Photography Services Agreement

Effective Date: May 1, 2024

This Photography Services Agreement ("Agreement") forms a binding contract between Yosemite’s Golden Photography ("YG," "us," “we,” or "our") and the individual or entity ("Client," "you," or "your") purchasing the photography services ("Services") specified in an applicable order form, invoice, or other written format agreed to between the parties (“Order").



1. Our Services

We will perform the Services for the Session described in an Order, and each Order will be incorporated into and subject to all of the terms and conditions contained in this Agreement as may be supplemented by additional documents. A photography "Session" includes up to the number of hours, digital photos, locations, outfit changes, and other specifications listed in an applicable Order. We are not responsible for Services in excess of those specified in an Order. If additional time is required to complete the Services specified in an Order through no fault of your own, we may provide additional time and Services at our discretion. If additional time is required due to delays during the Session, such as delays related to additional outfit changes, disturbances by guests, or participants showing up late, then we may provide additional time and Services, subject to our availability and discretion, at the hourly rate specified in your Order. Hourly services will be invoiced to you in 15-minute increments, and payment is due prior to us providing you with access to your Online Gallery (defined below) or otherwise delivering your photos to you.



2. Booking Fee

You must pay the non-refundable booking fee specified in an Order upon scheduling a Session (“Booking Fee”). The Services are not confirmed unless and until the full Booking Fee is received by us. An additional Booking Fee may be required if you request changes to the Services, such as changing the location or ordering additional Services, in the amount specified at the time of our acceptance of the changes. The Booking Fee is non-refundable and non-cancellable upon executing an Order except in the limited situations specified in this Agreement. Except as otherwise provided in this Agreement, the Booking Fee will be applied toward the Photography Fees (defined below).



3. Photography Fees

The fees for the Services are specified in each Order (“Photography Fees”). Access to your Session photos will not be provided until all Photography Fees are paid in full. Payments can be made as specified in an Order or agreed to by us. Photography Fees do not include taxes or governmental assessments, such as value-added, sales, or use taxes. If we are required to withhold or pay any taxes in connection with the Services, you acknowledge that the Fees may be increased, or we may invoice you for such taxes. If you request Services that are not included in the initial Order, such Services will be subject to the then-current Photography Fees at the time the additional Services are requested.



4. Location

Your Session will occur at the location specified in your Order or, if not specified at the time of Order execution, at the location mutually agreed to no later than 14 days prior to the scheduled Session date. Sessions may be conducted at any location provided in our Location Guide for no additional fee. Locations not included in our Location Guide may be scheduled at our discretion and may be subject to an additional “Scouting Fee.”



5. Start Time

The Session will occur on the date and time specified in your Order, and you are expected to show up on time and prepared. We will provide a courtesy 15-minute grace period, after which you will be considered a “No-Show,” and the Session will be canceled with no refund or credit. If you are late to a Session, whether or not within the 15-minute grace period or if the delay is agreed to by us, no additional time will be added to the end of the Session. If the Services cannot be completed in the remaining time, then either: (1) we may reduce the Services specified in an Order commensurate with the time available; or (2) the time may be extended, subject to our availability and additional Photography Fees.



6. Rescheduling

You may reschedule a Session 1 time by notifying us by email during the “Rescheduling Window” specified in your Order for no additional fee. Subsequent rescheduling requests or Sessions rescheduled outside the Rescheduling Window are subject to the Rescheduling Fee specified in your Order. Sessions canceled after the “Last Reschedule” time in an Order are considered a “No Show,” and no refunds or credits will be provided. Following cancelation, we will notify you of our available dates, and you must respond within 3 days of our notice, otherwise, you must rebook the Session, and any prepaid Photography Fees for the canceled Session will be forfeited.



7. No-Shows

If all participants in a Session do not show up within 15 minutes of the scheduled start time or if you fail to timely reschedule a Session, you will be considered a “No-Show.” For No-Shows, the Session will be considered complete, and the total Photography Fees for the Session will be due or withheld by us with no refund or credit of any kind, and we are under no obligation to reschedule the Session. We ask that you communicate with us if you do not believe that all participants will arrive within 15 minutes of the scheduled start time, and the photographer may agree to delay or extend the Session at their discretion and subject to their availability.



