terms and conditions.

the not-always-fun but super-important legal stuff. by booking a session with alex holt photography, you agree to the following terms and conditions. your booking and payment for a session makes these terms and conditions a binding contract.

1. Payment

As full compensation for the Services, the Client (that’s you) shall pay the Photographer (that’s me) the agreed upon amount in the session description (hereinafter referred to as the "Fee"). In consideration of this Fee, the Photographer shall provide the services listed in the session description.

In case that the payment is not made in full by the booking of the session, the Photographer reserves the right to terminate this contract, retain any initial deposit, and no longer be held liable for rendering further services to the Client.

2. Term

The booking of a photography session shall commence as of the Effective Date of this agreement. The Photographer shall deliver the the digital photos within the timeframe listed in the session description.

3. Photographer’s Obligations + Deliverables 

The Photographer shall:

  1. perform the Service in a safe, efficient, and timely manner using adequate equipment in good working order.

  2. deliver photos of high quality.

The Photographer shall deliver: 

  1. the number of images outlined in the session description.

  2. access to a digital library where photos are stored and backed up.

4. Ownership Rights

The Photographer reserves the full copyright to the videos resulting from this Contract. The Photographer grants the Client a non-exclusive, non-transferable license to use the Photos for unlimited personal use only. Sale, publication, or any other commercial use of the Photos by the Client is specifically prohibited without the prior written consent of the Photographer.

5. Creative Rights

The Photographer reserves the right to edit the Photos in its discretion and may not offer all Photos to the Client. The Photography also retains the right to all original and raw files and will not deliver those files to the Client.

6. Reschedule

The Client shall inform the Photographer in writing about the rescheduling of the time, date, or location of the Event no later than 5 days prior to the Event. If the Photographer is not able to accommodate the Client’s rescheduled date, the Client shall not be held accountable for the remaining balance of this Contract. However, the Photographer shall retain the initial Deposit.

7. Relationship of Parties

The Client is hiring the Photographer as an Independent Contractor, and the Photographer shall use its own equipment, tools, and materials to provide the aforementioned service.

The Client and the Photographer shall not establish any partnership or employer-employee relationship.

8. Additional Hours

If additional hours are required that are beyond the agreed-upon time in this Contract, the Photographer shall charge an amount of $150 per hour to the Client.

9. Warranty

  1. The Client acknowledges that the Photographer cannot guarantee certain poses or coverage quality. 

  2. The Client also acknowledges that the Photographer shall not be held responsible for compromised coverage due to interference from the guests/family or due to environmental issues, such as poor event lighting, space, or backdrops.

  3. The Client accepts that the Photographer shall be given priority in taking photos over guests/family with cell phone cameras or other devices.

  4. The Client agrees that the Photographer shall be the sole and exclusive photographer for the events mentioned in this Contract.

  5. The Photographer warrants that the Photos shall not infringe upon any third party’s patents, trademarks, trade secrets, copyrights, or other proprietary rights.

  6. The Photographer warrants that it shall provide services and meet its obligations under this Contract in a timely and efficient manner.

  7. The Photographer agrees to make every effort to provide satisfactory coverage, but cannot make any guarantees as to specific poses or coverage during the Event.

10. Termination

This Contract may be terminated by:

  1. either party upon 30 days prior written notice to the other party, with or without cause

  2. either party upon the violation of any terms mentioned herein by the other party, if the other party doesn't cure the violation within 30 days of the receipt of written notice of the violation

  3. the Client if the Photographer fails to comply with the reasonable directives of the Client

  4. the Photographer if the Client doesn't pay the deposit or the remainder of the Fee within 30 days after sending written notice to the Client

11. Confidentiality

Both Parties hereby agree that they shall not disclose any confidential information to any third parties throughout the duration of this Contract and shall not use the confidential information for any purpose except those detailed herein or expressly authorized by the other Party.

12. Indemnification

Both parties agree to indemnify, defend, and hold the other party harmless from and against any claims, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or in any connection with this Contract.

13. Limitation of Liability

If the Photographer shall not be able to provide the services outlined in this Contract for any reason, the Photographer agrees to refund any fees, including the initial Deposit, paid by the Client and shall have no further liability with regards to this Contract. This limitation of liability also applies to any loss or damage to footage or other materials after the events listed in this Contract.

14. Miscellaneous

  1. Assignability: Neither party may assign this Contract or the rights and obligations thereunder to any third party without the prior express written approval of the other Party which shall not be unreasonably withheld.

  2. Notices: Any notice required to be given to the Client shall be delivered by certified mail, personal delivery, or overnight delivery paid for by the Photographer.

  3. Force Majeure: Neither party shall be liable for any failure in performance of the obligation under this Contract due to cause beyond that party's reasonable control (including and not limited to any pandemic, fire, strike, act or order of public authority, and other acts of God) during the pendency of such event.

  4. Modification: No modification of this Contract shall be made unless in writing, signed by both parties.

  5. Severability: If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, all other terms will remain in full force and effect until the Contract termination.

  6. Governing Law and Jurisdiction: This Contract shall be governed following the laws of the Indiana. 

  7. Legal and Binding Contract: This Contract is legal and binding between the Parties as stated above. This Contract is legal and binding in the United States District Court. The Parties each represent that they are eligible and authorized to enter into this Contract.

  8. Entire Contract: This Contract constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties, and is intended as a final expression of their Contract.