PHOTOGRAPHY AGREEMENT

Madison Thomson Photography

This Agreement is between You (hereafter “Client”) and Madison Thomson Photography (“Photographer”) (collectively the “Parties”, or in the singular “Party”), for the purpose of Client hiring Photographer for photography services bundled together in a membership. This Agreement shall become effective upon the date of both Parties’ signatures below.

PARTIES

Photographer
Madison Thomson Photography
madisonthomsonphoto@gmail.com
203-517-7598
3044 W. Roberts Ave
www.madisonthomsonphotography.com

Client
Details listed in contact information

PACKAGE & PRICE
Classic Membership: $1080
Classic Membership Services Included: 1 hour photo session + $200 print credit

Premium Membership: $1320
Premium Membership Services Included: 1 hour photo session + $200 print credit + Mini session on select dates

Platinum Membership: $1680
Platinum Membership Services Included: 1 hour photo session + $200 print credit + Mini session on select dates + (1) 30 minute photo session on date of client's choosing


Additional Travel Fee: $50 for over 30 miles from 93711, $150 for over 60 miles from 93711
Delivery of Online Web Gallery for Each Session: within 2 weeks

PAYMENT
Retainer Amount Due At Signing:
Classic: $90
Premium: $110
Platinum: $140

Classic Plan – $90 retainer + 11 monthly payments of $90. Thereafter, payments will start one month after the initial deposit, and continue on the same date of every month for 11 months, starting in August 2025.

Premium Plan – $110 retainer + 11 monthly payments of $110. Thereafter, payments will start one month after the initial deposit, and continue on the same date of every month for 11 months, starting in August 2025.

Platinum Plan – $140 retainer + 11 monthly payments of $140. Thereafter, payments will start one month after the initial deposit, and continue on the same date of every month for 11 months, starting in August 2025.


TERMS AND CONDITIONS

1. Fees & Retainer

Client shall reserve the time and date of services by signing and returning this Agreement along with a non-refundable reservation retainer equal to $90.00 Classic, $110 Premium, or $140 Platinum (“Retainer”). No session dates will be reserved until this Agreement is signed and the Retainer is received. This Retainer is for securing date on Photographer’s schedule during the timeframes listed above (Photographer only books a certain number of clients in its membership program during each timeframe to allow for flexibility when Client chooses to book their session). Installment payments shall account for all planning, communication, and photography services Photographer performs for each session. Client agrees to keep a valid credit card on file with Photographer, and authorizes Photographer to charge each invoice’s payment in full on the due date.

Any invoice not paid in full within 5 days of receipt will be charged a $75.00 late fee and will accrue an additional 1% of the unpaid invoice amount every day thereafter. In the event Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid as liquidated damages, and may not remit all final, edited photographs to Client.

The fees in this Agreement are based on Photographer’s current pricing at the time of booking. Photographer’s price list is adjusted periodically, and the pricing within this Agreement is only guaranteed upon booking. Client understands and agrees that they cannot downgrade the package and price agreed to within this Agreement after booking, but may upgrade at any time with express, written consent of all Parties. All future upgrades and/or bookings will be charged at Photographer’s prices in effect at the time.

2. Coverage

Client has booked Photographer for up to 1 hour of photography coverage. Session coverage starts at the designated time and ends either before or when 1 hour has elapsed. Client shall arrive at least 5 minutes prior to a session. In the event Client is late to a session, Photographer is not responsible for extending its coverage. If Client is more than 20 minutes late, the session will be canceled and is non-refundable and non-transferable. Additional coverage hours may be added at a rate of $500 per hour prior to a session or at the session, must be agreed to by the Parties, and must be paid in full before any photos or products are released to the Client.

Client understands and agrees that the total amount of photography coverage to be used within their photography membership shall be used within 12 months of the Effective Date of this Agreement. Any unused coverage hours or sessions will not roll over and will be forfeited.