8. Cancelation

Either party has the right to suspend or cancel a Session at any time and for any reason. If we cancel a Session for any reason that is not your fault and which is not otherwise specified in this Agreement, then our sole obligation and your exclusive remedy is a refund of all Photography Fees paid for the canceled Session. If you cancel a Session for any reason that is not justified under the express terms of this Agreement, then you agree to pay us any remaining and unpaid Photography Fees and agree that any prepaid amounts are non-refundable.



9. Artistic Style

We will use reasonable efforts to ensure your desired Services are produced in a style and manner consistent with the photographer's current portfolio, and the photographer will try to incorporate any reasonable suggestion made by you. However, you understand and agree that: (i) every client and session is different, with different tastes, budgets, and needs; (ii) photography services are a subjective art, and we have a unique vision with an ever-evolving style and technique; and (iii) we will use artistic judgment when providing Services for you, which may vary from your suggestions. We have the final say regarding the aesthetic judgment and artistic style of the Services, and dissatisfaction with our aesthetic judgment or artistic style is not a valid reason for terminating the Services or requesting any refunds or credits.



10. Editing

The Services include “Retouching” of up to the number of photos specified in your Order. “Retouching” means using Adobe Photoshop® or other programs to digitally enhance images in the following manner: blemish removal, whitening teeth, whitening the subjects’ eyes, and adjusting the color, contrast, and brightness. Any additional editing is considered “Enhanced Editing” and is subject to additional Photography Fees. Retouching is limited to the photos taken during the Session, and we are not responsible for reshooting if you are not satisfied with the available photos. We will edit photos at our discretion according to our artistic style and ability and have no further editing obligations after final delivery.



11. Delivery

We will strive to make photos from your Session available to you through the Online Gallery (defined below) or as otherwise provided in your Order within the time period specified in your Order. Expedited delivery may be available for an additional fee. We have sole discretion in selecting the photos to show you from your Session and are under no obligation to show more. If an “Online Gallery” is specified in your Order, photos will be shared with you via a secure online gallery (“Online Gallery”). We use Pic-Time™, a third-party hosting service, as our Online Gallery. By accessing the Online Gallery, you agree to the Online Gallery’s terms of service, privacy policy, and other related agreements. The Online Gallery is provided "As-Is," and you expressly relieve us from any liability arising from any unavailability, unauthorized disclosure, corruption, or destruction of your photos by the Online Gallery. Under no circumstances will we be liable for any indirect, special, incidental, punitive, or consequential damages arising from your use or inability to use the Online Gallery. Your photos will be available on the Online Gallery for the time specified in your Order or, if not specified, 30 days from delivery. You may request more time, subject to additional Photography Fees.



12. Photography Products

Our Online Gallery may provide the option to print photos and create merchandise from your photos (“Photography Products”). Photography Products purchased via the Online Gallery are provided by the third-party provider specified on the Online Gallery. We do not guarantee or promise that the Photography Products purchased via the Online Gallery will be satisfactory or error-free. All purchases of Photography Products are solely between you and the applicable third-party provider, and we are not responsible for processing payments, issuing refunds, or resolving any other dispute. By purchasing Photography Products through the Online Gallery, you expressly agree to the terms of service, privacy policy, and any other agreements specified at the time of purchase and relieve us of any liability whatsoever. 



13. Use of Photos on Social Media

You may post the final photos delivered to you to any social media platform, provided that: (i) only the final photos may be posted, and any unedited proofs cannot be shared without our express permission; (ii) you may not alter the photos in any way, such as by cropping, adding filters, removing our logo or other proprietary notices, or making any other changes to the photos; and (iii) you give us credit for the photos by tagging us and adding a caption or comment in the main body of the post stating “© Yosemite’s Golden Photography.” For accurately tagging us in your posts, you may contact us or use the handle(s) provided in your applicable Order. We reserve the right to object to any social media posts or any other use of our photos by you at any time at our sole discretion by communicating such objections to you. In that event, you agree to immediately remove and/or modify the photos as requested by us. You acknowledge that your failure to comply with our reasonable instructions may result in termination of your license to use the photos and that we may contact that applicable social media platform provider to take action on our behalf.



14. Archival and RAW Files

Upon receipt of the digital files, you accept all responsibility for archiving and protecting the photos. We have the right, but not the obligation, to permanently archive files. We are not responsible for the lifespan of any digital media or for any future technology changes that might result in an inability to read the formats and medium provided. It is your responsibility to make sure that digital files are copied to new media as required. Unless otherwise agreed in writing, we do not make RAW files available. If we agree to provide RAW files, the delivery may be subject to additional Photography Fees.



15. Cooperation

You must provide us with all reasonably requested information, direction, cooperation, and approvals to enable us to provide the Services. You understand that failure to provide timely assistance and information as requested by us could result in delays or degradation in the Services, and we are not liable or responsible for such delays.



16. Expenses

If the Session will occur at any location not included in our Location Guide, you are responsible for acquiring and paying for any and all permits and necessary permissions for the location where we will provide the Services. We may bring props and other items for use in the Session at our discretion or as specified in an Order. If you wish to bring or use additional props during the Session, the costs for such props are entirely your responsibility and you must provide a description of the props to us prior to the start of the Session.



17. Outfit Changes

The time allocated for a Session is based in part on the number of outfits specified in your Order. You may choose to bring additional outfits beyond the number specified in an Order, but you acknowledge and agree that the amount of time it takes to change into the outfits will count toward the total amount of time specified for the Session. We are not responsible for a reduced number of photos provided for your Session in the event there is not enough time to complete the Services due to outfit changes. If additional time is required, you may add additional time to your Session to account for outfit delays, subject to our availability and approval, as well as payment of additional Photography Fees.



18. Gifting

If you have been gifted the Services, you understand that communicating with third parties can be time-consuming and lead to disagreements or confusion over the services' conduct. As such, we will only communicate with the person providing the gift for matters involving payment. All other communication and direction will be made directly with you. This does not apply to Sessions involving children, people with special needs, or other extenuating circumstances, as determined at our reasonable discretion. 



19. Pets

You are fully responsible for any pets that you bring to a Session, and we assume no liability or responsibility for their cooperation or behavior. You must provide appropriate restraining devices for any pets, including a secure leash and crate, as appropriate, to prevent the pet from interfering with the Session or people at the Session. You promise that any pets are in good health and do not have a history of violent behavior toward humans. You are required to appropriately remove any pet waste that occurs at the Session. We are not responsible for any delays in the Services resulting from uncooperative or disruptive pets. You agree to indemnify and hold us harmless from any costs or damages related to your pet, including, without limitation, any personal injury to YG personnel or any third party.



20. Payment Processor

All online payments are processed through our third-party payment processor, Honeybook®. We do not store financial information, such as credit or bank information, or any other information by which a charge can be made. By using Honeybook, you agree to their separate terms of service and/or privacy policy. We are not responsible for resolving any dispute, support request, penalty, or other issues that may occur between you and Honeybook.



21. Unfavorable Conditions

At our discretion, we may cancel a Session if we believe that weather or other conditions will impact the ability to provide the Services or if we believe that conditions create a reasonable risk to the health or safety of you, us, or our equipment. We will attempt to notify you as soon as possible at the email address and/or phone number listed in your Order. DO NOT ASSUME A SESSION IS CANCELLED UNLESS AND UNTIL WE TELL YOU OTHERWISE! IF YOU DO SO, YOU WILL BE CONSIDERED A “NO-SHOW” AND WILL LOSE YOUR NONREFUNDABLE BOOKING FEE.



22. Illness

Please notify us as soon as possible and AT LEAST 4 HOURS PRIOR TO SESSION START TIME if anyone in your party is sick or exhibiting any symptoms (cough, runny nose, sore throat, body aches, fever, nausea, gastrointestinal upset-related symptoms). If you or a member of your party is sick during a Session, we reserve the right to reschedule the Session and/or delay delivery of your photos if our photographer becomes ill following the Session.



23. Inappropriate Behavior

You are responsible at all times for the behavior of you and your participants and guests. We reserve the right to cancel a Session without refund if, at our discretion, you or your guests exhibit inappropriate behavior. Inappropriate behavior includes, without limitation, threatening physical or verbal harm towards any YG Personnel or other participants, comments or gestures that may be considered lewd or sexual in nature, requesting, directly or indirectly, the performance of inappropriate or illegal acts, or any other behavior that we determine to be inappropriate.



