Document ID: 63bb062f6ba1eee9b005110e448d09bfaec49a12
April 19, 2017
Signed On : http://www.megan-weaver.com

Portait Session Agreement


CLIENT:  Name: Jo-Lynne Shane

                Email: jolynne.shane@gmail.com

This contract constitutes the agreement between Megan Weaver International, LLC (“Photographer”) and Client for portrait photography services (“Agreement”). 

DATE of PORTRAIT SESSION: 4-22-17 from 8:30-10:00am

LOCATION of PORTRAIT SESSION: Uptown Dallas TBD

PHOTOGRAPHY SERVICES:  Photographer will provide the following photography services:

  • Shoot time for 3 outfits 
  • Selected Photographs from the Portrait session made available for review online  (no unedited or RAW files released for Client use)
  • Digital copy of up to 30 Selected Photographs from the portrait session provided to Client 
  • Final images delivered within 5 days for 2 outfits, and within 4 days for 1 outfit (from day final images are chosen in Pixieset) 
  • Additional images available at $8/each

SELECTED PHOTOGRAPHS:  After careful review of the photographs taken pursuant to this Agreement, Photographer will edit and present to Client only those photographs that Client has chosen.

PAYMENTS:  Client agrees to pay Photographer $_Paid in full_ plus applicable sales tax (“Payments”) as follows:

  • $_0.00__upon signing this Agreement (“Deposit”); and
  • $_Paid in full_on or before the portrait session date via cash or check

CANCELLATION.  If the Client cancels the portrait session one week or more before the scheduled date, payments made to the Photographer will be refunded to Client in full.  If Client cancels the portrait session less than one week before the scheduled date, Client will pay liquidated damages in the reasonable amount of the Deposit paid.      

LIABILITY LIMITS:  Although Photographer shall take due care to perform photography services pursuant to this Agreement,  Photographer’s liability for any loss, damage, or failure to deliver photographs (including for acts of God, terrorism,  accident, illness, equipment failure, or any incident of unpredictable misfortune) shall be limited to Payments made pursuant to this Agreement. 

COPYRIGHT:  As the author of all photographs made pursuant to this Agreement and as provided by law, Photographer retains the copyright in and to the photographs.  The parties agree that the photographs are not works made for hire in accordance with 17 U.S.C. § 101, and that Photographer retains those exclusive rights in the photographs provided by 17 U.S.C. § 106, including the rights to reproduce the copyrighted work, prepare derivative works based on the copyrighted work, distribute copies of the copyrighted work to the public, and display the work.

CLIENT’S USE OF PHOTOGRAPHS:   Client may use the photographs taken pursuant to this Agreement for personal, and commercial purposes, if, when customary, credit is given to Photographer as “© Megan Weaver.”  Client agrees to not permit or assist with any commercial use or sale of the photographs without specific written consent of Photographer.

MODEL RELEASE:  Client grants Photographer and Photographer’s heirs, legal representatives, and assigns the irrevocable, perpetual, and unrestricted right to use the photographs taken pursuant to this Agreement in all forms, media and manners, in conjunction with Client’s own or a fictitious name, for advertising, trade, promotion, exhibition, or any other lawful purposes.  Client now and in the future waives any right to review or approve: the photographs themselves, the use of the photographs, or the matter that may be used in conjunction with the photographs.  Client waives any right to royalties or other compensation arising from or related to the use of the photographs.  Client releases, discharges, and agrees to hold harmless Photographer and Photographer’s heirs, legal representatives, and assigns from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking, processing, or publication of the photographs.

RETENTION OF PHOTOGRAPHS:  Photographer will retain copies of the photographs taken pursuant to this Agreement for at least 12 months after the portrait session.

JURISDICTION AND ARBITRATION.  The laws of Texas govern this Agreement without regard to conflicts of law provisions.  Client consents to the exclusive jurisdiction of the state and federal courts sitting in the state of Texas.  All unresolved disputes arising under this Agreement shall be submitted to arbitration in Texas.  The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $5,000.

MISCELLANEOUS:  This Agreement incorporates the entire understanding of the parties.  Any modifications to this Agreement must be in writing and signed by all parties.  If any provision of this Agreement is held to be invalid or unenforceable by law, the validity of this Agreement in whole shall not be affected, and the other provisions of the Agreement shall remain in full force and effect.  No waiver of any breach of any term or provision of this Agreement shall be construed to be, or shall be, a waiver of any other breach of this Agreement.  No waiver shall be binding unless in writing and signed by the party or parties waiving the breach.  The paragraph, section, and article headings used in this Agreement are intended solely for convenience and reference and shall not in any manner amend, limit, modify, or otherwise be used in the interpretation of any of the provisions of this Agreement.

Signed by Jo-Lynne Shane
Signed on: April 22, 2017

Signed by Megan Weaver
Signed On: April 19, 2017

Signature Certificate
Document name: Portait Session Agreement
Unique Document ID: 63bb062f6ba1eee9b005110e448d09bfaec49a12
Jo-Lynne Shane
Party ID: 82d2655c-6c29-4d18-878f-eb042787f043
IP Address: 70.196.1.7
Security Level: E-mail
Digital Signature:
Multi-Factor
Digital Fingerprint Checksum
7a3310825674d246215622e827181288
Timestamp Audit
2017-04-19 21:53:14 CDTPortait Session Agreement Uploaded by Megan Weaver - hello@megan-weaver.com IP 97.99.202.21
2017-04-19 22:01:20 CDTDocument sent for signature to Jo-Lynne Shane - jolynne.shane@gmail.com
2017-04-20 08:20:06 CDTDocument viewed by Jo-Lynne Shane - jolynne.shane@gmail.com IP 174.201.22.226
2017-04-20 12:33:37 CDTDocument viewed by Jo-Lynne Shane - jolynne.shane@gmail.com IP 70.196.1.68
2017-04-20 12:33:37 CDTDocument viewed by Jo-Lynne Shane - jolynne.shane@gmail.com IP 70.196.1.68
2017-04-22 08:17:25 CDTDocument viewed by Jo-Lynne Shane - jolynne.shane@gmail.com IP 70.196.1.7
2017-04-22 08:18:10 CDTDocument signed by Jo-Lynne Shane - jolynne.shane@gmail.com IP 70.196.1.7
2017-04-22 08:18:10 CDTThe document has been signed by all parties and is now closed.
2017-04-23 12:53:00 CDTDocument viewed by Jo-Lynne Shane - jolynne.shane@gmail.com IP 54.159.123.105