1. SERVICES. It is understood that Photography by L.Morgan Photography is the exclusive, official Photographer retained to perform photographic services requested on this contract.
2. RETAINER. Prior to the Photographer commencing the Assignment, the Client(s) shall pay the Photographer fifty percent (50%) of the Photographer’s booking price or of the print collection price, which shall be applied against the total due. This agreement is valid only on payment of the retainer specified above. The retainer is NON-REFUNDABLE. This NON-REFUNDABLE retainer allows photographer the time to consult with client(s) on preferences, inspect locations, and block this time off the calendar making Photographer unavailable to other potential clients.
3. PAYMENT. The Client(s) shall pay the remaining balance one (1) month prior to the session date, unless otherwise stated above. The Photographer will make no edits to the photos until payment is received in full. The Client(s) shall be responsible for and pay all sales tax due. Balances unpaid after thirty (30) days are subject to an interest charge of twelve percent (12%) annually. No images will be delivered until payment is received in full.
4. BREACH. Failure by the Client(s) to make the second or final payment as scheduled may be deemed a breach of contract by the Client(s), which hereby relieves the Photographer of all remaining obligations herein. Upon a breach of
this contract by the Client(s), the Photographer may hereby exercise all of its rights in law and equity and may seek relief as provided in Clause 28 below.
5. COLLECTIONS. The Client(s) agrees to meet any and all reasonable charges and expenses incurred in the collection of delinquent balances. The Client(s) shall be liable for any reasonable fees and charges required to enforce this contract, including but not limited to attorneys’ fees, court costs, and expert witness fees.
6. 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.
7. ASSIGNED PHOTOGRAPHER. L.Morgan Photography reserves the right to replace assigned photographers as necessary, such as in the event of an emergency, in order to honor this agreement. The Client(s), subject to time permitting, shall be advised accordingly and has the right to approve or disapprove such change in assignment.
8. COOPERATION & PHOTOGRAPHER LIABILITY. The Photographer and Client(s) shall cooperate, agreeing to all schedules and arrangements for services to be provided, including arriving promptly for scheduled photography as agreed upon at a planning meeting. Changes to scheduled times shall be agreed upon prior to photography. The Client(s) agree(s) to meet with Photographer and/or representative(s) at least thirty (30) days prior to photography, agreeing on a schedule. Shot lists and requests are not contractually binding, but will be taken into consideration. Due to the limited and subjective nature of photo sessions, L.Morgan Photography cannot be held responsible/liable for requested photographs not taken or missed due to lack of coverage resulting from weather conditions, schedule complications, lack of cooperation or technical failure. The Photographer shall not be liable for issues caused by failure/breach of the Client(s) or those not party to this contract. In the event such circumstances prevent the Photographer from performing her obligations or delivering the agreed product or service, the Client’(s) sole remedy shall be the return of any deposits, as a Limitation on Damages as set forth in Clause 28, except any limitation that would be considered unlawful or unconscionable pursuant to Tenn. Code. Ann §47-2-719. Photographer also is not liable for incomplete weddings, separations before vows, and divorce. No refunds will be given in the event of such circumstances.
9. WEDDING DAYS. If this contract/agreement is for photography of a wedding, client agrees to provide a meal and drinks for Photographer and staff, not to exceed five people. Client(s) understand(s) that contract hours are set pursuant to the collection the Client(s) chooses to pay for. If a reception ends earlier than anticipated, all retainers paid to the Photographer will be retained by the Photographer.
10. DELIVERY. Completion of processing and editing of a photography session may take up to eight (8) weeks for delivery. Galleries will be delivered via an online delivery system. Original 'raw' photographs are never made available to the client. The Photographer retains the right to edit the photographs and omit any image. It is understood that the Photographer will not deliver every exposure taken. Client(s) agree(s) to abide by Photographer’s editing decisions.
11. ARCHIVING. L.Morgan Photography is not responsible for retaining photos past the guaranteed date listed above. Client(s) are responsible for making a backup of all photos. Backup copies are for Client(s) use only and may not be distributed to others. A fee will be charged to repost Digital Albums after they have expired.
12. INCLUDED EDITING. Editing involves basic adjustments, color correction and minor skin fixes. Heavy retouching of bodies, hair, skin or clothing is considered an advanced edit. Advanced edits are billed at forty dollars ($40) per photo. L.Morgan Photography will not edit body shapes, nor will they add or remove people from photos. Client(s) understands they are agreeing with the Photographer’s artistic vision and editing style, which is consistent with what is represented on Photographer’s website and social media.
13. CLIENT MAY NOT EDIT THE PHOTOGRAPHS IN ANY WAY. Client(s) understand(s) that when publishing photos on websites and social media, i.e. personal website, Facebook, etc., Client(s) will not intentionally edit the photos in any way, especially applying filters.
14. PRINTING. Only prints ordered through L.Morgan Photography will be guaranteed for color and quality. Client(s) may not print photographs unless given explicit permission by L.Morgan Photography in the form of a print release. If included, files in the “web” folder or with “web” in the name are resized and sharpened for web viewing. Client(s) may not print these files. These files should be used on the Internet only (web, Facebook, e-mail, etc).
