Your Natural State Terms of Service Agreement
By making a purchase at Your Natural State, the Client agrees to the following terms and conditions:
PHOTOGRAPHY SERVICES AGREEMENT:
This Photography Services Agreement (the “Agreement”), dated _THE DATE OF THE BOOKING RECEIPT_ (the “Effective Date”), is made by and between Your Natural State (hereafter known as “Company” or “Photographer”) and the Client_, (hereafter known as “Client”, and collectively, the “Parties”).
WHEREAS, the Photographer provides portrait photography session (“Services”); and
WHEREAS, Client wishes to retain Company and accepts the terms and conditions set forth herein to provide such Services.
NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agrees as follows:
SERVICES.
Company agrees to provide the Services on THE AGREED UPON DATE and the Client agrees to abide by all policies and procedures as outlined in this Agreement as a condition of their participation in the Services.
PERFORMANCE OF SERVICES.
Photographer agrees to take photographs as per the Client’s stated requests, allowing for artistic expression of the Photographer. The Photographer agrees to use high technical quality to meet the Client’s needs for web or print. The Photographer will provide the Client with samples within 8 weeks of full payment.
PAYMENT.
Client shall pay Photographer in full at least Full Fee of the Service prior to the session. This total shall include the Services only. This Fee is non-refundable. By paying this fee the client is agreeing to be subject to the terms of this entire agreement.
PURCHASING PHOTOS.
Should Client wish to purchase photos or packages, this shall be included on an additional order form. Minimum purchase to place an order is $599 plus applicable taxes. All products are customized. All sales are final. No refunds or exchanges. The Client agrees they understand the purchase policy. Should the Client avail the option of prepayment or post-session payment plans, two month to 6 month options are available. The Client must pay the amount in full before the products (digital or print) are released. Each payment made is non-refundable. Prepayments are non-refundable studio credit gift certificates. In the event of non-payment, any payments made to date will be non-refundable. No changes can be made to the payment plan once it goes into effect. Non-payment may be subject to credit bureau reporting.
CANCELLATION POLICY.
In the event that Client requests to reschedule a photography session, the payment shall be applied to the rescheduled date and time provided that the Client gives Photographer at least seven (7) days written notice of the intent to reschedule. The Client may only reschedule the photography session one (1) time at a date and time mutually agreed upon by the Parties and the session must be rescheduled within two months of the date of the originally scheduled photography session. Rescheduling may be subject to additional fees.
The Photographer reserves the right to reschedule the photography session if needed due to illness, injury or inability to perform. In the event that the Photographer needs to reschedule the photographer session, the session shall be rescheduled within two months of the date of the originally scheduled photography session. If the photography session cannot be rescheduled for a date within two months of the originally scheduled photography session because of the Photographer’s illness, injury or inability to perform, the Client will receive a full refund of the payment.
In the event that the Client cancels the photography session, the Client will not receive a refund.
DISHONORED PAYMENTS.
In case of dishonored payments or chargebacks, the Client will be billed by the Photographer for associated fees.
TERMINATION.
The Photographer may terminate this Agreement for cause, including, but not limited to, nonpayment. The Photographer may terminate the session and cancel the order without any refunds if the Client harasses the Photographer or her team. Non-professional language will not be tolerated and may be subjected to criminal proceedings.
HAIR AND MAKEUP.
Any hair stylist and/or makeup artist provided by the Photographer shall be provided as an independent contractor. The Photographer shall not be held liable for allergic skin reactions related to the services provided by the hair stylist and/or makeup artist. If the Client has any known allergies, the Client should inform the hair stylist and/or makeup artist of those allergies. If the hair stylist and/or makeup artist provides services to the Client and the Client is dissatisfied with those services, the Client should inform the hair stylist and/or makeup artist of her dissatisfaction with the services promptly during the hair and/or makeup session. The Photographer will not grant a reshoot due to the Client’s dissatisfaction with her hair and/or makeup.
LOCATION DAMAGES.
Should the Client cause damage to the Photographers studio and/or materials, Client shall be responsible for replacing these items.
OFF-LOCATION PHOTOSHOOT.
In the event the Client requests that the photography session take place off the premises of the Photographer’s studio, the Client acknowledges that the Client is solely responsible for any travel or other costs or expenses incurred by the Photographer in connection with the performance of the Services. In no event shall the Photographer be financially responsible for any such costs or expenses.
CONSUMPTION OF ALCOHOL OR DRUGS.
The Photographer does not permit the consumption of alcoholic beverages, cannabis, or restricted drugs during the photography session or on the premises of the Photographer’s photography studio. The Client understands that the consumption of alcohol, cannabis, or restricted drugs prior to and/or during the photography session may negatively impact the resulting portraits. The Photographer reserves the right to stop and cancel the photography session if the Client appears to be under the influence. Additional on-site cancellation charges may apply.
SAFETY.
The Photographer reserves the right to stop and cancel the photography session if the Photographer or the studio Staff feel threatened, harassed, or fears for their safety due to any reasons pertaining to the Client’s behavior. The Photographer also reserves the right to limit or cancel orders placed with the studio if the Client engages in harassment.
CREATIVE CONTROL.
The Photographer retains creative control of the photography session. Creative control includes, but is not limited to, adjustment of body posing, clothing, hair, jewelry or makeup.
ARTISTIC RIGHTS.
The Photographer retains the right of using discretion to select which portraits will be released to the Client. The Client shall receive a gallery of portraits to choose from, but the Client will not receive portraits the Photographer does not present to the Client. The Photographer reserves the right to adjust portraits in post-processing as the Photographer deems necessary and within creative control. The Client may request additional edits for an additional fee.
SCHEDULE FOR COMPLETION.
Photographer will provide Clients with the Client’s order within 8 weeks after the Client has paid in full and has approved the final images.
