Inspire Somebody 1 hour photo shoot sessions are great for family photos, self-love sessions, engagements and children's portrait sessions!
Each session is 1 hour long and takes place at one location of your choice with two outfit changes. Included in your package will be 20-30 high resolution digital images that have been extensively edited and creatively enhanced by Britni Wilson. This package also includes full reproduction rights!
To book your 1 hour session and secure your date of choice, your package must be purchased in advance.
1 Hour Photo Shoot Session
Photo shoot packages are non-refundable.
IMPORTANT NOTE: Payment in FULL is required in order to secure your photo shoot date of choice. Emergencies happen (illness, loss of a loved one, unexpected life events etc.), in addition to the potential for unexpected weather conditions that are not conducive to outdoor photo shoot sessions. Please notify Britni of any cancelations, in order to successfully reschedule your photo shoot session to a NEW date.
Please allow up to four weeks for post-production editing time. Your high resolution, extensively edited digital images will be emailed to you directly from Britni once they are complete.
INSPIRE SOMEBODY PHOTO SHOOT SESSION ONLINE AGREEMENT
THIS AGREEMENT is made on the date of purchase by and between Inspire Somebody, LLC (Britni Wilson-Carleton) and customer listed at the time of checkout.
Recitals
- Photographer is in the business of providing custom photography, editing and printing services for a fee.
- Customer desires to have Photographer render specific services (the “Services” or “Photographer’s Services”) as set forth in the terms and conditions below.
- Services shall be rendered on the date agreed upon between photographer and customer
Agreements
In consideration of the mutual covenants set forth in this Agreement, Customer and Photographer hereby agree as follows:
1. Engagement of Services.
Photographer agrees to render to Customer as follows:
(a) Provide to Customer a pre-event phone consultation prior to the Event in order to finalize specific shooting times (the “Times”), determine any custom shots (the “Shots”), or set forth any locations (the “Locations”) that Photographer will be required to travel to in order to render the Services to Customer. Customer has the sole responsibility for arranging this pre-event phone consultation with Photographer, and failure of the occurrence of a pre-event phone consultation shall not constitute breach of this Agreement.
(b) Provide the agreed Services on the dates, Times, and Locations as agreed upon in the Specifications, and provide images taken during the Event (the “Proofs”) to Customer as soon as they are available.
(c) Provide proof of agreed-upon expenses associated with the Event and the execution of Photographer’s Services and present them to Customer for approval.
(d) Provide to Customer a post-event digital consultation in order to review all images taken during the Event, or otherwise arrange for the insured delivery of any images (digital or print) or other related materials.
(e) Provide to the Customer ordering and photographic reproduction services.
2. Specifications.
Photographer agrees to provide the Services pursuant to the specifications of the pre-event phone consultation.
3. Delivery of Proofs.
Photographer will use reasonable diligence in the development of the Proofs and endeavor to deliver to Customer all agreed upon images no later than 2-6 weeks (determined by the number of images included in the purchased package) from the scheduled photo shoot date. Customer acknowledges, however, that this delivery deadline, is an estimate, and is not a required delivery date. Photographer will retain all rights to any and all photographic materials, custom shots, proofs, or other intellectual property for the entire project and will provide the Customer with the output formats only.
Photographer will email digital images to customer upon completion of post-production editing and creative enhancement.
4. Ownership Rights.
(a) Photographer shall retain, under the fullest extent under the law, any and all film, digital files, proofs, samples, prints, or negatives created or produced for Customer pursuant to this Agreement.
(b) Licensee and/or original photographers shall retain all copyrights to Content provided Customer including copyrights to derivative works. Licensee has the rights to issue licensee to Content for a fee to Customer. Customer does not acquire any ownership rights to the Content or the Content after modification into a derivative work.
(c) Customer is granted ownership of the digital images provided for non-commercial use. Customer may not duplicate or redistribute the Content by any means (physically or digitally) other than for personal use.
Customer may not use the Content for any commercial, editorial, or other purpose for which stock photography is typically used.
Customer may use the Content only for personal use as decor. Display of Content in a single location can be in public view, in a private or commercial location.
5. Compensation.
For all of Photographer’s Services under this Agreement, Customer shall compensate Photographer, pursuant to the agreed upon terms. In the event Customer fails to make any of the payments referenced in the pre-event phone consultation, Photographer has the right, but is not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) withhold all materials, Services, and content, (3) bring legal action.
6. Limited Warranty and Limitation on Damages.
Customer agrees to indemnify and hold Photographer harmless with respect to any claims, loss, lawsuit, liability, or judgment suffered by Customer which results from the use of any material prepared by Photographer or execution of Service by Photographer or at the direction of Photographer, which has been materially changed from the Specifications.
8. General Provisions.
8.1 Entire Agreement.
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto.
8.2 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. Exclusive jurisdiction and venue shall be in the Toledo Municipal Court.
8.3 Binding Effect.
This Agreement shall be binding upon and inure to the benefit of Customer and Photographer and their respective successors and assigns, provided that Photographer may not assign any of his obligations under this Agreement without Customer’s prior written consent.
8.4 Waiver.
The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
8.5 Good Faith.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
8.6 Right to Withhold Content and Creative Services.
In the event Customer fails to make any of the payments as agreed upon within the time prescribed, Photographer has the right to withhold any materials, photographic or otherwise, or to suspend any further creative or administrative Services performed on behalf of Customer until payment in full is received, plus accrued late charges of 1 ½% per month.
8.7 Indemnification.
Customer warrants that everything Customer gives Photographer to use in fulfillment of Services is legally owned by or licensed to Customer. Customer agrees to indemnify and hold Photographer harmless from any and all claims brought by any third party relating to any aspect of the Services, creative or other content, including, but without limitation, any claims resulting from missed Shots, missed Times, inaccessibility to Locations, weather related problems, inaccessibility or lack of cooperation from critical employees, staff, or other personnel required by Photographer in order to meet any of the deliverables or obligations listed in Exhibit B; difficulty in gaining any access to the agreed upon Locations or any demands, liabilities, losses, costs, and claims, including attorney’s fees, arising out of injury caused by Customer’s products/services, material supplied by Customer, copyright infringement, and defective products sold via the advertising or Services. Further, Customer agrees to indemnify Photographer from responsibility for problems/disruptions caused by third-party services and contractors that Customer may use such as reproduction services, enlargements, digital processors, transportation, shipping or hosting services, film processing, and other services that relate to the execution of the Services outlined in this Agreement by Photographer.
8.8 Use of Services and Creative Content for Promotional Purposes.
Customer grants Photographer the right to use or otherwise reproduce the proofs, images, creative content, description of Services performed, results of Services or testimonials as Photographer sees fit for promotional, re-sale and/or retail purposes.
8.9 Limitation of Damages.
Customer agrees that the only damages available under this Agreement shall be limited to the total amount of compensation paid to Photographer and that this shall be the sole remedy to Customer for damages under this Agreement.
8.10 Attorney’s Fees.
In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual attorney’s fees and costs, including expert witness fees.
8.11 Term of Agreement.
This agreement shall begin on and shall continue in full force until terminated by either party upon at least thirty (30) days prior written notice.
The parties represent and warrant that, on the date that the customer purchases their photo shoot package, they are authorized to enter into this Agreement in its entirety, and duly bind their respective principals by finalizing their purchase at check out.