DEFINITIONS:

This Agreement is between Apex Dream Visuals  (“Photographer”) and [You] (“Client”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor.

“Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.

"Retainer" (which may be used interchangeably with the term "Deposit") refers to the initial payment made by the Client to the Photographer to secure the specific date and time of the Service. The Retainer serves as a reservation fee to ensure the Photographer’s availability, as the Photographer must decline other booking opportunities for that specific time.

1. OWNERSHIP AND USAGE RIGHTS

• Copyright Ownership: Photographer remains the sole Author and exclusive owner of all copyrights in the Image(s). All Image(s) and associated intellectual property remain the exclusive property of Photographer without limitation.

• Licensing vs. Sale: Images are licensed, not sold. Client is purchasing a limited license to use the Image(s) as specified in this Agreement. No ownership interest is transferred to the Client.

• Term of License: The license becomes effective only upon (a) delivery of the images and (b) receipt of full payment by the Photographer.

• Self-Promotion: Unless otherwise restricted in writing, Photographer reserves the right to use the Image(s) for self-promotional purposes, including portfolio, website, and social media use.

2. PHOTOGRAPHIC INTEGRITY AND ALTERATIONS

• Prohibition on Alterations: Client shall not make, or permit any third party to make, any alterations to the Image(s)—including but not limited to filters or digital manipulations—without express written consent from the Photographer.

• Editing Specifications: * Portrait Sessions: Includes basic editing (color correction, contrast, and exposure) at the Photographer’s professional discretion. Retouching is not included unless deemed necessary at the Photographer’s professional discretion.

• Fitness, Swimwear, and/or Boudoir Sessions: Includes retouching at the Photographer’s professional discretion.

  • Discretionary Artistry: Some images may be produced exclusively in color or black and white. Requests for additional editing start at $30.00 per image and may be refused at the Photographer’s discretion.

3. PAYMENT TERMS AND PENALTIES

• Grant of Rights: No usage rights are granted until full payment (to include, if applicable, any late-payment charges) is received. Use of images prior to full payment constitutes unauthorized use.

• Unauthorized Use Penalty: Client agrees that the stipulated liquidated damages for unauthorized use shall be double the total invoice amount.

• [Deposit] “Retainer” Fees:

  • Standard: A non-refundable retainer of 50% of the total session cost is required at the time of booking.

• Payment: With the retainer fee of 50% of the total session cost required at the time of booking, the remaining required payment must be paid by 11:59 PM on the day of the scheduled shoot.

• Invoicing: All invoices are due upon receipt. Discrepancies must be reported within ten (10) days. Bank transfer fees are the sole responsibility of the Client. The invoice serves as the final receipt.

• Cancellation Fee*: The Retainer Fee and/or Deposit will serve as the Cancellation fee for any of the following circumstances:

  • Client is 30 minutes or more late to the confirmed session date and fails to communicate with Photographer.

  • Client cancels within the 72-hour period prior to the confirmed session date

    *Photographer can deem if the reason for Client’s cancellation within the 72-hour period rates a Reschedule and Photographer may credit the forfeited Retainer towards a future session that must be scheduled within 90-days or it is forfeited.

4. CANCELLATIONS, RETENTION,  REFUNDS, AND RESHOOTS

• Forfeiture: If Client cancels within the 72-hour period prior to the confirmed session date, the retainer is forfeited and will serve as the Cancellation Fee. If Client fails to cancel, fails to communicate, is more than 30 minutes late, and Photographer arrives at the location then Client’s Retainer is forfeited and will serve as the Cancellation Fee. Photographer can deem if the reason for cancellation within the 72-hour period rates a Reschedule and the Photographer may credit the forfeited Retainer towards a future session that must be scheduled within 90-days or it is forfeited.

• Reshoots: If Client requests a reshoot, Client will pay Photographer an additional fee of one hundred percent of the fee stated in the quote or invoice for the original shoot.

