CONTRACT

(This will be what you sign after the deposit is paid)

Faelight Fairytales Photographer Agreement

1. OVERVIEW.

This Agreement (“Agreement”) is made as of the date issued to Client, as an attendee of a photography workshop, by and between Olivia Edvalson (1 Main Street, Whitinsville, MA 01588), “Photographer”, and the "Client” for Faelight Fairytales.

2. SERVICES

2.2 Overview. The Photographer will provide an experience in Faelight Forge, including:Specialty stylized sets (dependent on workshop session)Model(s) and all model releases handled for Client portfolio buildingAccess to lighting tools and educationTime to create images to build a portfolio for personal or commercial use.Client understands at no point can a specific shot list, moment, or angle be guaranteed for photographing during the event. Photographer will do their best to create an inclusive and productive environment for Client to experiment with lighting and photography within the parameters of the event as planned by the Photographer.Client understands that the models, set design, or location are subject to change without notice and the Client agrees to still pay all fees and participate in the event, or cancel their seat and be subject to cancellation fees (see Section 5.0).This contract protects the rights of all images, photographs, BTS (behind-the-scenes), videos, previews, samples, gifs, animations, screenshots, and/or any other media created during this experience by both the Photographer and Client, deemed "Works".  All works shot by the Client are owned and protected by the Client's own copyright.

2.3 Fees. As consideration for the Services to be provided by Photographer, the Client shall pay a non-refundable initial payment of $100.00 upon receiving the Agreement, along with all remaining fees. Failure to pay fees will result in the Client being unable to participate in the event and may result in cancellation fees along with seat being given to a new client.All payments must be made via Bonsai Portal, Venmo, or cash. Late invoices will be charged a monthly fee of 15%. 

3. SAFETY, RESPECT, and EXPECTATIONS

The Client will abide by all rules and expectations set by the Photographer during the event. The Client WILL NOT:Harass, belittle, sexualize, or in any way make Models feel uncomfortable on or off set. Move lighting equipment or any other supplies, including, but not limited to, ladders, backdrops, set pieces, or decor, without Photographer approval and oversight. Clients understand that studio spaces can be hazardous if the client is not aware of surroundings or proceeding with caution, and even then accidents can still occur. The Client understands there are many breakable, fragile, and potentially dangerous or heavy elements on the ground and overhead. Photographer is not liable for any harm or injury that comes to the Client while in the studio space or grounds.Models must be respected at all times and any boundary set by the Model is final. Any complaints from a Model about a Client to the Photographer will result in the Client being required to leave the event immediately, no refunds or rebuttals.Clients are responsible for any damages caused deliberately or accidentally while attending the event.Failure to comply with studio safety guidelines set by Photographer will result in removal from the studio and any equipment damaged by the Client must be paid for in full within 30 days. 

4. INTELLECTUAL PROPERTY RIGHTS, LICENSING, PROMOTION. Client acknowledges that all Works created under this Agreement are the sole property of the Client, protected by federal Copyright, Trademark, Patent, and Trade Secret laws. Photographer is the owner of any media captured by self or Faelight Forge representatives during the event to use for COMMERCIAL purposes. Photographer hosting the workshop has no rights to the images created by the Client, and Client has an EXCLUSIVE, non-transferable license to use these Works in perpetuity beginning when final payment is made and event is hosted. The Client MAY use any Works created under this Agreement for in any ways, including, but not limited to: COMMERCIAL, BRANDING, SMALL BUSINESS, or any other PROMOTIONAL uses, be it first or third party. In accordance with this license, Client shall only be allowed to use the Works according to the following conditions:

Further conditions:CREDITS WHEN SHARING IMAGES ONLINE MUST BE GIVEN TO "Hosts: @oliviarosephoto and @honeyswordcosplay", AND "Location: Faelight Forge Studio", AND "Model: @honeyswordcosplay OR @dahliastrack" (respectively)IF SHARED ON SOCIAL MEDIA, MUST TAG "@oliviarosephoto", "@nanlite_global", "@honeyswordcosplay", AND/OR @dahliastrack (tag applicable model).This license is dependent upon full payment from the Client and the rights are not transferred until Photographer is paid in full.Client agrees to Tag and give Credit to applicable parties when digital publication/sharing of Works online are shared.Client agrees to allow Photographer to use the Client’s name, videos BTS including the client, and/or any media created in tandem with this event for promotional purposes.

5. CANCELLATION and RESCHEDULING.

Both parties understand that either party may terminate the Services at any time if, for any reason, the relationship is deemed unsatisfactory by either party. In the event of Client’s cancellation more than 2 days before the event date, Client will be charged the initial, non-refundable payment of $100.00 and will be refunded remaining fees. Cancellations made within 2 days of the event date will result in the Client being paid the full event fee and expenses. Expenses and fees for cancellations are not applied to future projects.Late invoices for cancellations or reschedules will be charged a monthly fee of 15%. If the Photographer requires a reschedule or cancellation, no additional fees will be charged and no additional payments are required by the Client. 

6. ADDITIONS.

6.1. Independent Contractor. Photographer’s relationship with the Client will be that of an independent contractor and not that of an employee. Photographer shall be solely responsible for determining the method, details and means of performing the Services. As an independent contractor, the Client will be responsible for providing the Photographer a 1099-NEC for all jobs amounting to over $600 per calendar year, post-marked by January 31st of the appropriate tax-year. 

6.2. Non-Exclusivity. Both parties agree that Photographer’s Services are non-exclusive and Photographer reserves the right to work with any other clients in any industry.

6.3. Mutual Confidentiality. Both parties acknowledge that they may have access to confidential information, including but not limited to products, creative works, marketing strategies, processes, pricing, and other information which would appear to a reasonable person to be confidential (“Confidential Information”). Both parties agree to protect the confidentiality of this information.

6.4. Force Majeure. Photographer will not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Photographer’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

6.5. Miscellaneous. (a) LIMITATION OF LIABILITY. IN NO EVENT SHALL THE PHOTOGRAPHER HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND IN NO EVENT SHALL THE PHOTOGRAPHER’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

(b) Indemnification. Client agrees to defend, indemnify, and hold harmless the Photographer, its affiliates, licensors, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to this Agreement.

(c) Governing Law. Any dispute regarding this agreement shall be arbitrated in Whitinsville, Massachusetts . The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the state of Massachusetts, without giving effect to principles of conflicts of law. Upon any result, judgment, or award in favor of Photographer, Client shall pay all court costs, Photographer’s reasonable legal fees, expenses, and legal interest.

(d) Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between them relating to the subject matter hereof.

(e) Amendments and Waivers. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement.  No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance.THE PARTIES HERETO AGREE TO THE FOREGOING AS EVIDENCED BY THEIR SIGNATURES BELOW.