Adult Client Release Form

(18+)

I hereby give KATIE BERRY PHOTOGRAPHY, his or her assigns, licensees, successors in interest, legal representatives and heirs permission to use and license the Images for use in any Media for all lawful purposes. I understand that the Images may be modified or altered in any way, and may be combined 
with other images, audio, text, graphics or other material. I understand that my name and identity may be associated with the Images.

I agree that all copyright in the Images belongs to KATIE BERRY PHOTOGRAPHY. This Release is given for good and valuable consideration that  I acknowledge I have received. I acknowledge that I will make no claim upon your studio photography with respect to the Images for any reason. I   agree that this Release is binding upon my heirs and upon anyone to whom I  may assign any other rights that I may have.

I agree that this Release is irrevocable, perpetual and worldwide. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this Release. I have read this Release and am fully familiar with its contents.

 
*IMPORTANT* The following eSignatures confirm that everybody listed below has read and understands the content of the Adult Client Release Form. Due to legal risk, I won't be able to photograph any person/s who is not listed... and that's just no fun! xoxo
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Minor client Release Form

(under 18 years old)

I hereby give KATIE BERRY PHOTOGRAPHY his or her assigns, licensees, successors in interest, legal representatives and heirs permission to use and license the Images for use in any Media for all lawful purposes.  I understand that the Images may be modified or altered in any way, and may be combined with other images, audio, text, graphics or other material. I understand that my name and identity may be associated with the Images.

I agree all copyright in the Images belongs to KATIE BERRY PHOTOGRAPHY. This Release is given for good and valuable consideration that I acknowledge I have received. I acknowledge that I will make no claim upon KATIE BERRY PHOTOGRAPHY with respect to the Images for any reason. I agree that this Release is binding upon my heirs and upon anyone to whom I may assign any other rights that I may have.

I agree that this Release is irrevocable, perpetual and worldwide. I am the parent or legal guardian of the minor named above and have the legal authority to execute the above release. I approve the foregoing and waive any rights in the premises. I have read this Release and am fully familiar with its contents.

 

*IMPORTANT* Due to legal risk, I will not be able to photograph your precious babies without your parental/guardian consent! xoxo
By typing my name below, I am acknowledging that I understand the terms of the Minor Release Form and represent all of the minors listed above. If I am not the parent of the minor, I have been granted permission by his/her parent to type my name as legal guardian.
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PROPERTY RELEASE FORM

{OWNER’S PERMISSION AND RIGHTS GRANTED}

I, the client, own or control the Property. By signing this release, I hereby give Katie Berry Photography my permission to use the Images depicting the property in any media, for any purpose, which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the images may be combined with other images, text and graphics and cropped, altered or modified. I agree that I have no rights to the Images, and all rights to the Images belong to Katie Berry Photography.

I agree that I have received Consideration for the rights granted in this release. I acknowledge and agree that I have no further right to additional Consideration or accounting, and that I will make no further claim for any reason to Katie Berry Photography. I acknowledge and agree that this release is binding upon my heirs, assigns and any other person claiming an interest in the Property. I agree that this release is irrevocable, worldwide and perpetual.

I represent and warrant that I am at least 18 years of age. I have the full legal capacity and right to execute this release and grant the rights herein granted with respect to the Property, and to bind all persons claiming an interest in the Property.

By typing my full name in the box below, I acknowledge that I have read and understand the property release form thereby rendering this online contract legally binding.
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WAIVER OF LIABILITY

(18+)

I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS ACTIVITY OR EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity or event. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity or event in which I may participate, and that it will govern my actions and responsibilities at said activity or event. In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event, THE FOLLOWING ENTITIES OR PERSONS: Katie Berry Photography and/or their directors, officers,employees, volunteers,representatives, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers;

(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence of release or otherwise. I acknowledge that Katie Berry Photography and their directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Katie Berry Photography.

I acknowledge that this activity or event may involve physical activity, and may carry with it the potential for death, serious injury, and property loss. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity or event. I understand that at this event or related activities, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers, and assigns. The accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.

I know YOU aren't crazy, but I'm trying to protect myself from the few out there! Therefor, I will not photograph any person/s who cannot agree to these terms. xo
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THIS BOX CERTIFIES THAT ALL PARTICIPANTS HAVE READ THIS DOCUMENT AND SIGNED IT OF THEIR OWN FREE WILL.

PARENT / GUARDIAN WAIVER OF LIABILITY FOR MINORS

(Under 18 years old)

The undersigned parent and natural guardian does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child or ward’s participation in the activity or event, and has agreed individually and on behalf of the child or ward, to the terms of the accident waiver and release of liability set forth above.The undersigned parent or guardian further agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.

I cannot photograph your beautiful children if you do not agree to this release. xox
If you are not the parent of the child/ren listed above, your signature below acknowledges that you have full permission from the child's parent and that you are 18 years or older and the legal guardian of the minors participating in the session.
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General Policies & Agreement Form

This agreement is between Katie Berry, hereinafter referred to as the "Photographer",operating in the State of Texas, and the eSigners of this portrait photography agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the portrait session detailed below.

This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

TERMS AND CONDITIONS

  • Payment.  The Client shall make a full payment for the services specified and agreed upon via confirmation email BEFORE the client will be granted access to their online gallery. If the Client refuses delivery of the order for any specified reason or refuses to pay within thirty (30) days of this order, the client shall be in default hereunder and shall pay 20% percent interest on the unpaid balance until payment is made in full.  Or I'll force client to babysit my kids.
  • Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.
  • Extra Expenses.  Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.The client is responsible for paying for and reserving special locations they choose for their session. The location fees must be paid in advance prior to session date at said location. If the session is cancelled by me, you will have to arrange a refund with the location itself, but I will not refund your money for any reason. (I know. BUMMER!)
  • Cancellation.  It happens. That's life. Don't sweat this one!
  • Photographic Materials.  All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. 
  • Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio. 
  • Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer.  If Client is obtaining a print for reproduction, Photographer authorizes Client to reproduce the print only as set forth under Special Usage Requirements.  In such event, Client shall request that a credit for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.  
  • Inherent Qualities.  Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.  
  • Garments. The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.
  • Price List.  Price lists are adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.  
  • Creative License.  Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
  • Client’s Originals.  If the Client is providing original prints, negatives, or transparencies owned by the Client to the Photographer for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for an amount in excess of $100. 

 

 Failure to Perform

The parties agree to cheerful cooperation and communication for the best possible result within the definition of this
assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for
requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications
caused by but not limited to, anyone in or at the event, or by the location restrictions. The Photographer is not
responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles.
The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to
lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged
that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent
photography that will actually be produced. The Photographer will do its best to fulfil all requests but can make no
guarantees all images will be delivered.

Force Majeure

If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances,
Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of
the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall
have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that
photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise
lost or damaged without the fault on the part of the Photographer. 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.

AGREE *


This contract shall be governed by the laws of the State of  TEXAS and any applicable Federal Law.