Pet Photography Agreement

    This contract (referred to as “Contract”) is between Porla & Pine LLC, (referred to as either “Porla & Pine”, “We” or “Photographer”) and client as named above, (referred to as “Client” or “You”) for services to be provided as described below as it relates to your pet, (referred to as your “Pet”) and collectively referred to as the “Parties”. Your Pet is considered property.

    1. Session Fee:
    The session fee is due the day after your consultation. This session fee includes a one-time pre-phone consultation, a one-time photo session and an ordering session only (referred to as the “Photo Session”). Depending on what package You select, the session fee may also include photography products. The session fee is non-refundable and can only be used for services agreed upon by Porla & Pine and You on the originally scheduled date. In the event You need to re-schedule or cancel this date, your session fee will be honored for one (1) year from the day You sign this Contract.

    2. Attendees:
    Only the Pet owner(s) and subjects being photographed may attend the Photo Session. We ask You to kindly adhere to any instructions from the Photographer and to refrain from interfering with the Photographers work. NO PHOTOGRAPHING OR FILMING OF ANY KIND IS PERMITTED DURING THE SESSION.

    3. Pricing:
    Attached and incorporated herein, is the Porla & Pine pricing guide. By signing this Contract, You agree, You have received and read the Porla & Pine pricing guide. Pricing is adjusted periodically and may change without notice. Orders placed during the ordering session shall be charged at the prices posted, at the time this Contract was signed. Future orders shall be charged at the price in effect, at the time the order is placed.

    4. Ordering prints and products:
    Prints and products must be ordered during the in-person ordering session, therefore, please make sure all decision makers are present at this session. All prints and products will be paid for in full at the time You place your order, unless a payment plan agreement has been signed. All payments are final and non-refundable. If You are not satisfied with your prints and/or products, please notify Porla & Pine immediately upon delivery or at the latest within 48 hours after delivery and We will, on a one (1) time courtesy basis only, replace your prints and/or products, from the selection of pre-taken shots taken at the Photo Session.

    5. Liability:
    If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of photos meeting the artistic standards of the Photographer, the Photographer may elect to use an alternate location or to reschedule the Photo Session.

    If Porla & Pine cannot perform this Contract due to fire or other casualty, act of God, or other cause beyond the control of Porla & Pine, or due to illness or emergency of the Photographer and rescheduling is not possible, within a one (1) year period from the date of the originally scheduled date, Porla & Pine shall return the session fee (or the portion that was paid), subject to section 1 of this Contract, to You and shall have no liability with respect to the Contract. This limitation on liability shall also include but not be limited to photographic materials that 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 Porla & Pine fail to perform for any other reason, Porla & Pine shall not be liable for any amount in excess of all monies paid.

    Client represents that the Pet(s) has not been exposed to rabies or distemper, has not been ill with any communicable condition within a 90 day period prior to the Photo Session, is/are in good health and is/are current on required vaccinations.

    Client agrees to disclose any behavioral or aggression issues prior to the Photo Session. Client understands that he/she is solely responsible for any harm caused by his/her Pet, to any person, other animals, or property, while the Client's Pet(s) is/are attending the Photo Session. If the Client’s pet(s) should bite or harm another person or animal, or spread any illnesses to other dogs, the owner will be responsible for all damages incurred to the other person alleging injury or damage.

    It is the Client’s responsibly to back up any digital files that are purchased or received. Porla & Pine shall not be held liable for loss or destruction of files, prints or products once they have been received by the Client.

    Client shall be responsible and fully liable as it relates to third party participants as follows: for purposes of this Contract, any liability, arising from or related to this Contract, including but not limited to any acts, omissions, injuries and damages arising out of or related to third party participants during anytime whatsoever, including but not limited to, prior to, during or subsequently thereafter the Photo Session and including for their personal property.

    Client hereby forever releases, discharges, and agrees to hold harmless, release and indemnify Porla & Pine and all persons acting under the permission or authority of Porla & Pine, from any liability whatsoever, including but not limited to, any damages, that may arise or result from the Photo Session, including but not limited to; injury or damage arising out of or relating to any meetings with Client and third party participants and with Client’s Property or with property belonging to third party participants, Delivery of any products by Photographer; personal injury to Client, to a third party participant(s), to an innocent by-stander, to property owned by an innocent bystander, property damage including but not limited to my Pet(s) and those of any participants, involved in the Photo Session.

