Booking Agreement

This agreement is made between the Client, whose name and contact information are listed on the booking page, and Valeriia Guznenkova. All photographs will be shot in digital format. Digital photos will be made available on a private online gallery available for download and printing right will be granted. Photos will be delivered as high-resolution JPEG files in an online gallery. The online gallery will be ready within 2 weeks.

NO REFUNDS ON DEPOSITS ARE ALLOWED WHEN DATE IS BOOKED WHICH IS A $100 DEPOSIT.

FOR ANY SESSION $100 DEPOSIT IS DUE THE DAY OF SCHEDULING THE SESSION TO HOLD THE TIME AND DATE. AFTER PHOTOS HAVE BEEN RECEIVED, THERE ARE NO REFUNDS WHATSOEVER.

1.Cancellation. In the event that the Client requests to reschedule their session, the retainer shall be applied to a rescheduled session if notice is given at least 72 hours prior to scheduled event.

2.Artistic Rights. The photographer retains the right of discretion in selecting the photographic materials released to the client. The photographer owns ALL copyright of any images taken at session.

3a.Copyright and Reproductions. All photographic materials, including but not limited to negatives, transparencies, proofs, videos, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client with 2 weeks of the session. When the online proofing gallery is delivered, it shall remain open for 30 days from delivery date. Be advised that RAW files may be destroyed at any time after the online gallery has closed.

3b.Copyright and Reproductions. PLEASE READ: The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer's website, social media platforms and/or studio. If the Photographer desires to make other uses, the photographer shall not do so without first obtaining the written permission of the Client. 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.

4.Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client's prints are for personal use only and shall not be submitted to contests, Up for sale or reproduced for commercial use and or authorize any reproductions by parties other than the photographer. the Client must act in accordance with this release.

5.Social Media. The Client may share blog post links, Instagram posts, and Facebook albums though use of the share functions and dissemination of direct links, or in any other fashion the photographer provides. Client shall not copy, screenshot, or capture the photographs in any other fashion (ex. Saving or screenshotting on Facebook/ Instagram). Client must credit/tag @guznenkova in any posts or shares of their own.

6.Capturing Desired Photographs. The Client(s) will be responsible for designating an Event Guide, if desired. The Photographer will NOT be held accountable for not capturing desired photographs if there is no one to assist in identifying or gathering people/items/locations for the photograph(s). The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Valeriia Guznenkova is not responsible for key individuals' failure to be present or to cooperate during photography session, neither for missed images due to details not revealed to Valeriia Guznenkova.

7.Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire casualty, strike, unsafe environment, threat, act of God or causes beyond the control of the Photographer, the Photographer will not be held liable for missing scheduled session coverage. Photographer will arrive to the session at the best of their abilities. If coverage and photographic services cannot be fulfilled by Valeriia Guznenkova or a replacement chosen at the discretion of the Photographer, 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 camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.

The limit of liability shall not exceed the contract price stated herein. Valeriia Guznenkova will not be held responsible for any ruined photographs due to any cause in or outside Valeriia Guznenkova's control.

8.Substitute Photographer. The Photographer reserves the right to substitute with another photographer in the case of failure to perform as stated above. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

9.Limitation of Complaint. Client will have thirty days after gallery delivery to make Valeriia Guznenkova aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents. After this 30-day term has expired, Valeriia Guznenkova will no longer be liable to client for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made if deemed appropriate by Valeriia Guznenkova but the hourly fee of $50 for retouching will be billed with a minimum of one hour required.

10.Indemnification. The photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.

11.Miscellany. This agreement incorporates the entire understanding of the parties. Any modifications of this Agreement 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 Agreement.

NO REFUNDS ON DEPOSITS ARE ALLOWED WHEN DATE IS BOOKED WHICH IS A $100 DEPOSIT.

RESCHEDULES/CANCELLATIONS MUST BE NOTIFIED 72HRS IN ADVANCE.

To confirm your booking and acknowledge acceptance of this contract, please sign, date, and return with the retainer to Valeriia Guznenkova. It is recommended you print a copy for your records.

Contact:

Valeriia Guznenkova

(323)788-4050