Effective date: 07/2025

WHEREAS, the PHOTOGRAPHER is engaged in the business of providing portrait photography and other related services; WHEREAS, the CLIENT wishes to avail such services from the PHOTOGRAPHER, in accordance with the terms and conditions of this Contract; HEREBY, FOR ALL VALUABLE CONSIDERATION, The PHOTOGRAPHER and CLIENT hereby agree as follow: PHOTOGRAPHER'S SERVICES: PHOTOGRAPHER hereby agrees to perform photographic services for the CLIENT at the EVENT specified above in a professional, workmanlike manner according to the prevailing standards in the industry.

PHOTOGRAPHER may employ one or more assistants to assist with providing services. PHOTOGRAPHER shall, in consultation with the CLIENT, individually edit, optimize, color-correct, enhance, and retouch the images taken at the EVENT. Images delivered to the CLIENT is up to the discretion of PHOTOGRAPHER, and PHOTOGRAPHER is not required to share or deliver all images taken at the EVENT.

RETAINER/PAYMENT: A non-refundable retainer (that shall be applied toward the total fee for the Services) of 50%

(OR TOTAL AMOUNT DUE AS RETAINER) is due upon execution of this Contract, at which time PHOTOGRAPHER commits to being available to CLIENT on that date. If the retainer fee and Contract are not received by PHOTOGRAPHER, the EVENT is not officially booked, and the date is open for other potential clients to book. Final payment of the balance due for the Services shall be made no less than 1 week prior to the EVENT date. In the event that CLIENT fails to remit payment as specified, PHOTOGRAPHER shall have the right to immediately terminate this Contract with no further obligation to refund money (including the aforementioned retainer), or to attend the EVENT.

EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the EVENT. Notification of any changes in schedule or location must be made in writing in a timely manner and confirmation of receipt must be obtained from the PHOTOGRAPHER by the CLIENT.

COPYRIGHT: All photographs taken by PHOTOGRAPHER at the EVENT, in whatever form, are copyright-protected. Any

copying, scanning, reprinting, duplicating, or altering of the photographs taken by PHOTOGRAPHER, without PHOTOGRAPHER’S express written permission is a violation of federal copyright law. PHOTOGRAPHER grants the CLIENT rights to print and share photos for personal use only. CLIENT may post images on personal websites or social media accounts, with credit to the PHOTOGRAPHER, and without alteration of any kind. Including but not limited to retouching, color enhancing, cropping, adding text, or adding filters.

TERM: The term of this Agreement shall commence upon the execution of this Contract and shall terminate upon PHOTOGRAPHER’S delivery of the final Digital gallery to the CLIENT, unless terminated earlier as provided herein.

RESCHEDULING / LATE ARRIVALS: In the event that the CLIENT requests to reschedule their EVENT, the retainer shall

be applied to a rescheduled session if notice is given at least 3 days prior to event. A 20 dollar rescheduling fee will apply to session rescheduled less than 3 Days. Reschedule must be within six months of the original date. A new retainer will be made if date change is made outside of one year before originally agreed upon date. If the price for the coverage has increased since original booking, the difference will be billed to the CLIENT if the EVENT has not been completed within 6 months of the original scheduled EVENT date.

 SAFETY: PHOTOGRAPHER reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer or affiliates experiences inappropriate, threatening, hostile or offensive behavior from person(s) at theEVENT(S); or in the event that the safety of the photographer or affiliates is in question.

 RESPONSIBILITIES: PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to lateness of the CLIENT, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, or restrictions of the locations or backgrounds or lighting conditions which may negatively impact or restrict the photo coverage.

MODEL RELEASE: The CLIENT hereby assigns the PHOTOGRAPHER the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claims to profits that may arise from use of images. The CLIENT agrees that the PHOTOGRAPHER may use images of CLIENT from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to CLIENT or CLIENT'S agents.

LIMIT OF LIABILITY: In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond thePHOTOGRAPHER'S control, including but not limited to camera, hard drive, or equipment malfunction, PHOTOGRAPHER'S

liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The PHOTOGRAPHER is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package.

PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR

RELATING TO THIS AGREEMENT IS LIMITED TO THE TOTAL FEES PAID BY CLIENT FOR THE SERVICES. IN NO

EVENT SHALL PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE

DAMAGES, EVEN IF CLIENT INFORMS PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH

DAMAGES. PHOTOGRAPHER or THE VENUE is not liable for PHYSICAL INJURIES outside of their control if EVENT/SESSION takes place on the CHESTER Property Located at 7730 OLD 12 CROSSROADS, CHESTER, AR. 72934.

CAPTURE AND DELIVERY: The PHOTOGRAPHER is not liable to deliver every image taken at the event or during the session. The determination of images delivered to the CLIENT is left to the discretion of PHOTOGRAPHER. The PHOTOGRAPHER shall

deliver the completed images to the CLIENTS no later than 14 DAYS following the EVENT.

POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER. The CLIENT or anyone other than the PHOTOGRAPHER may not alter the images in any way. This includes but is not limited to any additional editing, filters, adjustment to black and white, cropping, adding text, etc.

CANCELLATION: If CLIENT requests to amend or cancel this agreement, the retainer fee or 50% of total package cost, is non-refundable and shall be liquidated damages to the PHOTOGRAPHER. The CLIENT shall also be responsible for payment for any of the PHOTOGRAPHER’S material charges incurred up to time of cancellation. If the balance is paid in full and the CLIENT decides to cancel the EVEN, all expenses paid, MINUS the retainer fee, will be refunded, only if the EVENT is canceled within 7 days’ notice from the EVENT date. Travel expenses paid will not be refunded if the PHOTOGRAPHER has already booked travel accommodations and cannot be refunded. Permits or material charges purchased by the PHOTOGRAPHER will not be refunded. In the event that the CLIENT cancels this agreement, or fails to show, less than 7 days prior to the date of the EVENT, all payments made to the PHOTOGRAPHER shall be forfeited. Any monies paid by CLIENT will NOT be refunded due to CLIENT'S error, unless otherwise stated in writing at time of cancelation.

In the unlikely event that the PHOTOGRAPHER must reschedule, PHOTOGRAPHER will do everything in their power to find a rescheduling date. If the PHOTOGRAPHER is not able to offer options for a date to reschedule within 6 months of the original scheduled EVENT date, all monies paid by the CLIENT will be refunded.