3. Scheduling a Session

Client agrees to confirm a session date with Photographer for their session included in the package at least 14 days in advance.

In the event Client does not reach out to Photographer, Photographer will Notify Client 21 days in advance of their membership reaching completion. If Client does not book within the designated time, the session shall be deemed forfeited and no refund will be given and no transfer of fees/coverage hours will be allowed.

4. Cancellation by Client

If for any reason Client cancels this Agreement more than 7 days before the first session date, Photographer shall keep the Retainer as liquidated damages, but Client will not be responsible for any remainder due. Notification of cancellation must be made in writing by Client and sent via email (for Notice purposes, see Section 34). Confirmation of receipt of notification email by Photographer must be obtained. If Client fails to supply Notice of cancellation as specified before the session date or cancels within 7 days of the session date, Client shall be required to pay the full balance due.

5. Rescheduling by Client

Client may reschedule a session one time for any reason up to 7 days before the session date. Notification of rescheduling must be made in writing by Client and sent via email, pursuant to the Notice provision. Confirmation of receipt of notification email by Photographer must be obtained. The rescheduled session must occur within one month (1 month) of original date, provided Photographer is available. Photographer will allow only one (1) complimentary reschedule of a session, and thereafter a $200.00 rescheduling fee will apply. If Client fails to supply written rescheduling notification 7 days before the session date, Client shall be required to pay the full balance due, no reschedule will be allowed, and it shall constitute a cancellation.

6. Image Processing, Retouching & Edits

Photographer will only deliver high-resolution, edited .jpeg images to Client and will not send original RAW files to Client under any circumstance. Unless agreed upon prior to any editing work, high-resolution photos may contain a mixture of color, black and white, and selective color images.

Photographer enhances photos through corrections to contrast, lighting, and color. Photographer does not change any inherent qualities of a person, as it is considered a “cosmetic edit.” Any additional cosmetic edits will be $25.00 per photo if it is requested by the Client after seeing the delivered images. All edited images will not be released to Client until the invoice for additional edits is paid by Client. Cosmetic edits include, but are not limited to, removing unwanted facial hair, removing blemishes, removing wrinkles, removing unflattering parts of the body, changing hair color, changing shape of nose/eyes/body, adding in sky or clouds, etc. Photographer suggests avoiding large logos, characters, writing, or other distracting elements on clothing. Client understands and agrees that clothing is its responsibility and will relieve and hold Photographer harmless for any issues related to clothing and attire in the photos.

7. Poses & Selection of Delivered Images

Client understands and agrees that Photographer will use every reasonable effort to take requested pictures, but no specific pose or photograph can be promised due to the unique nature of a session and unforeseen circumstances. Any lists supplied by Client will be used for organizational purposes only. Photographer reserves the right to edit and release only the images that are deemed professional in quality and within Photographer’s standards. Such selection shall constitute all images that will be made available to Client.

8. Delivery of Images & Online Galleries

All photos will be distributed to Client through an online gallery within [2] weeks of each session date. Photographer shall provide Client with [50] photos minimum per hour of coverage. Client will be able to download the full gallery as well as individual photos onto a computer and/or smartphone.

Client will also have the ability to purchase professional prints directly from Photographer’s online gallery. Print prices are as marked online at the time of purchase and Photographer reserves the right to alter pricing at any time.

The online gallery and link will be available to Client for 12 months or as long as client maintains an active membership. Client is responsible for archiving all photos pursuant to Section 13.

9. Artistic Style

Client has spent a satisfactory amount of time reviewing Photographer’s work and has a reasonable expectation that the images delivered will be in a similar manner and style as indicated on Photographer’s website, social media, and galleries. Client understands and agrees that (1) Photography is a subjective art and Photographer has a unique vision, with an ever-evolving style and technique; (2) Photographer shall have final say regarding the aesthetic judgment and artistic quality of the images; (3) Dissatisfaction with aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

10. Posting on Social Media

If Client or Client’s family and friends post a photograph on social media, they must tag @madisonthomsonphotography. They can either link to Photographer’s Facebook page, Instagram page or type in the website address: www.madisonthomsonphotography.com. Client or Client’s family and friends understand and agree to not edit the original photos by filtering or changing the coloring.

