EXCLUSIVITY

It is understood and agreed that no other photographer will be allowed to photograph or take pictures during the Session while Photographer is working, unless otherwise agreed by the Parties in writing. This restriction applies to Client and any associates of Client and includes cell-phone cameras, computer cameras, and their equivalents.

IN THE EVENT PHOTOGRAPHER CANNOT PERFORM

In the event of Photographer’s foreseeable illness, conflict or inability to perform, Client agrees that Photographer may assign and delegate performance and obligations of this Agreement to another professional photographer at Photographer’s discretion. 

PHOTOGRAPHER’S STYLE & DISCRETION

Client understands and agrees that Client is hiring Photographer to perform Photographer’s services in Photographer’s own discretion and style. Client has no authority to control the manner in which Photographer takes photos. Client has no right to rescind this Agreement in any way if Client is not satisfied with Photographer’s photography.

ARCHIVING PHOTOGRAPHS

Photographer will archive digital files of all photos taken for Client for up to ONE year.  Photographer does not guarantee back-up photographs, prints or data after this time.

RESTRICTIONS ON USE OF PHOTOGRAPHY

All photos and images taken by Bobo Zhao Productions remain the sole, copyrighted, intellectual property of Photographer. Bobo Zhao Productions may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Model expressly agrees to release to Bobo Zhao Productions any personal or proprietary interest in the photographic materials that result from the session and agrees that Bobo Zhao Productions may showcase, sell, or otherwise distribute photographic materials from the session, including those depicting Model.

• Client shall not modify or otherwise alter Photographer’s photographic materials.

• Client shall not post physically or in digital form, including on any social media website, blog or application, any of Photographer’s photos without attributing Photographer.  

• Client shall not publish photos without Photographer’s written consent and attribution to Photographer.

INTELLECTUAL PROPERTY RIGHTS & RELEASE

All photos and images taken by Bobo Zhao Productions remain the sole, copyrighted, intellectual property of Photographer, even after full payment by Client and distribution to Client. The photographer may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Client expressly agrees to release to Photographer any personal or proprietary interest in the photographic materials that result from the session, and agrees that Photographer may showcase, sell, or otherwise distribute photographic materials from the session, including those depicting Client.

LIMITS OF LIABILITY

If Photographer cannot perform this Agreement in whole or in part due to circumstances outside of the Parties’ control, such as sudden injury, illness, lost equipment, or acts of God, then Photographer will return all retainers and fees to the Client(s) but shall have no further liability with respect to this Agreement. Photographer will also return all retainers and fees, but will not be liable for any other injuries, if photographic materials are damaged

in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged, rendering the photographic material unusable, without fault on the part of Photographer. In no event, regardless the circumstances, shall Photographer be liable for consequential, emotional, third-party, punitive or any other damages, including attorney’s fees, resulting from Photographer’s services or lack thereof. Photographer shall only be liable up to the price of this Agreement.

NO REFUNDS

Upon both Parties agreeing for the photoshoot, Photographer will reserve the session time and will not make another reservation for the specified time frame. For this reason, all retainers are non-refundable if the Session is cancelled or changed for any reason. Fees, once paid, are non-refundable as well. 

APPROPRIATE CONDUCT/ SAFE WORKING ENVIRONMENT

The Client(s) expressly agree(s) to take best efforts to provide Bobo Zhao Productions with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to Bobo Zhao Productions, Bobo Zhao Productions will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, Bobo Zhao Productions shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Bobo Zhao Productions  harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the  Bobo Zhao Productions work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Bobo Zhao Productions  resume work detailed in this Agreement.