Photography Services Agreement


Photography Session at the Farm & Animal Interaction Waiver

For sessions held at Shannon Leigh Photography


By booking a session, I acknowledge and agree to the following:

Assumption of Risk

I understand that this photography session takes place on private farm property that may include uneven ground, mud, fencing, insects, farm equipment, and interactions with animals including but not limited to chickens, goats, cows, ducks, donkeys, and other livestock. I voluntarily assume all risks associated with being on the property.

  1. Animal Interaction
  2. I understand that touching, feeding, petting, or being near animals carries inherent risks, including scratches, bites, kicks, falls, allergic reactions, or unexpected animal behavior. I agree to closely supervise all children in my party at all times.
  3. Release of Liability
  4. I release and hold harmless Shannon Leigh Photography, the property owners, employees, assistants, and representatives from any and all claims, injuries, damages, losses, or liabilities arising from participation in the photography session or interactions with animals on the property, except in cases of gross negligence or intentional misconduct.
  5. Property Rules
  6. I agree to follow all instructions given during the session, remain in designated areas, and avoid entering animal enclosures or restricted areas unless directed by the photographer.
  7. Health & Safety
  8. I acknowledge that animals may carry allergens, dirt, hay, or bacteria common to farm environments. I accept responsibility for determining whether participation is appropriate for myself and my family.
  9. Photo Permission (Optional)
  10. I give permission for images from this session to be used by [Your Business Name] for portfolio, website, and social media marketing. If I do not give permission this must be STATED BY THE CLIENT IN ADVANCE.
  11. Damage Responsibility
  12. Clients are responsible for any intentional damage caused to property, props, fencing, or animals by members of their party.

 

Image Hosting & File Retention

I am committed to delivering a smooth and professional gallery experience. Please review my image hosting and retention policy carefully.

 

Online Gallery Hosting

Your online gallery will remain active for 3 months (90 days) from the delivery date. During this time, you may view, download, share, and order prints directly from your gallery.

 

After 3 months, the gallery will expire and may no longer be accessible.

 

File Retention & Download Availability

All final edited digital images are retained by the studio for up to 1 year from your gallery delivery date. Clients may request a gallery reactivation within that one-year window if files are still archived.

 

After 1 year, image files are permanently removed from studio storage and are no longer available for download, re-delivery, or purchase. The studio is not responsible for maintaining or storing image files beyond this timeframe.

 

Client Responsibility

It is the client’s responsibility to download all purchased images before the gallery expiration date and to back up files in multiple locations (external hard drive, cloud storage, etc.). I strongly recommend creating at least two backups to ensure long-term preservation of your images.

 

Due to the high volume of sessions photographed each year, I am unable to guarantee long-term archival storage.

 

Fees and Payment

Fees

Client acknowledges and agrees that the retainer amount listed on invoice or online is due upon the signing of this Agreement and is not refundable unless otherwise stated, so as to fairly compensate Photographer for committing his/her time to provide the Services and turning down other potential projects or clients.

Artistic Release

Consistency

Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.

Style

Client acknowledges and agrees that:

  • Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style
  • Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and
  • Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Ownership of Work Product by Photographer

Ownership of Work. Photographer will own all right, title and interest in all Work Product. Client (on behalf of itself and any attendees or participants at the photo shoot) hereby grants Photographer and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by Client or attendees, during the performance of the Services, that may be protected by copyright or any intellectual property rights (“Client Materials”) as part of any Work Product or in connection with the marketing, advertising or promotion of Photographer’s services, including in connection with Photographer’s studio, portfolio, website or social media, in any format or medium. Client acknowledges and affirms that no other person or entity has any rights that may prevent or restrict Photographer from using Client Materials as provided herein.

Limited License to Client

Personal Use. Photographer hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Work Product for Client’s Personal Use, provided that Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product. “Personal Use” includes, but is not limited to, use (i) of photos on Client’s personal social media pages or profiles; (ii) in Client’s personal creations, such as scrapbooks, albums or personal gifts; (iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter, email, or holiday card. Client will not make any other use of the Work Product without Photographer’s prior written consent, including but not limited to use of the Work Product for commercial sale.

 Indemnity and Limitation of Liability

Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product Photographer provides to Client.

Force Majeure. Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed (other than the Retainer) shall be returned within 15 days of the date of termination of the Agreement.

Failure to Deliver . Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for Work Product that fails to meet the specifications set out in Section 1.1 due to the actions of Client or attendees or participants at the photo shoot that are beyond the control of Photographer (e.g., camera flashes).

Maximum Liability. Notwithstanding anything to the contrary, Client agrees that Photographer’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement.

General

Governing Law. This Agreement will be governed by the laws of Massachusetts.

Amendment. This Agreement may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.

Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.

Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.


By booking a session, you acknowledge and agree to this policy.