Photography Cake Smash Portrait Agreement

PHOTOGRAPHY CAKE SMASH PORTRAIT AGREEMENT

This Photography Cake Smash Portrait Agreement (the Agreement) is entered into by and between the parties identified below as of the Effective Date. Client Name: Photographer Name:

WHEREAS

WHEREAS, Photographer is a professional photographer offering portrait services including cake smash sessions, and possesses the skill, equipment, and experience to perform such services in a safe and professional manner; and

WHEREAS, Client desires to retain Photographer to provide a cake smash portrait session for the child identified in this Agreement on the terms and conditions set forth below; and

WHEREAS, the parties intend to set forth their entire agreement in writing to avoid misunderstandings.

PARTY CONTACT INFORMATION

SCOPE OF WORK

Photographer will provide a Cake Smash Portrait Session for the child identified below. Services to be provided include studio or on-location portrait photography, basic styling and use of photographer's props as agreed, delivery of edited digital images as specified in the selected package, and a single in-studio or remote viewing session if included in the package.

Child Name: Child Date of Birth: Number of Participants:

Session Date: Session Time: Session Duration:

PAYMENT TERMS

Client agrees to pay Photographer the fees described below in consideration for the Services. All amounts are in lawful currency.

Late Fee: If payment is not received by the Balance Due date, Photographer may charge a late fee of on any unpaid balance. Accepted payment methods: Cash Card Check

Deposit Policy: The deposit is required to reserve the session date and is non-refundable except as provided in the Cancellation and Rescheduling section below. Photographer may retain the deposit in the event of Client cancellation within the notice period.

CANCELLATION AND RESCHEDULING

Client may reschedule the session with at least days' written notice. If Client cancels with fewer than the required notice, Photographer may retain the deposit and any additional fees as liquidated damages. Rescheduling is subject to Photographer's availability. If Photographer must cancel due to illness, emergency, or equipment failure, Photographer will promptly notify Client and provide a full refund of all prepaid amounts or offer a mutually agreeable rescheduling.

TERM AND TERMINATION

Agreement Effective Date: . This Agreement shall terminate upon delivery of the agreed final images and payment in full, unless earlier terminated in accordance with this section. Either party may terminate for material breach, provided written notice is given and the breaching party fails to cure within days of receipt of notice.

DELIVERY AND USAGE RIGHTS

Photographer will deliver edited digital images within weeks of the session or final payment, whichever is later. Photographer grants Client a non-exclusive, perpetual license to use the delivered images for personal, non-commercial purposes. All copyrights and ownership of original image files remain with Photographer. Any commercial use, resale, or assignment of rights requires a separate written license and fee.

CONFIDENTIALITY

Each party shall hold in confidence and not disclose any confidential or proprietary information received from the other party in connection with this Agreement, including pricing, unpublished images, workflow details, and client contact information, except as required by law. Confidential information does not include information that is publicly known through no fault of the receiving party.

INDEMNITY, LIABILITY, AND HEALTH & SAFETY

Client represents that the child is in good health and that Client will inform Photographer of any allergies, sensitivities, or medical conditions that may affect the session. Client assumes all responsibility for the child's safety during the session. Photographer will exercise reasonable care but is not responsible for allergic reactions, ingestion of cake, accidental injury, or damage to personal property. Client agrees to indemnify and hold Photographer harmless from claims arising from Client's breach of this Agreement or Client's negligence.

MODEL RELEASE

Client hereby grants Photographer the right to use and publish images of the child for Photographer's business promotion, portfolio, website, social media, and marketing materials, unless Client indicates otherwise by checking here: Do not authorize public use. Client releases Photographer from any claims related to such use, subject to the confidentiality restrictions above.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles.

ENTIRE AGREEMENT

This Agreement, including any attachments or addenda signed by the parties, constitutes the entire agreement between the parties and supersedes all prior understandings, negotiations, and agreements, whether written or oral. Any modification must be in writing and signed by both parties.

MISCELLANEOUS

If any provision of this Agreement is held unenforceable, the remainder shall remain in full force and effect. The parties agree that any dispute that cannot be resolved by negotiation shall be submitted to binding arbitration in the county of the Photographer's principal place of business, and judgment on the award may be entered in any court of competent jurisdiction.

ACKNOWLEDGMENT

By signing below, Client and Photographer acknowledge that they have read, understand, and agree to be bound by the terms of this Agreement.

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