Photography Session Agreement

This Agreement (the "Agreement") is made and entered into between Jacqueline Cittadino, operating as La Luz Studios (the "Photographer"), and the Client (""), for the provision of photography services.


Session Fees
Client agrees to pay Photographer the full session fee at the time of booking to secure their appointment date and time. This amount covers the time and talent of Photographer, basic retouching, and creative editing of images. The session fee is non-refundable. If needed, the session fee can be applied towards a future session. In such cases, the Client must reschedule the session within 12 months of the original appointment date. If Client opts for a future session, Photographer's discretion will determine whether an entirely new contract must be signed.

The session fee covers photography services and the editing process. The session fee includes a set number of images, with the number depending on the session package. Should the Client request additional images or special editing, an additional cost will apply, which shall be disclosed by the Photographer before proceeding.

Location Costs & Fees
Should there be any costs or fees associated with the chosen location for the session (including, but not limited to, permit fees or location rental fees), the Client shall be responsible for all such fees. Jackie from La Luz Studios is not responsible for any costs associated with the location or for organizing such arrangements.

Travel within Peterborough city limits is included. Travel beyond Peterborough will incur a charge of $0.75 per kilometer (round trip). Any additional fees related to parking or tolls will be passed on to the Client.

HOME STUDIO ACKNOWLEDGEMENT AND ASSUMPTION OF RISK
The Client acknowledges that the session will take place at the Photographer’s home studio. The Client agrees to exercise caution when entering, exiting, and parking near the premises. The Photographer is not responsible for any damage to vehicles or personal property.

The Client further acknowledges that La Luz Studios is a pet-friendly home. While reasonable efforts are made to maintain a clean and allergen-reduced environment, the Photographer cannot guarantee an allergen-free space. The Client assumes all responsibility for any allergic reactions or sensitivities that may occur.

By attending the session, the Client voluntarily assumes all risks associated with participating in a home-based photo session, including but not limited to tripping hazards, animal exposure, and property-related injuries.

RELEASE OF LIABILITY AND INDEMNITY
The Client understands and agrees that participation in a home-based photo session involves certain inherent risks, including but not limited to personal injury, allergic reactions, or property damage.

By signing below, the Client voluntarily assumes all such risks and agrees to release, indemnify, and hold harmless La Luz Studios, the Photographer (Jacqueline Cittadino), her family members, and any representatives from all actions, claims, demands, or causes of action arising out of or connected with participation in the photography session or presence on the premises.

The Client further agrees not to bring any claim or legal action against La Luz Studios or the Photographer for any injury, illness, or loss that may occur before, during, or after the session, whether arising from negligence or otherwise, to the fullest extent permitted by Ontario law

Rescheduling
In the event the Client is unable to attend the session due to unforeseen illness or other legitimate situations, the Client must provide at least 24 hours’ notice of rescheduling. Failure to do so will result in forfeiture of the entire session fee unless the Photographer deems the cancellation a force majeure situation (e.g., inclement weather). If rescheduling is not feasible within the next 12 months, the entire session fee shall be forfeited.

The Photographer reserves the right to cancel or reschedule the session due to illness, equipment malfunction, severe weather, or circumstances beyond control, with no liability for such cancellations or delays. If rescheduled, the session fee shall be credited toward the rescheduled session.

Re-shoots / Refunds
Re-shoots and refunds will not be issued for reasons beyond the Photographer's control, including but not limited to poor clothing choices, weather-related issues, hair or makeup, or subjects not following the Photographer’s suggestions. No refund policy: once payment is made, the session fee is non-refundable.

Archive
All images will be stored online in a private gallery for 6 months. After this period, images will be permanently deleted from the Photographer’s hard drives, and the Photographer will not be responsible for the storage or retrieval of such images unless specifically arranged.

Digital File Release
The Photographer will provide only the number of digital, high-resolution edited files as described in the session package. Any additional images will require separate payment and will be delivered as JPEGs. Files will only be released once the full balance is settled. The Photographer maintains ownership of all copyright and retains the right to use the images for portfolio or promotional purposes.

Requested Poses
The Client may request certain poses; however, the Photographer is not required to guarantee any specific shot and reserves the right to refuse any request deemed unsafe, unprofessional, or outside their creative direction. It is the responsibility of the Client to provide the list of requested poses at least 48 hours before the session.

Subject Cooperation
The quality and outcome of the session depend heavily on the cooperation of all subjects. While the Photographer will make every effort to engage and capture meaningful images, no specific shots or outcomes are guaranteed. If children or other subjects are uncooperative or disruptive during the session, the Photographer will still do their best within the circumstances. However, no refunds or reshoots will be offered due to lack of cooperation or challenging behavior from subjects.

Artistic Subjectiveness
The Photographer retains full control over the artistic direction of the session, including the selection and processing of images. The Client acknowledges that photography is subjective, and the Photographer is not obliged to accommodate every request based on personal taste or preferences.

Inclement Weather / Unsafe Locations
In the event that the Photographer determines that the weather conditions or location may pose a safety hazard, or is otherwise deemed unfit for shooting, the session may be postponed, relocated, or rescheduled. Client agrees to allow the Photographer to determine suitable arrangements.

Model Release
By signing this Agreement, the Client provides the Photographer irrevocable permission to use and publish photographs taken during the session for the purposes of portfolio, advertising, website, and social media usage. Clients have no rights to images beyond personal, non-commercial use, subject to the following limitations on publication:

Client's likeness will not be used in a defamatory or embarrassing manner by the Photographer.
The Client may request an opt-out of certain promotional uses of their photographs if the images pertain to sensitive contexts or circumstances.


Liability
Under no circumstances will Photographer be liable for damages related to data loss, injury, or property damage occurring during the session. The Photographer shall not be liable for failure to deliver images if damages are caused by events outside the Photographer’s control, including but not limited to camera malfunction, client negligence, or acts of God.

Client is responsible for their safety and that of any minors accompanying them to the session. If any injury occurs, the Client releases the Photographer from liability related to accidents.

Copyright & Penalties
The Photographer retains the full copyright ownership over all images created. Unauthorized use, reproduction, sale, or alteration of images without written consent from the Photographer is strictly prohibited. Any image piracy or theft may result in legal action and the Client agreeing to pay damages, including a penalty fee.

Miscellaneous
Governing Law: This Agreement is governed by the laws of the Province of Ontario and shall be interpreted under Ontario law.

Any dispute that arises shall be handled in the jurisdiction of Ontario courts. Both parties agree to submit to the jurisdiction and venue of Ontario courts.


Client acknowledges and agrees to the above Terms & Conditions by signing below: