It is understood that Ella Bar Photography is the exclusive official photographer retained to perform the photographic services requested on this Contract.

Ella Bar Photography may substitute another photographer to take the photographs in the event of Ella Bar Photography's illness or of scheduling conflicts. In the event of such substitution, Ella Bar Photography warrants that the photographer taking the photographs 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 cancelled reservation, all sitting fees and deposits are non-refundable, even if the portrait is rescheduled or cancelled for any reason.

Liability:
Ella Bar Photography is not responsible for any injuries inflicted upon any participating parties. Client(s) 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, and volunteers, land owners, property owners, building owners and anyone associated with ownership and/or management of 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 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 this activity, 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.

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 hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Ella Bar Photography, Ella Bar, employees and/or volunteers, representatives, agents, and the activity holders, sponsors, and volunteers, land owners, property owners, building owners and anyone associated with ownership and/or management of location of photography and/or videography.

   (B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this, and the above paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
I acknowledge that Ella Bar Photography and their directors, officers, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers, land owners, property owners, building owners and anyone associated with ownership and/or management of location of photography and/or videography are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.

I acknowledge that this activity may involve a test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, wildlife, livestock and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers.

I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.

The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

If Ella Bar Photography can not 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’s illness or emergency, then the photographer shall return any deposit or sitting fee to the client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the photographer. In the event that Ella Bar Photography fails to perform for any other reason, Ella Bar Photography shall not be liable for any amount in excess of the retail value of the Client’s order.

The charges in the Contract are based on the Ella Bar Photography's pricing list. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

All additional fees will be adjusted once session has been completed.