Terms
General Terms Applicable to All Sessions
This Agreement is made between Ella Bar Photography LLC (“Photographer”) and the undersigned (“Client”) for photographic services. A non-refundable retainer and signed Agreement are required to reserve any session date. Remaining balances must be paid in full prior to delivery of any images or products.
Ella Bar Photography is the exclusive photographer for the scheduled session. Photographer may provide a qualified substitute in the event of illness, emergency, or scheduling conflict. Digital files, negatives, and previews remain the sole property of Ella Bar Photography.
The Photographer retains the irrevocable right to use images from paid sessions for portfolio, website, advertising, editorial, competition, or other lawful promotional purposes without additional compensation. For complimentary or unpaid sessions, usage requires a signed model release at Photographer’s discretion.
Client warrants they have authority for all persons photographed and shall indemnify Photographer against any claims arising from image usage. Client accepts all responsibility for personal safety and supervision of minors or guests present during the session. Client releases and holds harmless Ella Bar Photography, its employees, representatives, property owners, and vendors from any injury, loss, or damage occurring during the session or on studio premises.
If performance is prevented due to fire, casualty, equipment failure, act of God, medical emergency, or causes beyond Photographer’s control, all payments received shall be refunded as sole remedy. Liability for any lost or damaged images is limited to the value of the Client’s order. Prices are based on current rate sheets and are subject to change for future orders.
One reschedule is permitted with a minimum of seventy-two (72) hours advance notice. Retainers remain non-refundable under all circumstances.
Category Specific Terms
Maternity Sessions
Session includes guided posing and access to wardrobe. A partner and/or children may be included when specified in the selected package. Client acknowledges modesty expectations and agrees to communicate comfort levels in advance.
Family Sessions
Includes parents and their children. Additional relatives or guests must be discussed in advance and may incur additional fees. Parent/legal guardian consent is required for all minors.
Fashion, Beauty & Portrait Sessions
Client understands these sessions are inherently promotional and grants full commercial usage rights to Photographer for display and advertising. Client waives rights to inspect or approve final imagery.
E-Commerce / Product Photography
All commercial usage rights are granted upon full payment for services. Client is responsible for arranging drop-off or shipping of products, including prepaid return labeling. Standard delivery is up to seven (7) business days from receipt of products; complex or high-volume requests may require additional time. Photographer is not liable for loss or damage to shipped merchandise beyond standard handling care.
Christmas Sessions
Two session types are offered:
Christmas Mini Session – 15 Minutes
Short, themed holiday experience. Due to seasonal scheduling demands, no rescheduling or refunds are available for Mini Sessions. Late arrival results in loss of shooting time.
Christmas Full Session – 40 Minutes
Includes multiple backgrounds and greater flexibility. Standard Family Terms apply, including one (1) reschedule with 72-hour notice.
Holiday turnaround schedule will be communicated at booking based on seasonal deadlines.
Liability
Ella Bar Photography LLC 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 LLC, 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.
I understand that photography sessions may involve the use of studio lighting, props, backdrops, furniture, and other equipment.
I hereby release Ella Bar Photography, its owners, employees, and agents from any and all liability, injury, loss, or damage to property that may occur during the session, whether on or off studio premises.
I assume full responsibility for myself, my children, and any guests I bring to the studio, and I agree to follow all safety instructions and studio policies provided by the Photographer.
If Ella Bar Photography LLC 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 LLC 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.
