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Terms of Service

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Terms of Service

This agreement is between the Client, whose name and address is listed above, and Resilience Pictures.

1.Retainer and Payment. The Client shall make a non-refundable retainer of %50.00 to the Photographer to
perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon
by both parties exclusively for you. Please make check payable to Anh H. Tu. Or Pay by card.

2. Cancellation. If Client requests to amend or cancel this agreement 7 or more calendar days before the
session date, the retainer shall be applied a mutually agreed upon reschedule date. If Client cancels this
agreement, or fails to show, this agreement 6 or less calendar days before the session date, the retainer shall
be forfeited. Client understands and agrees that Photographer will not book other sessions during this time. In
the event that Client cancels the portrait session or fails to attend the session on the Session Date, for any
reason, Photographer shall suffer losses that are difficult to ascertain.

4. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials
released to the client.

5. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies,
proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make
gallery proofs available through an online gallery proofing website. These proofs shall be available to the
Client within 2 weeks to 1 month of the session. If an online proofing gallery delivered, it shall remain open for
120 days from delivery. Clients will receive an email containing a link to Dropbox that contains the
photographic images of the shoot.

6. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall
have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio
entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website
and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first
obtaining the written permission of the Client. It is understood that any duplication or alteration of original
images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium
Copyright Act 2005, Section 102} without the written permission of the Photographer.

7. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions
within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests,
reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the
Photographer provides a digital file print release, the Client must act in accordance with the release.Page 2 | 3

8. Social Media. The Client may share blog post links, Facebook posts through use of the share functions and
dissemination of direct links. Clients are encouraged to share images through social media, so long as credit is
given to the photographer. An Instagram and Facebook images folder will also be provided for specific
postings to help optimize the image quality when posted online.

9. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire,
casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall
make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall
return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to
deliver photographic materials due to technological malfunctions, including but not limited to camera and
processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.

10. Photographer. The Photographer reserves the right to substitute with another photographer. The substitute
photographer is chosen at the discretion of the Photographer and does not constitute a breach of this
agreement. The Photographer warrants the substitute photographer to be of comparable quality and

11. Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s
Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in
effect at the time when the order is placed.

12.Travel and Overage Fees. The Client shall pay .50 per mile for travel 30 or more miles outside the Zip
code of 95123.
Air Flight fees and hotel costs will be applied on top of the photography fee if the photographer were to be
required to fly out for the photo shoot.

13. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall
be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American
Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s
office and the arbitration award may be entered for judgment in any court having jurisdiction thereof.
Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than
$200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the
controversy in dispute.

14. Indemnification. The Photographer shall be held harmless for any and all injury to client during the course
of the photography session and the immediately surrounding events.

15. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this
Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall
not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision
of this Agreement. This Agreement shall be governed by the laws of the State of CA.

16. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract
to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise
enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs,
premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief
that may be awarded.