Cooperation: The parties agree to cheerful cooperation and communication. Mary-Keeley McAllister Photography is not responsible for a poor outcome if individuals fail to cooperate during photography sessions. Sessions will start on time so it is encouraged that you arrive early.
Payment Schedule: The Session Fee is due at time of signing this agreement. This is NON-REFUNDABLE and is required to hold your session date and time. In case of emergency, your session fee is transferable within three months of the original shoot date. ALL SESSIONS require a MINIMUM ORDER of $300. You may pay for this upfront with your session fee or during ordering process after your session. Session Collection (Bundle clients) have a $200 required minimum.
Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract below (hereinafter “Client”) agree that MARY KEELEY MCALLISTER PHOTOGRAPHY (hereinafter “MKM” or “Photographer”) shall provide services to photograph events to the best of her abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of the State of Alabama shall govern this contract, and any resulting arbitration or litigation arising from this Agreement shall take place within Tuscaloosa County, Alabama. Client assumes responsibility for all collection costs and legal fees incurred by MKM should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement. If any litigation or dispute should arise regarding this Agreement, the prevailing party to the litigation or dispute shall be entitled to all legal costs and expenses incurred by the prevailing party, including attorney’s fees.
Copyright: All photographs taken by MKM are its property, will remain its property and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties.
Model Release: It is understood that any and all previews and negatives arising from this agreement remain the property of the photographer, MKM, and they may be used for advertising, display or any purpose considered proper by MKM. This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of MKM. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
Limit of Liability: If Mary-Keeley McAllister Photography or its assigns, cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, or due to the photographer’s injury, illness or other significant medical condition (e.g., pregnancy), severe illness or injury in the photographer’s family or death in photographer’s family, then Mary-Keeley McAllister Photography shall return any moneys paid by the client, less expenses, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged through no fault of photographer.