11. Inclement Weather

If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a successful session to the artistic standards of Photographer, Photographer may elect to use an alternate location or to reschedule a session. Photographer will notify the Client at least 24 hours in advance and will base its decision off local weather forecasts. Photographer's policy is that if it is a 50% chance of rain or more, the session will be rescheduled. If the chance of rain is less than 50%, Photographer will leave it up to the Client to decide whether to reschedule and Photographer will inform Client of the implications of shooting in light rain or inclement weather.

In the event Client decides to shoot a session in light rain or inclement weather, Photographer will try its best to shoot the session to the best of its abilities but does not guarantee quality of images and will protect its photography equipment from rain, wind, and snow damage. Photographer is not responsible for photos it is unable to take due to weather implications and Client agrees to relieve and hold Photographer harmless for any lost photos due to weather.


12. Model Release

This Agreement serves as a model release for all subjects listed above, giving Madison Thomson Photography 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. Photographer can grant use of the images to third-parties and all compensation for use and credit for the images remain the property of Madison Thomson Photography. 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, Client’s agents, their legal representatives, heirs, and assigns.

13. Photo Distribution & Archiving

Upon receipt of photos via online gallery, Client accepts all responsibility for archiving and protecting the Client’s photographs. Photographer keeps copies of edited .jpeg images for approximately 365 days but does not permanently archive all image files. Photographer is not responsible for the life span 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. It is Client’s responsibility to make sure that digital files are copied to new media and external hard drives as required. In the event Client asks Photographer to unarchive photos and reupload to an online gallery and the photos are still retrievable by Photographer; an additional unarchiving fee of $500.00 will apply.

14. Reproduction

A limited, personal photo release of the images is granted by Photographer to Client, which allows the Client and Client’s agents, including family and friends, the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published, including, but not limited to, entering into contests or submitting to online blogs or publications, without the express written consent of Photographer. Client and Client’s agents, including family and friends, further agree not to supply images to any third-parties without the express written consent of Photographer.

15. Photographer Copyright

All photographs taken by Madison Thomson (d/b/a Madison Thomson Photography) 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. Violations of this federal law will be subject to its civil and criminal penalties.

16. Harassment

In the event Photographer experiences or is made aware of any inappropriate, threatening, hostile, or offensive behavior from Client at any time during the contractual period or from any person at a session (including, but not limited to, unwelcome sexual advances, verbal or physical conduct of a sexual nature, or physical or verbal harassment related to race, sex, creed, color, marital status, sexual orientation, family status, and/or disability), Photographer will terminate services immediately and/or leave the session, and this Agreement shall be deemed terminated. Upon termination due to harassment, Photographer shall be entitled to retain all monies paid and Client agrees to relieve and hold Photographer harmless as a result of incomplete photography services.

17. Safe Working Environment

Client understands and agrees that Photographer maintains a safe work environment at all times and complies with all health and safety laws, directives and rules and regulations. Client further understands and agrees that during a session Client and Client’s agents shall not carry weapons or firearms, be exposed to severe illness, or request the Photographer to do anything illegal or unsafe. Further, Photographer will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. In the event any of these circumstances arise, Photographer reserves the right to reschedule the session or end service coverage immediately during the session. Photographer shall be entitled to retain all monies paid and Client agrees to relieve and hold Photographer harmless as a result of incomplete photography coverage.

18. Location Limitations

Photographer is limited by the rules and guidelines of each session location chosen by Client. Client agrees to accept the technical results of the location’s imposition on Photographer. Negotiation with the location for moderation of its guidelines is the Client’s responsibility and Photographer will offer technical recommendations only.