• Reschedule: Reschedules are permitted only due to factors beyond the control of Photographer, including but not limited to, weather conditions, or acts of God, Photographer will not charge an additional fee but must be communicated to and agreed to by the Photographer. Any other circumstance(s) would be considered a cancellation and/or Forfeiture.

• Refunds: Cancellations made more than 72 hours before the confirmed session date is eligible for a 50% refund of the retainer fee. Cancellations made within the 72-hour window prior to the confirmed session date(s) are not eligible for a refund.

Example of ineligible refund: If Client books a session for Wednesday, May 6 2026 at 10 A.M. and pays a retainer fee of 50% of the total session price to schedule. The total cost for the shoot is $300 so client pays $150 to schedule the session. Photographer sends a confirmation notification to Client. This is now a confirmed session date. On Tuesday, May 5 2026, the day prior to the shoot, Client notifies Photographer that they will have to cancel the confirmed session, Client is not eligible for a refund of the retainer.

Example of eligible refund: If Client books a session for Wednesday May 6 2026 at 10 A.M. and pays a retainer fee of 50% of the total session price to schedule. The total cost for the shoot is $300 so client pays $150 to schedule the session. Photographer sends a confirmation notification to Client. This is now a confirmed session date. On Saturday, May 2 2026 the weekend prior to the shoot, Client notifies Photographer that they will have to cancel, Client is eligible for a refund of 50% of the retainer which would be $75 in this example.

5. LIABILITY AND RELEASES

• Indemnification: Client shall indemnify and hold harmless Photographer and its contractors against all claims, damages, and legal fees arising from Client’s use of the Image(s).

• Third-Party Releases: Unless specified in writing, Photographer is not responsible for obtaining model, property, or trademark releases. Client assumes all responsibility for obtaining necessary permissions for their specific use.

• Limitation of Liability: In all events, Photographer’s total liability for any and all claims shall not exceed the total amount actually paid by the Client under this Agreement.

6. FAILURE TO PERFORM

• Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Image(s).

• If Photographer is unable to supply photographic services on the confirmed session date due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfill his/her obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.

7. DIGITAL FILE MANAGEMENT AND QUALITY

• Archiving: Client is responsible for the permanent storage of delivered images. Photographer does not guarantee the availability of images beyond the initial delivery date.

• Quality: Photographer is committed to providing high quality services. Unless otherwise specified, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.

• Media Stability: Photographer is not liable for the inherent instability of digital storage media. Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.

• Reproduction Fee: Requests for reproduction of previously delivered images incur a $100.00 processing fee.

• Expiration: Image(s) will be stored for the Client for twenty-one (21) days of the Image(s) being delivered. After that, the images will be deleted and no longer able to be reproduced.

8. SESSION CONDUCT AND LOCATIONS

• Lawful Conduct: Photographer will not trespass or engage in unlawful activity.

• Location: If the Client wishes to shoot on private property it is the Clients sole responsibility to get authorization from the owner of the property.  The photographer is not responsible for hazards at the location and the Client agrees to enter into the session at their own risk.

• Exclusivity: No other professional photographers or videographers are permitted during the session. Guests must refrain from cell phone photography unless expressly permitted.

• Risk: Client acknowledges that location shoots may involve hazards and agrees to participate at their own risk.

9. CREDIT LINE AND COPYRIGHT NOTICE

• Attribution: A credit line or copyright notice is required for all internet/social media use.

• Omission Penalty: Failure to provide proper attribution results in liquidated damages of double the total invoice amount to compensate for loss of recognition and protection.

10. LEGAL ACCEPTANCE

• Jurisdiction: This Agreement will be deemed to be a contract made under the laws of the United States and the State of California, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the state of California. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Photographer.

• Entire Agreement: This document constitutes the entire agreement between the parties. No waivers or modifications are valid unless in writing. E-mail, electronic messages, and electronic signatures will be considered legal and binding. Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

• Acceptance by Conduct: In addition to written agreements, payment of a deposit and/or retainer fee or any use of the Image(s) by the Client constitutes full acceptance of these terms and conditions.