    6. Reprints:
    Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Porla & Pine has no liability whatsoever on the quality of prints or product reproduced by the Client from digital files purchased from or provided by Porla & Pine. It is recommended when displaying or storing prints to use archival materials whenever possible and avoid placing any products in direct sunlight or in a humid environment.

    7. Pet Photography Release:
    Those individuals who will be included in the Photo Session, shall be required to execute a Pet Photography Release, a copy of which is provided as an attachment to this Contract, and once executed, shall be deemed to be a part of this Contract, and all terms and conditions set forth in this Contract shall be deemed, fully set forth in the attached Pet Photography Release(s).

    Client hereby grants to Porla & Pine LLC, or its successor in interest, the absolute and irrevocable right and unrestricted permission with respect to the use of all photographic portraits or pictures taken of Clients Property, Pet(s) and Client; to copyright the same in Porla & Pine LLC’s own name; or otherwise use, re-use, publish, and re-publish the same, in whole or in part, individually or in any and all media, now or hereafter known, and for any purpose whatsoever, for illustration, promotion, art, editorial, advertising and trade, or any other purpose whatsoever, without restriction as to alteration; and to use Client’s name and name of said Property, or a fictitious name in connection therewith. Client waives any right to royalties or other compensation arising from or related to the use of the photographs as set forth herein. Client, it’s heirs, legal representatives, licensees, and assigns, do hereby forever, release, discharge, hold harmless and indemnify, Porla & Pine LLC, its, employees, independent contractors, heirs, assignees, legal representatives and all those working for and with Porla & Pine, LLC and its successor in interest, from any and all claims and demands arising out of or in connection with any and all photographs, portraits, prints, including without limitation, any and all claims for libel or invasion of privacy.

    8. Copyright
    All images, original and processed, remain the sole property of Porla & Pine. It is ILLEGAL to copy or reproduce photographs or videos, either physically or digitally, without the Photographer’s permission. Violators of this Federal Law will be subject to its civil and criminal penalties. All images, both physical and digital when purchased or provided to You are for personal use only. No commercial use by the Client is permitted under this contract, including but not limited to resale, promotion of personal business or use in contests or exhibitions. If You choose to purchase digital files, You will receive a Limited Copyright License that grants You the right to reproduce the images covered by the license for personal use.

    9. Governing Law.
    This Agreement shall be construed in accordance with, and this Agreement and all matters arising out of or relating in any way whatsoever (whether in contract, tort or otherwise) to this Agreement shall be governed by, the laws of the State of California.

    10. Arbitration.
    Any controversy, dispute or claim between the parties relating to this Agreement or the transactions contemplated hereby, including any claim arising out of, in connection with, or in relation to the formation, interpretation, performance or breach of this Contract, shall be settled exclusively by Arbitration, before a single Arbitrator, and the then most applicable rules of the Judicial Arbitration Mediation Services in Orange County (JAMS/ENDISPUTE). Such arbitration shall be administered by the JAMS/ENDISPUTE. Arbitration shall be the exclusive remedy for determining any such dispute, regardless of its nature. The Arbitrator shall render an award and written opinion, and the award shall be final and binding upon the Parties.

    11. Severability:
    If any provision of this Contract shall otherwise contravene or be invalid under the laws of any state, country or other jurisdiction where this Contract is applicable but for such contravention or invalidity, such contravention or invalidity shall not invalidate all of the provisions of this Contract but rather it shall be construed, insofar as the laws of that state or other jurisdiction are concerned, as not containing the provision or provisions contravening or invalid under the laws of that state or jurisdiction, and the rights and obligations created hereby shall be construed and enforced accordingly.

    12. Attorneys' Fees:
    If any Party brings an action or proceeding arising out of or relating to this Contract; the non-prevailing Party shall pay to the prevailing Party all reasonable fees and costs incurred in such action or proceeding, including attorneys' fees and costs and the fees and costs of experts and Consultants.

    13. Amendments and Writings:
    The provisions of this Contract may not be altered, amended, or repealed, in whole or in part, except by the written consent of all Parties.

    14. Entire Agreement:
    This Contract constitutes the entire agreement among the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, both written and oral, among the Parties with respect to the subject matter hereof.

    15. Digital signature:
    This Contract incorporates the entire agreement and understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. This contract may be signed electronically. If the Client signs this Contract electronically, the Client shall also deliver an original copy to the Photographer, but failure to deliver an original executed copy shall not affect the validity, enforceability, and binding effect thereof. I agree to the terms of this contract.

    This will serve as my digital signature.

    [signature* signature-959 attachment]

    CLIENT: