Terms
Ella Bar Photography – Terms and Conditions
It is understood that Ella Bar Photography is the exclusive official photographer retained to perform the photographic services requested under this Contract.
Ella Bar Photography may substitute another photographer to take the photographs in the event of Ella Bar Photography’s illness or scheduling conflicts. In such an event, Ella Bar Photography warrants that the substitute photographer shall be a competent professional.
No part of any order, including previews, will be delivered until the balance is paid in full.
Ella Bar Photography reserves the right to use images created under this contract for advertising, display, publication, or other purposes. The client signing this contract warrants that he/she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend Ella Bar Photography in the event of litigation arising out of such use. Negatives, digital files, and previews remain the exclusive property of Ella Bar Photography.
Upon signature, Ella Bar Photography shall reserve the time and date agreed upon. Unless the studio is able to fully replace the canceled reservation, all sitting fees and deposits are non-refundable, even if the portrait is rescheduled or canceled for any reason.
Product Photography Policy
For all product photography sessions, the Client is responsible for either dropping off and picking up the product(s) at Ella Bar Photography’s studio or shipping the item(s) to the studio along with a pre-paid return shipping label. Turnaround time for product photos is up to seven (7) business days from the date the product is received. Complex or high-volume projects may require additional time, which will be communicated to the Client in advance.
Liability
Ella Bar Photography is not responsible for any injuries inflicted upon any participating parties. Clients will be responsible for their children and for themselves and release Ella Bar Photography, employees and/or volunteers, representatives, agents, and the activity holders, sponsors, volunteers, land owners, property owners, building owners, and anyone associated with ownership and/or management of the location of photography and/or videography from any claims against their person or their business.
I HEREBY ASSUME ALL THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS EVENT, including but not limited to 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 this activity, and have not been advised against participation by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity. In consideration of my application and permitting me to participate in this activity, I hereby act 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 occur to me, including travel to and from this activity, the following: Ella Bar Photography, Ella Bar, employees and/or volunteers, representatives, agents, the activity holders, sponsors, volunteers, land owners, property owners, building owners, and anyone associated with the ownership and/or management of the location of photography and/or videography.
(B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the aforementioned parties from any and all liabilities or claims made as a result of participation in this activity, whether caused by negligence or otherwise. I acknowledge that Ella Bar Photography and its representatives are not responsible for the errors, omissions, acts, or failures to act of any party conducting a specific activity on their behalf.
I understand that this activity may test a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. Risks may include, but are not limited to: terrain, facilities, temperature, weather, participant condition, equipment, vehicular traffic, lack of hydration, wildlife, livestock, and actions of others (participants, volunteers, monitors, producers). These risks apply to both participants and volunteers.
I consent to receive medical treatment deemed advisable in the event of injury, accident, and/or illness during this activity.
This Accident Waiver and Release of Liability Form shall be interpreted broadly to provide a release and waiver to the maximum extent allowed under applicable law.
If Ella Bar Photography cannot perform this contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to photographer illness or emergency, any deposit or sitting fee shall be returned to the Client, but Ella Bar Photography shall have no further liability under the contract. This limitation also applies in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise damaged or lost without fault of the photographer.
In the event that Ella Bar Photography fails to perform for any other reason, liability shall be limited to the retail value of the Client’s order.
The charges in this contract are based on Ella Bar Photography’s pricing list in effect at the time of booking. This list is subject to change. Any future orders will reflect the updated prices at the time of ordering.
All additional fees will be finalized once the session is completed.