15. ORDERS AND DELIVERY. Any order for prints and services in excess of those contracted will be billed at the photographer's current rates and are subject to a deposit of fifty percent (50%) at the time of the order and prior to commencement of work, with the balance due on completion. Finished work will not be released without payment of balances due. The Photographer shall endeavor to complete all orders within eight (8) weeks. The Client(s) acknowledge(s) that some phases of production are dependent on supplies and outside contractors and may be subject to delay.
16. NOTICE OF COPYRIGHT. It is ILLEGAL to copy or reproduce these photographs without Photographer’s permission, and violators may be subject to civil and criminal penalties. L.Morgan Photography retains copyright to the photographs. Printing and/or distribution rights may be granted as noted above. All copyrights are reserved, and unauthorized copies or scanning made by the Client(s) or his/her representatives or with his/her consent are subject to liquidated damages of ten (10) times the listed charges of such prints by the Photographer for each individual unauthorized copy or print.
17. MODEL RELEASE. Client(s) irrevocably and absolutely consents to the unrestricted use by L.Morgan Photography and staff and those acting with Photographer’s permission and authority, of Client’(s) name and any and all photographic or other images of Client’(s) event that Photographer creates or makes, for all purposes, in any form, in conjunction with Client’(s) own or a fictitious name, and in any and all media, including, without limitation, editorial publication, advertising, stock sale, art, promotion, solicitation, or trade. Client(s) waive(s) any right to inspect or approve the finished images, advertising copy, text, or other printed matter that may be used in conjunction therewith, or to the eventual use that the images may be applied. Client(s) releases and discharges Photographer and those acting under Photographer’s authority from any and all liabilities, claims and demands arising out of or relating to any blurring, distortion, use in composite form, or alteration whether intentional or otherwise, that may occur or be produced in connection with the images, or in connection with any processing, alteration, transmission, display, publication or other use of the Images. Client(s) further forever releases and discharges L.Morgan Photography and staff, from any and all claims, actions and demands arising out of or in connection with the use of said images, including without limitation, any and all claims for invasion of privacy and defamation.
18. RESERVATION OF RIGHTS. All rights not expressly granted are reserved by the Photographer, including but not limited to all copyrights and ownership rights in photographic materials, which shall include but not be limited to negatives, ‘raw’ images, edited images and/or reproductions, and prints. The Photographer may use reproductions from ‘raw’ files or negatives in part or in full for use on the web and social media, display, promoting and advertising the Photographer, teaching and lecturing, and illustration of related or unrelated articles as may be published.
19. BREACH OF COPYRIGHT LAWS. The Client(s) agree(s) that any violation by the Client(s) of any of the State or Federal Copyright Laws with regard to the proofs, digital files, negatives, or images that originated as a result of this contract shall constitute a breach of this agreement, giving the Photographer the right to pursue all rights and remedies in law or equity against the Client(s).
20. RELEASE OF NEGATIVE/RAW MATERIALS. The Client(s) acknowledges that unauthorized scanning or copying of images is unlawful and subject to prosecution. Original ‘raw’ photographs are NEVER made available to the Client(s), only edits. The Photographer may, but is not required to retain all raw files or negatives indefinitely.
21. PROVISIONAL INFORMATION. The following provisional information is provided by the Client(s) as a guide as to times, locations, and persons, groups, etc. that are to be photographed. This will be modified at a planning session prior to the date of photography. Information provided and discussed at a planning session is not part of this contract nor shall such information modify this contract.
Date(s) of planning session. Date(s) and time(s) of event. Location(s) of event. How many people are attending? List of people who may be specifically photographed.
22. SMALL SESSIONS/NON-WEDDING CANCELLATIONS & RESCHEDULING. Should the Client(s) cancel the assignment date or cancel this agreement, all retainers paid shall be retained by the Photographer. Photographer understands weather, illness, or other reasons may cause Client(s) to reschedule a session. Client(s) will not be charged a fee for rescheduling a session provided at least forty-eight (48) hours notice is given. Client(s) may reschedule the session, at the convenience of Photographer, without being charged a fee. No show or rescheduling within forty-eight (48) hours will incur a $50.00 rescheduling fee at the discretion of Photographer. 
The Photographer shall not cancel unless serious illness or other such physical handicaps shall render the Photographer incapable of carrying out her obligations. If the Photographer is incapable of carrying out her obligations, after having made every endeavor to obtain the services of a qualified and competent substitute, all deposits held by the Photographer shall be returned to the Client(s), as the Client’(s) sole remedy.
23. WEDDING CANCELLATIONS & RESCHEDULING. Should the Client(s) cancel the assignment date or cancel this agreement, all retainers paid shall be retained by the Photographer. In the event that the Client(s) does not walk down the aisle on the day of the event, all retainers paid shall be retained by the Photographer. In addition, in the event the Client(s) becomes inebriated and cannot finish the ceremony, all retainers paid shall be retained by the Photographer.
