This Contract is between the Client, whose name and address is listed on the corresponding order form, and Immerse Photography.  By completing this form, you are agreeing to Immerse Photography, LLC’s Terms of Use, as outlined below.  If you do not agree with any of these statements, you are urged not to purchase a photoshoot, as no modifications will be made to this agreement.

• Retainer and Payment.  The Client shall make a non-refundable booking fee in the amount of $100 for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties.  The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time.  The remaining photo session balance, as indicated at time of booking, is due two days prior to the photography event and will be paid online.  All payments are considered final and are non-refundable unless photographer fails to perform, per the guidelines listed below.  No refunds will be given for any other reason.
  
  
• Rescheduling/Cancellation.  If the Client requests to amend or cancel this Contract after the non-refundable retainer has been paid but before the agreed upon photographic event date, the retainer shall be forfeited.  If the Client fails to show the retainer shall be forfeited.
   
• Late Arrivals. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event.  Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.  
   
• Weather.  In the event that an Immerse Photography session must be cancelled due to weather, the Photographer and the Client shall make every attempt to reschedule the photographic event within the same season {spring, summer or fall} and calendar year. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability.   Immerse Photography reserves the right to make the sole decision in cancelling a session due to weather.
   
• Completion Schedule.  Completion schedules and delivery of any products ordered shall be determined from the date of final approval by the Client.  Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.  Photography Orders shall take four weeks from the time of the ordering session to be processed and delivered to the Client.  The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around.  An expedited fee of $50 + shipping fees shall be applied to expedited product requests.  The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
   
• Use of Independent Contractor.  In the event a third-party Independent Contractor is hired for services and/or products for the photographic event, the Photographer is not liable for any actions by the Independent Contractor.
   
• Photographic Materials.  All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.   All orders must be placed within the outlined schedules within this Contract.   No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.
  
  
• Online Galleries. The Photographer shall make gallery proofs available on a private online website.  These proofs shall be available to the Client within three weeks of the photographic event.  If an online proofing gallery is delivered, it shall remain open for seven days from delivery.  If the Client requests to extend the time or reopen the online proofing gallery, a weekly un-archival fee of $50 shall apply.  
  
  
• Artistic Rights.  The Photographer retains the right of discretion in selecting the photographic materials released to the Client.   The Client shall receive a gallery of approximately 25 photographs per hour (as time, client cooperation, and light allows) to select from and shall not receive any photographic materials not presented to the Client.  The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control.  Additional processing may be requested, and starts at $10 per file.
   
• Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats.  It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.  Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.  The Photographer does provide the Client permission to resize photographs for Internet-based usage.
  
  
• Client Usage.  The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract.  The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client.  Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.  
   
• Social Media.  The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links.  When directly uploading purchased images, the Client shall identify the “COPYRIGHT YEAR + IMMERSE PHOTOGRAPHY” in the caption of all photographs uploaded to social media websites and profiles.  
  
  
• Photography and Videography. The Client shall not engage in photography or videography during the course of the photographic event unless otherwise agreed to by the Photographer.  
  
  
• Failure to Perform.  If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability.   Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited. 
   
• Photographer’s Standard Price List.  The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
  
  
• Travel and Overage Fees. Immerse Photography will travel up to a 15 mile radius from the zip code 45459.  The Client shall pay $.54 per 1 miles outside of that radius.
  
  
• Arbitration.  Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $1000.   In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
  
  
• Indemnification. The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.
   
• Miscellany. This Contract incorporates the entire understanding of the parties.  Any modifications of this Contract must be in writing and signed by both parties.  Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.  This Contract shall be governed by the laws of the State of Ohio.
   
• Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
  
  
• Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.