Simply Santa

Client Information

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SESSION DETAILS AND STUDIO CONTRACT

EXPERIENCE FEE: $175 for 10 minute session (up to 3 children - $25 per addtional children) + 5 digital download files

TERMS AND CONDITIONS: There are no refunds on cancellations for any reason. You are welcome to gift your session to a friend or family member. You are responsible for collecting session fee should you choose to sell your time slot. Each child reacts to Santa differently. Sandra is not responsible for reactions to Santa or a child having various emotions (especially expressions) toward Santa. Please come dressed to be in photographs in case your child is scared of Santa. You will be asked to join Santa to ease your child's fears. Sandra will make every effort to comfort or redirect your child's attention. In case of a government shutdown or further restrictions, we have a backup plan which may mean a change in session dates, setup design, changing from an in studio sessions to an outdoor location, or holiday portraits without Santa. Any amount over future session fee will be used as a product credit toward products/digital files. Any shortage will be discussed and invoiced. 

FORCE MAJEURE: Neither party shall be liable for any costs or damages due to delay or nonperformance under this Agreement arising out of any cause or event beyond such Party’s control, including but not limited to Acts of God, fire, flood, explosion, earthquake, or other natural forces, war, civil unrest, accident, work stoppage, power or other mechanical failure, governmental action, or communication disruption. A Party claiming the benefit of this provision shall, as soon as reasonably practicable after or during the occurrence of any such event, (a) provide written notice to the other Party of the nature and extent of any such Force Majeure condition; and (b) use commercially reasonable efforts to remove any such causes and resume performance under this Agreement, as applicable, as soon as reasonably practicable.

COPYRIGHT & USAGE OF IMAGES: The Photographer maintains full copyright ownership to any photographs she captures.  All images are protected under Federal Copyright Law and remain the copyright of the Photographer.  It is illegal to copy, scan, download, print, modify, reproduce, or otherwise steal any image created by the Photographer unless given written consent in the form of a Copyright Release.  This applies to images posted in a Private Online Gallery, Blog, Facebook, Instagram, Hard Copy Images, etc. If the Client steals images via any method above or any other method, the Client will be charged legal fines and invoiced for the cost of EACH image stolen, at the Photographer's current price per image.  Printing rights (a.k.a. reproduction rights) are not the same as Copyright.  If you, the Client, have any questions regarding copyright and the use of photographs please contact the Photographer.

MODEL RELEASE: The Model Release form grants the Photographer, Sandra Henderson, and Santa Claus, Barry Westmoreland, the irrevocable and unrestricted right to use and publish photographs of the Client, Client's child/children, or other photos from the session. The Client may not include said photos for editorial, trade, advertising, social media, and other purposes, and in any manner and medium without the express written permission from the Photographer. An additional fee is required to maintain client privacy.

CREATIVE LICENSE: Sandra Henderson Photography maintains free creative license with respect to artistry, style, editing, and composition of photographs. The client understands that the Simply Santa sessions are edited differently than the Storybook Santa Sessions. While portraits from the Simply Santa session will be edited professionally, they will not have added magical editing. 

PETS: No furbabies are allowed per Santa's request.

CAMERAS: No cameras (cell phones included) allowed. it is important that your child not realize that you are taking photos and direct their attention toward you and away from the experience. The session will end immediately and no refunds will be given. 

 


COVID RELEASE AND LIABILITY WAIVER

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND CONSTITUTES A CONTRACT BETWEEN ME AND PHOTOGRAPHER NAME “SANDRA HENDERSON PHOTOGRAPHY”.

I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT DURESS OR COERCION AND I AM AND HAVE BEEN FULLY INFORMED OF THE CONSEQUENCES OF MY SIGNATURE HERETO.am a voluntary participant for the photography event to occur on DATE at LOCATION with PHOTOGRAPHER information.

I am a voluntary participant for the photography event to occur on the date and time listed on this contract with Sandra Henderson Photography.

I AM AWARE THAT PARTICIPATION IN THIS SESSION MAY INVOLVE INTERACTION THAT COULD POTENTIALLY LEAD TO INJURY, SICKNESS OR EVEN DEATH. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES AND INTERACTIONS WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH MY PARTICIPATION IN THIS ACTIVITY. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH THE CURRENT COVID-19 PANDEMIC AND CONTINUE THIS ACTIVITY AGAINST CENTER FOR DISEASE CONTROL AND/OR GOVERNMENTAL DIRECTIVES.

I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.

I hereby waive, release and forever discharge Sandra Henderson Photography (“Released Parties”) from any and all claims I may have now or arising in the future related to my participation in the photography session. I covenant and agree not to sue any Released Parties for any such claims. I hereby waive, release and forever discharge the Released Parties from all of the following (the “Claims”): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which I have or may have in the future (including court costs, attorneys’ fees, and litigation expenses), that may arise out of, result from, or relate to my participation in the session or my travel to and from such activities. I understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions; and claims for medical or hospital expenses, including medical transportation services. I understand and agree that the foregoing waiver, release, and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any Released Parties. I understand that this waiver, release, and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf. I further agree to indemnify and hold harmless all released parties from any claims which I might make or which might be made on my behalf by others or which might be made against me by others, arising from my participation in the activities provided by the released parties, my travel to or from such activities.

This waiver shall remain valid unless expressly revoked by the participant or parent or guardian of a minor, in writing, with receipt acknowledged by the released parties.


Parent or Guardian Release 

I represent and warrant that I have the authority to give this release.

I am the parent or guardian of child(ren) named in contract, a minor, and on the minor’s behalf and on my behalf and on behalf of all other parents or guardians of the minor, I accept the release and waiver of liability at the top of this form as inducement for allowing my child, or this minor, to participate in the activity described above.

I further authorize any emergency medical care which may be necessary for my minor child.

The undersigned Parent or Legal Guardian of the minor child (the “Minor”) agrees:

  1.       To the express assumption of the risks associated with participation in the activity and fully acknowledges the dangers associated with participation in such events and activities;
  2.      To indemnify and hold harmless the released parties, including but not limited to any officers, directors, managers, employees, agents, successors, and assigns, from any loss, claim, suit, or judgment, including, but not limited to, the costs of defending any such claims, including, attorneys’ fees, resulting from any injury, death, loss, or damage sustained or claimed by Minor or Minor’s personal representative;
  3.      To waive the rights of myself and all other parents or guardians of the Minor, and of the Minor, to sue the released parties, its officers, directors, managers, employees, agents, successors, and assigns;
  4.      To fully inform the released parties of any medical conditions or concerns related to my minor prior to minor’s participation in the event;
  5.      That the minor has my full consent to and knowledge of participation in this activity.

This Agreement shall be governed by the laws of North Carolina.

In the event any portion of this Release shall be declared invalid, unenforceable, or void by a court of competent jurisdiction, the remaining provisions of this Release shall remain in full force and effect.


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Sub Total
$175.00
NC Sales Tax
$11.81
TOTAL
$186.81

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