In the case of a postponement the retainer may be transferred to another date subject to Photographer’s availability and current price list (per Clause 6). Provided at least sixty (60) days notice is given to Photographer and the new selected date is within nine (9) months of notice of cancellation, no additional fees would be charged, at discretion of Photographer’s schedule. No show or rescheduling within sixty (60) days will incur a $500.00 rescheduling fee at the discretion of Photographer and Photographer’s schedule. 
The Photographer shall not cancel unless serious illness or other such physical handicaps shall render the Photographer incapable of carrying out her obligations. If the Photographer is incapable of carrying out her obligations, after having made every endeavor to obtain the services of a qualified and competent substitute, the retainer(s) held by the Photographer shall be returned to the Client(s), as the Client’(s) sole remedy.
24. CAMERAS AND LIGHTING. Any and all cameras, lighting, or other equipment belonging to the Photographer shall remain under the exclusive control of the Photographer and staff.
25. RELEASES. The Client(s) shall indemnify and hold harmless the Photographer against any and all claims, costs, and expenses, including attorneys’ fees, due to uses by Client(s) for which no release was requested from Photographer or uses which exceed the uses allowed pursuant to a release from Photographer.
26. NO WAIVER. Failure by the Photographer to exercise any and all rights under the terms of this agreement or enforce any part herein shall not limit its rights to exercise said rights in the future.
27. GOVERNING LAW; LEGAL FEES; ARBITRATION. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm pending the selection and confirmation of the arbitrator(s), any controversy or claim arising out of, relating to, or connected with this Agreement or the breach thereof must be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties agree that in the event of any suit or proceeding brought by one party against the other, the party prevailing therein shall be entitled to payment from the other party hereto of its reasonable counsel fees and disbursements in an amount judicially determined or determined during arbitration. Any arbitration under this Agreement must be administered exclusively by the Tennessee Regional Office of the American Arbitration Association.
28. LIMITATION ON DAMAGES. The Client(s) hereby agree(s) that in the event there is a ruling which determines that the Photographer has breached its obligations under this contract, then the maximum damages that the Client(s) is entitled to is the money paid in to the Photographer to date. Under no circumstances is the Client(s) entitled to any damage award which would exceed the money paid in by the Client(s) to date, except any limitation that would be considered unlawful or unconscionable pursuant to Tenn. Code. Ann §47-2-719.
29. HARASSMENT / ILLEGAL ACTIVITY. Photographer has the right to leave any event/location without return or any monies paid if the Photographer and/or staff are in a situation where they are made to feel unsafe or witness illegal activity.
30. NON-DISPARAGEMENT. The Photographer and the Client(s), agree not to disparage or otherwise speak or write negatively about any Protected Person, as defined below, or cause any other person to disparage or speak or write negatively about any Protected Person in any way, including by text messages, screen-shots, emails, and any form of internet postings, including social media sites (and this includes an agreement not to post or publicly distribute photographs of any Protected Person). For purposes of this Agreement, "Protected Person" shall mean (i) any Party or Individual Signatory to this Agreement, or any entity affiliated with a Party or Individual Signatory to this Agreement; and (ii) any owner, employee, member or agent of a Party to this Agreement; The Parties and Individual Signatories acknowledge that equitable relief, including but not limited to specific performance by injunction, would be an appropriate, although not exclusive, remedy for the breach of this provision. Because of the damage that a Protected Person will sustain by reason of the breach of this Section, each Party and Individual Signatory agrees to pay, as liquidated damages to the Protected Person who was the subject of the breaching conduct, $1,000.00 per each separate violation of the foregoing non-disparagement provision. Each Party and Individual Signatory acknowledges that the provisions of this paragraph are fundamental and essential for the protection of each Protected Person's legitimate professional reputation, business and proprietary interests, and such provisions are reasonable and appropriate in all respects.
31. SEVERABILITY. If any provision of this Agreement or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Agreement that can be given effect without the invalid provision or application and to that end, the provisions of this Agreement are severable.

Terms & CONDITIONS

Welcome to L.Morgan Photography. By accessing or using our website and services, you agree to comply with and be bound by these Terms and Conditions. Please read them carefully. If you do not agree with these terms, please do not use our website or services.

Definitions
"Photographer," "Studio," "We," "Us," "Our" refers to L.Morgan Photography.
"Client," "You," "Your" refers to the client or user of our services.
"Services" refers to the photographic services provided by L.Morgan Photography
"Website" refers to www.LMorganPhoto.com

Changes to Terms
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your continued use of our services constitutes acceptance of the revised terms.

Contact Us
If you have any questions or concerns about these Terms and Conditions, please contact us at:

L.Morgan Photography