PHOTOSHOOT GUEST.
Subject to discussion with the Photographer, only one female guest who is 18 years or older might be allowed to the photography session, only to accompany the Client. The guest may not attend the private design and ordering session. The photographer reserves the right to restrict guest entry due to hygiene, safety, or service quality delivery reasons.
INTELLECTUAL PROPERTY OWNERSHIP.
All intellectual property rights including but not limited to, copyrights, trademarks, services marks, know-how and other confidential information, trade dress, trade names, logos, corporate names, domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to all documents, work product and other materials that are delivered to Client under this Agreement or prepared by or on behalf of the Photographer in the course of performing the Services shall be owned by the Photographer.
MODEL RELEASE.
The Client grants the Photographer, and her representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of me, or in which I may be included, for editorial, trade, advertising, re-selling, and any other peruse and in any manner and medium; to alter the same without restriction and to copyright the same. I hereby release the Photographer and her legal representatives and assigns from all claims and liability relating to said photos.
IMAGE USE.
The Client acknowledges that all images purchased will be for her own personal use. The Client confirms that these images shall not be used for advertisement or commercial use. Commercial licenses may be purchased from the Photographer separately.
REORDERING OF IMAGES.
Photographer does not save all the images after the design and ordering session. Should Client wish to order more images, it must be done during the design and ordering session. After the delivery of the products of the images ordered after the shoot at the design and ordering session, the Photographer is no longer responsible for storing the images. Client should back up all images in case of a late reorder.
INDEMNIFICATION.
Client agrees to indemnify and hold harmless Photographer, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Photographer, in writing.
LIMITATION OF LIABILITY.
IN NO EVENT WILL THE PHOTOGRAPHER, OR ANY OF ITS REPRESENTATIVES, BE LIABLE UNDER THIS AGREEMENT TO THE CLIENT, OR ANY THIRD PARTY, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE PHOTOGRAPHER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE PHOTOGRAPHERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE COST OF THE SERVICES.
COVID-19 PANDEMIC LIABILITY RELEASE
Due to the 2019-2020 outbreak of the novel Coronavirus (COVID-19), an extremely contagious virus that is believed to spread from person-to-person contact, As a result, federal, state, and local governments are recommending social distancing and preventative measures. Your Natural State is taking extra precautions with the care of every client to include health history review and enhanced sanitation/disinfection procedures in accordance with federal and state health safety guidance. For more guidance and on how to protect yourself and related risks, please visit: https://www.healthy.arkansas.gov/programs-services/topics/novel-coronavirus
Symptoms of COVID-19 include:
Fever, fatigue, cough, shortness of breath or difficulty breathing, new loss of taste or smell, muscle pain, sore throat, repeated shaking and chills, chills
The Client agrees to the following before coming to their scheduled appointment: I understand the above symptoms and affirm that I, as well as all household members, do not currently have, nor have experienced the symptoms listed above WITHIN THE LAST 14 DAYS. I affirm that I, as well as all household members, have not been diagnosed with COVID-19 WITHIN THE PAST 30 DAYS. I affirm that I, as well as all household members, have not knowingly been exposed to anyone diagnosed with COVID-19 WITHIN THE PAST 30 DAYS. I affirm that I, as well as all household members, have not traveled outside of the country, or to any city considered to be a “hot spot” for COVID-19 infections WITHIN THE PAST 30 DAYS. I understand that Your Natural State cannot be held liable for any exposure to the COVID-19 virus caused by misinformation on this form or the health history provided by each client. Your Natural State is following these enhanced procedures to prevent the spread of COVID-19; however, the company cannot guarantee that the Client, or any permitted guest(s), will not become infected with COVID-19. Further, attending a photoshoot could increase your risk of contracting COVID-19:
Pre-payment for services available if clients prefer contactless checkout
Additional time included between appointments to prevent client contact with each other
All surfaces will be disinfected thoroughly with approved disinfectants before and after each client according to the manufacturer’s directions
All fabrics used will be disinfected immediately after each session
Guests accompanying those scheduled for photo services discouraged
Each client is required to sanitize hands upon arrival and before leaving; we highly encourage bringing your own sanitizer
Your Hair and Makeup Artist will thoroughly clean hands and wear gloves, face mask, and face shield when possible
All product bottles used during makeover will be disinfected and disposable items will be used when possible
We have a bathroom for client use and we will disinfect the bathroom. To insure additional protection, please limit your liquid intake during the shoot to reduce the need of using the bathroom
By signing below, the Client agrees to each statement above and release Your Natural State from any and all liability for the unintentional exposure or harm due to COVID-19. The Client understands the contagious nature of COVID-19, and voluntarily assumes the risk that the Client may be exposed to, or infected by, COVID-19, and accepts sole responsibility for any injury to herself (including, but not limited to, personal injury, disability, and death), illness damage, loss, claim, liability, or expense of any kind that the Client may experience in connection with her photo session. The Client hereby releases, covenant not to sue, discharge, and hold harmless Your Natural State, its employees, agents, representatives, and independent contractors, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. The Client understands and agrees that this release includes any Claims based on the actions, omissions, or negligence of the Your Natural State, its employees, agents, representatives and independent contractors, whether a COVID-19 infection occurs before, during, or after participation in the photo session. Your Natural State agrees to abide by these standards and affirms the same.
NON-DISPARAGEMENT.
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
COUNTERPARTS.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original, but all of which together, will constitute one and the same instrument.
SEVERABILITY.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
WAIVER.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further.
ASSIGNMENT.
This Agreement may not be assigned by either Party without express written consent of the other Party.
FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
By contacting Your Natural State, the Parties, intending to be legally bound, have executed this Photography Services Agreement as of the date upon which services were paid.