Client Service Agreement
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider business.
Permitted Uses of Product(s). Provider grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Provider with attribution each time Client uses Provider's property. Personal use includes, but is not limited to, use within the following contexts:
iIn photos on Client’s personal social media pages or profiles; or
iiIn personal creations, such as a scrapbook or personal gift; or
iiiIn personal communications, such as a family newsletter or email or holiday card.
All photos and images taken by Photographer and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer. Photographer may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Model 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 Model.
Limit of Liability
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Provider shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client.
Appropriate Conduct/ Safe Working Environment
The Client(s) expressly agree(s) to take best efforts to provide LaLa Photography staff 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 LaLa Photography staff, LaLa Photography 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, LaLa Photography 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 LaLa Photography harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the LaLa Photography work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether LaLa Photography resumes work detailed in this Agreement.
CORONAVIRUS | COVID 19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization, COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
PLEASE reschedule your appointment if you have had a fever or cough or anyone in your household has had one. ALSO if you are waiting on test results we also ask you to kindly reschedule.
Lala Photography has put in place preventative measures to reduce the spread of COVID-19; however, Lala Photography cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further attending Lala Photography sessions or viewings could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this statement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Lala Photography and that such exposure to infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Studio may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Lala Photography employees and other clients at Lala Photography and their families.
I voluntarily agree to assume all the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at Lala Photography studios or participation in Lala Photography sessions or viewings (“Claims”). On discharge, and hold harmless Lala Photography, its employees, agents and representatives of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence Lala Photography, its employees, agents and representatives, whether a COVID-19 infection occurs before, during or after participation in any Lala Photography service(s).
I also agree that my child does not have any cold/flu symptoms including but not limited to cough or fever. If so we kindly ask that you reschedule your appointment to protect the health and safety of our staff and for a better photographic outcome of your child.