24. No Outside Photography

You understand that no outside photography is permitted during the Session unless expressly agreed by YG. If you or anyone else attempts to take pictures during a Session, we reserve the right to suspend or cancel the Session without a refund.



25. Failure to Perform

We are not liable for canceled or incomplete Services due to weather, illness, emergency, fire, casualty, strike, unsafe environment, threat, the act of God, or causes beyond our reasonable control. If we cannot provide all Services specified in an Order, we may select a subcontractor to fulfill the Services. If neither we nor a subcontractor can perform the Services within 90 days of the scheduled Session date, we will return your Booking Fee, if applicable. If we cannot deliver the photos due to technological malfunctions, including, without limitation, camera, hard drive, computer, or equipment malfunctions that result in lost or damaged photos, we will return all Photography Fees related to the lost or damaged photos. If we determine that all or a portion of the photos are lost, damaged, or otherwise unusable for reasons other than your fault, we will refund you a prorated portion of the Photography Fees for the applicable photo(s) that are lost or unusable. A prorated refund shall be our sole liability and your exclusive remedy for our failure to provide the Services as agreed upon in an Order.



26. Failure to Pay Fees

If any Photography Fees are not received when due, then, in addition to the other rights and remedies available and at our discretion, we may: (i) cease providing the Services until all undisputed amounts are paid; and/or (ii) levy the maximum late fee permitted by law from the date the payment was due until the date paid. You agree to reimburse us for all reasonable costs incurred in collecting any late payment or interest, including court costs and reasonable attorneys’ and collection agency fees. We are not liable for any losses incurred by you related to your failure to pay any Photography Fees. Returned checks will be assessed a $50 non-sufficient funds fee, and we reserve the right to require future payments by cashier's check.



27. Term and Termination

The term of this Agreement commences upon your execution of an Order for Services and continues until the Services are completed. Either party may terminate this Agreement prior to completion of the Services if the other party breaches this Agreement and such breach continues beyond 14 days beginning on the written notification by the non-breaching party. This Agreement will survive and continue to apply for all Services provided prior to termination.



28. Model Release

You hereby grant us the non-exclusive right and license to photograph you and to edit, use, and reproduce your image, performance, and physical likeness (including negatives, finished pictures, proofs, transparencies, copies of the original prints and negatives, and reproductions), as well as your personal information, including, without limitation, your name and biographical information (individually and collectively, your "Likeness"), in whole or in part, and on a perpetual and worldwide basis. You specifically agree that your photos may be altered or modified by us without restriction, including without limitation, by traditional or digital photographic techniques, including creating composite, blurred, or distorted representations, retouching, and changing color, perspective, foreground, size, shape, context, or background. Notwithstanding the foregoing, our use of your photos and Likeness is limited according to the ‘Portfolio Rights’ Section below.



29. Proprietary Rights

Conditioned upon payment of all Photography Fees, we agree to grant you, in perpetuity and throughout the world, the non-exclusive, royalty-free, non-sublicensable, and non-transferable right and license to your photos solely in the form as delivered by us for your personal and noncommercial use only. We retain all rights, title, and interest in and to the photos and reserve all rights not granted to you under this Agreement. You acknowledge that you have no right to modify, alter, or create derivative works of the photos and may not remove any logos, trademarks, or other source of origin from the photos. You further acknowledge that the photos are protected by U.S. and international copyright laws, and we retain the exclusive right to register the photos with the U.S. Copyright Office or other intellectual property agencies. We have the exclusive right, but not the obligation, to enforce our copyrights or other rights in and to the photos throughout the world.



30. Print Rights

Subject to the Proprietary Rights Section above, we hereby grant you permission to print high-resolution images for personal and noncommercial use only. You are not permitted to alter the images in any way other than standard resizing without separate written permission from us. This permission is for personal use only and does not include use that results in financial gain, including, without limitation, printing the images on brochures, promotional material, or any other purpose that may result in commercial gain. We are not responsible for any loss or damage to the images or for any alteration, coloring errors, or print quality.



31. Portfolio Rights

Unless otherwise specified in an Order, you hereby grant us a limited, nonexclusive, royalty-free, and worldwide license to use, publish, and display your photos for the purpose of marketing and advertising our Services. This includes, without limitation, displaying your photos on our website and social media accounts. You further agree that we may identify you in our advertising, media relations, trade shows, website, social media, and other promotional materials. You may revoke this authorization at any time by providing us with 30 days’ written notice by email to yosemitesgoldenphotography@gmail.com. While we will use all reasonable efforts to comply with your requests, you understand that photos posted online may remain publicly available online through social media, search engines, and other third-party hosting service providers, and we are not responsible for removing your photos beyond our reasonable control.



32. Confidentiality

"Confidential Information" means any non-public materials and information made available by one party to the other that a party should reasonably consider proprietary or confidential. You acknowledge that this Agreement and the pricing of our Services are considered our Confidential Information. Confidential Information does not include information that: (i) becomes known publicly, before or after disclosure, other than as a result of the receiving party’s improper action or inaction; or (ii) is approved for release in writing by the disclosing party. The parties agree not to use or disclose any Confidential Information except for the purpose of meeting its obligations under this Agreement and to maintain Confidential Information in confidence for as long as Confidential Information remains confidential.



33. Privacy

We respect your privacy and only collect Personal Information for our own business use. We will not sell, rent, or otherwise distribute your Personal Information to any third party without your express permission. “Personal Information” means any information that identifies or can be used to identify an individual, such as name, phone number, email and physical address, date of birth, and driver’s license number. Notwithstanding the foregoing, we may identify you by name and share your Session photos according to the ‘Portfolio Rights’ Section above.



34. Non-Circumvention

You acknowledge and agree that we expend a significant amount of time and money recruiting, hiring, and training our employees, contractors, and vendors ("YG Personnel"). You agree not to circumvent us or solicit (directly or indirectly), on your own behalf or on behalf of any other organization, any YG Personnel you are introduced to through the Services. Unless otherwise agreed, this restriction continues for 2 years after completing the Services.



35. Insurance

YOU UNDERSTAND THAT YG DOES NOT ASSUME ANY RESPONSIBILITY OR OBLIGATION TO PROVIDE INSURANCE RELATED TO YOUR PARTICIPATION IN THE SESSION, INCLUDING MEDICAL, HEALTH, OR DISABILITY INSURANCE IN THE EVENT OF YOUR INJURY, ILLNESS, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY. YOU ARE SOLELY RESPONSIBLE FOR ACQUIRING AND MAINTAINING INSURANCE APPROPRIATE FOR THE SERVICES THAT YOU PURCHASE FROM US.



36. Medical Treatment

You hereby give us consent and authority, but not the obligation, to obtain medical treatment on your behalf if you are injured or require medical attention during the Session. You are solely responsible for all costs related to such medical treatment or transportation. You hereby release, forever discharge, and agree to hold YG harmless from any claim whatsoever in connection with the performance of any medical treatment or transportation.



37. Assumption of Risk

You acknowledge and understand that the Services may involve periods of standing, lifting, and walking across uneven and rocky terrain and may require the exercise of reasonable care to avoid injury. In addition, the Session location may be inherently dangerous and may expose you to a variety of foreseen and unforeseen hazards and risks. You acknowledge that you are voluntarily participating in the Session and have considered those risks. You hereby expressly and specifically assume such risks, including any and all risks of injury, harm, or loss that you may incur as a result of your voluntary participation in the Session.



38. Release and Waiver

YOU HEREBY FULLY AND FOREVER RELEASE AND DISCHARGE US FROM, AND EXPRESSLY WAIVE, ANY LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE, IN LAW OR IN EQUITY, THAT MAY ARISE FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY OR CLAIM YOU MAY HAVE AGAINST US WITH RESPECT TO BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS. YOU HEREBY AGREE TO HOLD US HARMLESS FROM ANY AND ALL LIABILITY, LOSSES, DAMAGES, JUDGMENTS, OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT IT MAY INCUR AS A RESULT OF YOUR OWN NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT IN CONNECTION WITH THE PERFORMANCE OF SERVICES.



39. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.



40. Limitation of Liability

NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICES PROVIDED BY US TO YOU, INCLUDING DAMAGES FOR LOST PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WE ARE NOT RESPONSIBLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR DAMAGED OR LOST PHOTOS DUE TO YOUR OR YOUR GUESTS’ ACTIONS OR INACTIONS OR FOR ANY REASON OUTSIDE OF OUR REASONABLE CONTROL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY’S TOTAL LIABILITY EXCEED THE PHOTOGRAPHY FEES PAID IN THE ORDER GIVING RISE TO A PARTY’S LIABILITY. 



41. Indemnification

You agree to indemnify us for any claim arising out of any property damage or personal injury, including death, to any YG Personnel or YG Personnel’s equipment that occurs in the performance of the Services where such injury is caused by the negligence, willful misconduct, or breach of this Agreement by you or your agents, employees, or guests. You further agree to indemnify us for any costs incurred by us if we are required to enforce our rights under the ‘Proprietary Rights’ Section of this Agreement.



42. Relationship of the Parties

The parties are independent contractors. Nothing in this Agreement shall be construed to constitute a franchise, partnership, or joint venture between the parties, nor shall either party be deemed the agent of the other party or have the right to bind the other party in any way without the prior written consent of such party. This Agreement does not restrict our right to provide services to other clients, including clients with sessions and photos similar to yours. We may delegate the Services to other individuals or entities acting as subcontractors. We are liable for the services performed by subcontractors and will hold you harmless from any costs or liabilities in connection with our use of a subcontractor.



43. Force Majeure

Neither party is liable under this Agreement (other than for sums due) for delays or failures due to causes beyond its reasonable control. Such delays include, without limitation, fire, flood, natural catastrophe, acts of God, infestation, hurricanes, earthquakes, heavy storms, government legislation, acts, orders, or regulation, riots, strikes, or labor difficulties to the extent not occasioned by the fault or negligence of the delayed party. Any excuse for delay lasts only as long as the event remains beyond the delayed party’s control. If the force majeure event continues for more than 30 days, then either party may terminate the Services upon written notice to the other party. For cancelation under this provision by us, our sole obligation and your exclusive remedy is a refund of any Photography Fees paid related to the canceled Services.



44. Dispute Resolution

This Agreement shall be governed and construed according to the laws of the State of California, excluding conflicts of law principles. For any dispute arising out of or relating to this Agreement or the breach thereof, the parties agree to negotiate a resolution in good faith for a period of 30 days prior to instituting any further legal action. If the dispute cannot be settled through negotiation, the parties agree to submit any claims to mediation administered by the American Arbitration Association under its Commercial Mediation Rules in Sacramento County, California. Any dispute excluded from the mediation provision or which cannot be heard in small claims court shall be resolved in the state courts located in Sacramento County, California. The foregoing does not apply to actions seeking injunctive relief, which may be brought by either party at any time in any competent jurisdiction. You are responsible for all collection costs and legal fees incurred by us should enforcement of this Agreement become necessary.



45. Injunctive Relief

You acknowledge that a breach of the Section of this Agreement entitled ‘Proprietary Rights’ could cause irreparable harm to us for which monetary damages would be inadequate. In such an event, we are entitled to seek permanent or temporary injunctive relief in any court of competent jurisdiction.



46. Miscellaneous

Neither party may assign or transfer any rights or obligations under this Agreement without the written consent of the other party. This Agreement comprises the entire agreement of the parties relating to the subject matter and may not be modified nor any provision waived except in writing, signed by both parties. If any provision is held invalid or unenforceable, the remaining provisions shall be unaffected. Any provision of this Agreement that contemplates performance after the termination of this Agreement shall survive termination and continue in full force and effect until satisfied. All notices shall be in writing, are deemed given when received, and shall be delivered electronically to the email address(s) listed in the Order. Either party may designate another address for the receipt of notice by notifying the other party.



47. English Language

This Photography Services Agreement is written in English. If you require this contract in any other language, please let us know and DO NOT sign this Agreement. Este Acuerdo de servicios de fotografía está escrito en inglés. Si necesita este contrato en cualquier otro idioma, háganoslo saber y NO firme este Acuerdo.