. Further use beyond social media platforms must be given permission from directly from Zo’e Cole. The Client agrees to provide any social media pages or websites where the photos maybe used below.

  • The images may not be modified, distributed, or sold by anyone but Zo’e Cole—including, but not limited to modification via Adobe Photoshop, Lightroom, Instagram filters, VSCO etc.

  • Zo’e Cole remains the sole owner of the image’s copyright. No transfer of intellectual property is made by this agreement. The the Client agrees to credit Zo’e Fraley in a reasonable manner whenever the image is printed or displayed with this text: “copyright Zo’e Fraley”.

  • The Client will provide a link to Zo’e Cole’s website www.alohazophoto.life. Tagging of professional pages can suffice for credit on social media platforms [@aloha.zo.creates]

  • The Photographer allows the Client to print purchased images for personal use only. The Client is not permitted to use purchased images for any other marketing collateral without permission from Zo’e Cole.

10. MISCELLANEOUS.  This Agreement contains the entire understanding between the Clients and the Photographer and supersedes in its entirety all prior or contemporaneous understandings, agreements or discussions, whether oral or written.  This Agreement is governed by California law.  Any amendments to this Agreement must be in writing and signed by all parties. If Client is more than one person, then this Agreement applies joint and severally to Client(s).  This Agreement may be signed in any number of counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument.  This Agreement may be signed in ink originals and delivered by scanned emailed files.

We have understood the contents of this Agreement and agree to the terms and provisions hereof. 

Client Contact Information & ELECTRONIC SIGNATURE

Client Contact Information
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