19. Permits

Client is responsible for researching, acquiring, and paying for all permits, licenses, and/or any other necessary permissions for all locations where Photographer will be performing services. In the event Client does not acquire required permits, licenses, and/or any other necessary permissions and a fine is imposed, Client shall pay the fine and agree to relieve and hold Photographer harmless.

20. Travel Fees

Client agrees to pay Photographer a travel fee of $50.00 for travel extending beyond 30 miles of the zip code 93711. Any travel extending beyond 60 miles of the zip code 93711 shall incur additional fees for transportation, lodging, and per diems for each travel day to be determined by Photographer and invoiced to Client.

21. Communication

Photographer’s office hours are 10am to 4pm, Monday through Friday. Photographer’s primary source of communication is through its email madisonthomsonphoto@gmail.com. Photographer will respond to Client’s emails within those office hours, and no more than 3 days after Client emails Photographer. One day before the first session date, Photographer will email Client Photographer’s phone number and Client shall text and/or call Photographer if there are any issues related to a session that need to be resolved immediately.

22. Indemnification

Client shall indemnify, release, discharge and hold harmless Photographer, its heirs, legal representatives, assigns, employees, contractors, or any persons or corporations acting under permission or authority of the Photographer from and against any and all losses, damages, liabilities, and expenses and costs, including reasonable legal expenses and attorneys’ fees, to which Photographer may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by Photographer pursuant to this Agreement, except to the extent such losses result from the gross negligence, willful misconduct, or intentional acts of Photographer.

23. Maximum Damages

The sole remedy for any actions or claims by Client shall be limited to a refund, the maximum amount not to exceed the total monies paid by Client under this Agreement.

24. Limitation of Liability

If, during a session and/or before the image(s) are delivered to Client, the media has been lost, stolen, or is unusable because of defect, damage, equipment malfunction, processing, or other technical error caused by Photographer or by forces outside the control of Photographer, Client agrees to relieve and hold Photographer harmless and will not impose any additional liability. Liability for a partial loss of photographs shall be prorated by Photographer based on the percentage of total.

In no event shall Photographer be liable under this Agreement to Client or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

25. Force Majeure

No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure
events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 10 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. The Retainer and all other payments made by Client up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to Client’s account and must be used within 12 months from the date of Notice of the Force Majeure Event.

26. Cancellation of Services by Photographer

In the event Photographer determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:
Immediately give notice to Client;
Attempt to find another competent professional to take its place with the mutual agreement of Client;
If another competent professional is not available or Client does not agree to transfer of obligations to said alternate professional, Photographer will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
Excuse Client of any further performance and/or payment obligations under this Agreement.

27. Sales Tax

Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Client and remitted by Photographer. All sales tax will be included on invoices.

28. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by all Parties, and physically attached to the original agreement.

29. Venue & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a court of competent jurisdiction located in Fresno County, California. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.

30. Arbitration

Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Fresno County, California, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

31. Severability & No Waiver

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.

32. Transfer

This Agreement cannot be transferred or assigned to any third-party by either the Photographer or Client without written consent of all Parties.

33. Headings

Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.

34. Notice

Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: Photographer’s Email: madisonthomsonphotography@gmail.com; Client’s Email: see contact information.

35. Facsimile Signatures
The Parties agree that a facsimile copy (electronic copy) of this Agreement may be used as the original.

Participant Signature
By [checking the box/typing “I Agree”] on this order form and upon completion of purchase, Client confirms that it has read, understands, and agrees to the terms and conditions of this Agreement.”

Photographer Signature
After Participant completes checkout and Photographer sends a confirmation email to Participant, Photographer confirms that it has read, understands, and agrees to the terms and conditions of this Agreement.”

By checking this box and submitting payment, I agree that I have read and understand the terms of this contract. I agree to be placed on a members only email list and receive monthly members only updates as well as reminders via text or email from Madison Thomson Photography regarding booking sessions.