SERVICE AGREEMENT

Deposit

Unless otherwise agreed to ahead of time, the subject of whom photographs are created for (“Client”) agrees to pay 50% non-refundable deposit (“Deposit”) 10 days prior to the scheduled photography session (“Session.”)

Session will not commence until Spencer Loy Photography (“Company”) has received Deposit in timely manner.

Location

If Session location owned, rented, or otherwise set up by Client, Client may not change the location of the Session without at least 24-hour advance notice to Company. 

Retouching

Session includes up to two rounds of re-touching final photos (“Photos”) for Client approval. In the event Client requires more than two rounds of re-touching, Company will charge standard hourly rate of Sixty Dollars ($60.00 USD) per hour. 

Payment

The balance of the payment for the Session will be due on the day of the Session and before photography commences.

Image Delivery

Delivery of final product from Session will include all images selected by Client during the Session of which re-touching has been approved by Client.  Additional re-touched photos from the Session may be purchased at the price of Sixty Dollars ($60.00 USD) each. 

Cancelations

Company will honor a grace period (“Grace Period”) for cancellation of sessions with a full refund of Deposit paid if Session is cancelled within 24 to 48 hours from receipt of booking confirmation (“Booking Confirmation.”) Cancellation within the Grace Period may be made by phone call or confirmed written communication. 

Client may cancel a Session up until 14 days prior to their scheduled Session. In the event Client has already paid-in-full for their Session, a refund of 50% will be granted to Client. If Client has only paid their Deposit at the time of cancellation, no refund will be given to Client. 

Cancellations of a Session by Client in the period of time between 14 days and 48 hours prior to a scheduled Session will be billed for the full balance of their Session. An exception to the cancellation may be made if Client reschedules the date of their Session to a future date that is within 90 days of the original Session date and time. 

Rescheduling

Company may allow Client to reschedule a Session only if the rescheduled session is confirmed with Company prior to the original scheduled Session; if the Session is rescheduled for a time and date that is within 90 days of the originally scheduled Session; the Session is only rescheduled once. 

Rights, Ownership, and Usage

Subject to Company receiving full payment from Client under this Agreement, Company assigns to Client, without representation or warranty, all rights, title, and interest Company may have in the Photos created by Company for Client pursuant to this Agreement, except that:

Company may use and distribute re-touched Photos as part of its portfolio for promotional purposes across all available media, including but not limited to, print or online marketing, website content, and social media;

Company shall own and retain all rights to any and all concepts, ideas, proposals, and other work, photos, behind the scenes video footage and/or photos, and materials (collectively, “Work”) which has been presented to Client but not included in the final delivery. 

Confidentiality

Confidential information is that which relates to the Client or to the Company’s research, development, trade secrets, or business affairs and includes, in the case of the Company’s confidential information, concepts presented to, but not selected by, the Client; it does not include information that is generally known or easily ascertainable by third parties. Client and Company shall mutually respect and maintain each other’s confidential information and shall use it only to perform their respective obligations hereunder. 

Alternative Dispute Resolution

If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation within 30 days before resorting to arbitration, litigation, or some other dispute resolution procedure. 

Entire Agreement

This Agreement shall replace and supersede all previous arrangements, understandings, representations, or agreements, either oral or written, with respect to the subject matter hereof and expresses the entire agreement between Parties. 

Severability

To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or other unenforceable, such provision will be interpreted to fulfil its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. 

Governing Law

This Agreement shall be construed and enforced in accordance with the laws of the State of Washington.