CONTRACT AGREEMENT
This Agreement is between the Senior Representative, and the parent and/or legal guardian of the same, whose name and address is listed below, and Angie Read Photography. The term “Power Team member” shall include the Power Team member and the parent and/or legal guardian(s).
By signing this contract, the Power Team member and their parent/legal guardian agree to the following:
1. I understand that all of the benefits and perks of being a Power Team member for Angie Read Photography are contingent upon my completion of the required tasks as outlined in this Agreement.
2. I understand that as a Power Team member, I must book my senior session with Angie Read Photography.
Senior Portrait Experience
3 hour photo session
Planning session for your portrait session
Tips, tricks, videos and helpful advice for a perfect portrait session
3. The sign on fee of $250 is due upon commitment to the team, along with this signed contract. Prints and product are not included in the sign on fee. I understand that I will choose one of three available packages during the order session, which is separate from the sign on fee. I have read and acknowledge Angie Read Photography’s pricing.
4. Date availability will depend on the Angie Read Photography calendar and schedule. Power Team member must be flexible and reasonable in working with Angie Read Photography to reschedule any cancelled photography events. Difficulty in finding dates for rescheduling is not an acceptable reason for Power Team members to cancel this Agreement.
5. On the day of the individual senior session, Power Team member arriving more than 30 minutes late or having a need to reschedule full senior session with less than 48 hours notice, (unless ill or an emergency), will incur a rescheduling fee of $100. Rescheduling will be at Angie Read Photography’s discretion and the fee must be paid within 3 days prior to the session being rescheduled. Sessions may be subject to rescheduling due to illness of the photographer or weather complications. Re-shoots are determined by Angie Read Photography. If you reschedule your full senior session twice for being late or “no show”, you will not be rescheduled and no refunds will be given. You will also be in breach of this Agreement and will be removed from the Power Team program.
*Please call or text Angie Read Photography at 281.743.4182 if you will be late.
6. The Power Team member will be presented a minimum of 100 images at their “Reveal and Order Session”. Galleries will be ready to view within 2 weeks after the full session. Finished galleries are archived for up to 1 year and then discarded.
7. Texas sales tax is applicable on all services and products. Cash, checks and credit cards are accepted. A $30 fee is assessed on NSF checks. Orders will be ready for pick up 4-6 weeks after session premiere. Specialty items may take longer.
8. All sales are final. Any fees assessed or due must be paid within the specified date. Product orders must be paid in full the day the order is placed.
COPYRIGHTED IMAGES
Power Team members will receive “Print Releases” with any digital file purchase made during their Reveal and Order session, which is a license for personal use only. All images are the sole property of Angie Read Photography and are protected by state and federal copyright laws. Images may not be copied, edited, cropped or altered in any way without written permission from Angie Read Photography. Angie Read Photography retains the right to all images for promotional and competitive use.
Power Team members may receive web ready images for social media outlets. The images may not be edited, cropped or altered in any way and must bear the Angie Read Photography logo when placed on the world wide web.
MODEL RELEASE
I hereby grant Angie Read Photography and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of my minor child or photographs of my minor child will be included for editorial, advertising and any other purpose and in any other manner of good taste. I hereby release Angie Read Photography and their legal representatives and assigns from all claims and liability relating to said photographs. I commission Angie Read Photography to photograph my underage child. In case that the subject is a minor, I confirm that I am the parent or legal guardian of the child referred to in this Agreement.
DURATION
The effective term of this Agreement will begin upon execution of this Agreement by the Power Team member, Legal Guardian and Angie Read Photography. This Agreement shall conclude upon the Graduating Seniors’ official graduation date from high school. The expiration of this Agreement does not mean the Power Team member no longer owes any fees or other amounts due to Angie Read Photography.
COMMUNICATIONS
The Power Team member shall respond to all communications by Angie Read Photography in a timely manner. Failure to do so may result in dismissal from the Power Team program and shall release Angie Read Photography from any further contractual obligations. For the purposes of this subsection, timeliness shall be defined as 5 business days.
FULFILLMENT OF DUTIES
The Power Team member shall fulfill all duties as outlined by this Agreement. Failure to do to so shall result in dismissal from the Power Team Agreement and program and will constitute a material breach of this Agreement. Upon dismissal after such breach, the Power Team member shall be required to reimburse Angie Read Photography the amount of $800 (the minimum package cost) which will be due within 5 business days. This fee is in addition to any balance due to Angie Read Photography. The Power Team member shall not receive any refunds, products (unless paid for) and/or rewards.
EXCLUSIVE RELATIONSHIP
Angie Read Photography and the Power Team member relationship shall be an exclusive Agreement and shall continue until expiration on the official high school graduation date of the Power Team member. If the Power Team member represents and/or engages another photographer or photography studio for “SENIOR’ portraiture during the duration of this Agreement, this shall constitute a material breach of this Agreement and the Power Team member shall be liable for the Agreement Cancellation fee of $800. Failure to remit these monies by the deadline provided by this Agreement shall result in collections and/or legal action against the parent and/or legal guardian. Power Team member is permitted to have their picture taken for any school or club related activity. However, if they choose to post these images on social media, they are not to tag that senior photographer, as that could be perceived as a conflict of interest.
ETHICS CLAUSE
The Power Team member shall not commit any act that will cause public hatred, contempt, scorn or ridicule or that will shock, insult, or bring disrepute to Angie Read Photography or another Power Team member. Failure to do so may result in dismissal at Angie Read Photography’s discretion from the Agreement herein. If dismissed from the Agreement pursuant to this subsection, the Power Team member shall be liable for the Agreement Cancellation fee of $800 plus any outstanding balance that may exist. Failure to remit this valuation to Angie Read Photography shall result in a collection action against the parent and/or legal guardian.
INDEMNIFICATION
Angie Read Photography shall be held harmless for any and all injury to the Power Team member and the Power Team member’s property during the course of the photographic events and any other events related to this Agreement.
REPRESENTATIONS AND WARRANTIES
Angie Read Photography warrants that the services will be performed in a professional manner in accordance with recognized industry standards. No specific result is assured or guaranteed. All images are from the creative viewpoint of the Photographer. Angie Read Photography is not responsible for, nor is guaranteeing, that the Senior Rep or their parent/legal guardian will agree with the photographer’s interpretation or creativity.
ANGIE READ PHOTOGRAPHY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER ANGIE READ PHOTOGRAPHY EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.
Angie Read Photography is not responsible for normal wear and tear on any products and warranty is limited to the amount paid by the Power Team member for the products.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to the conflicts of laws and principles thereof. Jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement, shall be only in a federal or state court having subject matter jurisdiction located in Harris County, Texas.
DISPUTE RESOLUTION
Any cause of action brought by the Power Team member against Angie Read Photography must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees’ (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Texas and agrees that those courts have personal jurisdiction over each party; (iii) venue will be in Texas and (iv) the parties will submit the dispute to mandatory mediation held in Washington or through an online mediation service agreed upon by all parties. If the parties cannot agree on a mediator, then any party may apply at any time to the presiding judge of the Superior Court for the appointment of a mediator, and the judge’s selection is binding on all parties. The parties will share equally (50/50) in all costs of the mediation, including the mediator’s fees, but each party is solely responsible for its own attorneys’ and experts’ fees. Every mediation will be completed within 4 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 4-month period, then the parties may continue seeking to resolve the dispute via any process, including litigation by trial.
In no event shall Angie Read Photography be liable for any consequential, punitive or multiple damages of any kind.
GENERAL
(a) You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
(b) This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
(c) The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
(d) If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
(e) The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.