Photography Session Service Agreement
Texas Family Portraits
This Agreement is between the primary contact listed in a booking and all participating individuals (“Client”) and Texas Family Portraits. This Agreement is accepted when the Client books the “Services” as described below.
1. Engagement of Photographer
1.1 Services
Client engages Photographer to provide, and Photographer agrees to provide, the photography services outlined below (“Services”):
Luxury Portrait Session
45-minute Beach Portrait Session
As part of these Services, Photographer will create and deliver photo content (“Work Product”) as described on our website. “Images” refers to all photographic material—digital files, prints, or media—produced during the session.
1.2 Exclusivity
Photographer shall be the exclusive provider of the Services unless otherwise agreed in writing.
2. Fees and Payment
2.1 Fees
Client agrees to pay Photographer the fees listed in our current pricing guide (“Fees”). These fees exclude applicable sales tax.
Custom packages may be available upon request.
2.2 Retainer
A non-refundable retainer is due at the time of booking to secure the session. The retainer will be applied toward the final balance.
2.3 Invoice
Photographer will issue an invoice upon booking. The full balance is due within 24 hours of the scheduled session and will be automatically charged. Clients may request upgrades for up to 90 days after the session. Any adjustments to pricing will be reflected in the final invoice.
3. Client Responsibilities
3.1 Required Consent
Client must ensure that all necessary permissions (including from venues and participants) are obtained prior to the session.
3.2 Expenses
Client is responsible for reasonable travel expenses incurred by Photographer outside of pre-approved locations, as well as any additional necessary costs for completing the Services.
3.3 Waiver
Client and all participants waive all rights to claims related to the use or distribution of the Images created under this Agreement.
4. Photographer Responsibilities
4.1 Equipment
Photographer provides all necessary photography equipment.
4.2 Service Standards
Photographer will perform services in a timely, professional, and safe manner, with minimal disruption to the Client.
4.3 Photography Staff
Photographer and any assistants will follow safety guidelines, comply with client directions, and meet the agreed specifications.
4.4 Digital Image Access
Clients will have access to their purchased digital images for no less than one (1) year.
5. Artistic Release
5.1 Consistency & Style
Client understands Photographer will use artistic judgment consistent with their portfolio. Disagreement with style or creative choices does not justify cancellation or refund.
6. Term and Termination
6.1 Term
This Agreement remains in effect until all fees are paid and final Work Product is delivered.
6.2 Cancellation
Client may cancel or reschedule with at least 24 hours’ notice. Cancellations under 24 hours result in forfeiture of all fees paid.
6.3 Rescheduling
Photographer will try to accommodate reschedules, but if unavailable, the original date stands, or it is treated as a cancellation.
6.4 No Refund
Cancellations with less than 24 hours' notice will not result in any refund.
6.5 Replacement
If Photographer cannot fulfill the session, a qualified replacement will be assigned.
7. Ownership of Work Product
7.1 Ownership
Photographer retains full ownership of all Work Product. Client grants Photographer and service providers a license to use any client-provided materials or likenesses in promotional materials, portfolio, website, or social media.
7.2 Print Release
Clients may print images up to size 8x12 through third-party services. Larger prints must be ordered through Photographer.
8. Client License
Photographer grants Client a limited, royalty-free license to use Images for personal use only, including social media, albums, and personal printing (up to 8x12 in size). Commercial use is prohibited without prior written consent.
9. Indemnity and Liability
9.1 Indemnification
Client agrees to hold Photographer harmless for any claims or damages related to the Services or Images provided.
9.2 Force Majeure
Neither party is liable for delays or non-performance due to circumstances beyond their control (e.g., weather, illness, emergencies, natural disasters). If delays exceed 60 days, either party may terminate the Agreement.
9.3 Delivery Delays
Photographer is not liable for delays due to technical issues, service disruptions, or client-related delays.
9.4 Maximum Liability
Photographer’s total liability will not exceed the total fees paid under this Agreement.
10. General
10.1 Notice
All communications must be sent to the contact details below and are considered delivered when sent:
Email: info@texasfamilyportraits.com
Phone/Text: 346-478-5800
10.2 Survival
Sections 7–10 remain in effect after this Agreement ends.
10.3 Governing Law
This Agreement shall be governed by the laws of the State of Texas.
10.4 Amendment
No amendments will be valid unless agreed to by Photographer in writing.
10.5 Entire Agreement
This is the full agreement between the parties, overriding all prior communications or agreements.
10.6 Severability
If any part of this Agreement is deemed invalid, the remainder shall still apply.