PHOTOGRAPHY SERVICES: TERMS & CONDITIONS

Photographer: Walker Chase Photography LLC ("the Company")

In the event of a conflict between these Terms and the Model Release, these Terms shall govern the logistical and financial aspects of the transaction.

1. GOVERNING LAW & JURISDICTION

This Agreement shall be governed by the laws of the State of Louisiana. The parties agree that any legal action not subject to the dispute resolution provisions in Section 12 shall be brought exclusively in the state or federal courts located in Bossier Parish, Louisiana. Both parties hereby consent to the personal jurisdiction of such courts and waive any objection to venue in such courts Walker Chase Photography.

2. PAYMENT & RETAINER

(a) Non-Refundable Deposit: The Sessions Partial Amount (Retainer) is required to secure the date and time of the session. This retainer is non-refundable and covers the Company's administrative costs and the loss of other booking opportunities. However, a portion of the deposit may be refunded or potentially in its entirety upon my discretion.

(b) Balance Due: For individual sessions, the remaining balance is due on or before the session date. For Group Sessions, each participant's portion must be paid in full prior to their individual participation.

(c  )Rights Granted: No usage rights (digital or print) are granted to the Model or Guardian until all fees are paid in full.

3. SALES TAX.

The Photographer is required by law to collect and remit sales tax on services and deliverables (including both digital images and physical products). The Model/Guardian agrees to pay the applicable sales tax based on the current rates in effect at the time of the session and/or delivery of the Photographs. The final tax amount will be clearly itemized on the final invoice.

4. DELIVERABLES & EDITING STANDARDS

(a) Additional Edits and Invoicing: Requests for edited and retouched images beyond the standard gallery allotment or the initial selection will incur additional charges. If the original session invoice has been closed, a separate invoice will be issued detailing the specific additional work and cost. All additional fees must be paid in full before the extra images are processed and released.

(b) Artistic Vision and Style: The Company aims to deliver a final product that aligns with the Model/Guardian’s preferences while preserving the Company’s signature professional aesthetic. While the Model/Guardian is encouraged to provide input regarding the desired editing style prior to the commencement of post-production, the Company retains final creative control over the editing process to ensure artistic integrity and brand consistency.

(c) Bonus Images: If the Company identifies images not selected by the Model/Guardian that possess high artistic or portfolio value, the Company may, at its sole discretion, include these as "Bonus Images" at no additional charge.

(d) Delivery Timeline: The standard turnaround for the final gallery is 2 to 3 weeks from the date the Model/Guardian completes their final image selection. (i) Scheduling: Images may be delivered earlier than the 2-week minimum depending on the Company's schedule; however, early delivery is not a guarantee. (ii) Extensions: In the event of high seasonal volume or unforeseen circumstances, the Company reserves the right to extend this timeline and shall notify the Model/Guardian via a reasonable method to provide an updated estimate.

e) Gallery Store and Physical Products: The Company provides an integrated online store within the final gallery, allowing the Model/Guardian to purchase professional-grade physical products (e.g., prints, graduation cards, metal or wood prints). (i) Third-Party Fulfillment: All physical products are made-to-order and fulfilled by White House Custom Colour (WHCC). (ii) Independent Delivery Timeline: Physical products have a completely separate delivery timeline from the digital gallery; estimated production and shipping times will be communicated to the Model/Guardian by the provider during the checkout process. (iii) Shipping: Purchased items are shipped directly from the laboratory to the Model/Guardian.

(f) Independent Transactions and Commissions: Any purchases made through the gallery store are completely separate and distinct from the final session invoice. (i) Payment: Payments for store products are made directly to the print fulfillment partner and the Company’s gallery host at the time of purchase. (ii) Disclosure: The Company receives a small commission on all sales made through the gallery store

(g) Image Quantity and Selection: The Company agrees to provide a curated final gallery of 30 to 50 high-resolution images for individual sessions. The final number of delivered images is contingent upon the Model/Guardian’s selection. Should the Model/Guardian select fewer than the minimum stated above, the Company’s obligation is limited only to delivering those images expressly chosen. (i) Group Sessions: For group sessions (including but not limited to Homecoming and Prom), the final image count per participant will likely be less than the standard 30-50 images. These specific deliverables will be clearly communicated to the group or organizer prior to the session.

(h) Professional Editing and Retouching: All images selected for the final gallery will be fully edited and professionally retouched. This includes color correction, exposure adjustment, and standard skin/background cleanup to meet the Company’s professional quality standards.

(i) Proofing and Selection Process: Following the session, the Company will provide a proofing gallery for image selection. (i) Initial Gallery:Images in the proofing gallery may be lightly retouched or unedited; these are "works in progress" and are not intended for final use. (ii) Selection: The Model/Guardian will select their images within the agreed-upon allotment. (iii) Refinement: Once selections are made, the Company will provide editing style options for the Model/Guardian to choose from to ensure satisfaction before final professional retouching.

5. CANCELLATION & RESCHEDULING

(a) Client Cancellation: If the Model/Guardian cancels within 72 hours of the session, the Retainer is forfeited. Same-day cancellations or "no-shows" may be subject to the full session fee.

(b) Rescheduling: One reschedule is permitted if requested at least 48 hours in advance.

Subsequent reschedules may incur a fee of $25.00.

(c) Company Cancellation (Force Majeure): If the Company cannot perform due to fire, casualty, strike, act of God, illness, or emergency, the Company shall return all fees paid but shall have no further liability.

6. ARTISTIC STYLE & EDITING

(a) Artistic Discretion: The Model/Guardian acknowledges they have viewed the Company's portfolio and agree that the Photographs will be edited in the Company's signature artistic style.

(b) No Alterations: The Model/Guardian agrees not to alter the Photographs (including but not limited to Instagram filters, cropping, or Al-generated modifications) as this misrepresents the Company's professional work.

(c) Raw Files: The Company does not deliver unedited (RAW) files under any circumstances.

7. SOCIAL MEDIA & ATTRIBUTION

(a) Tagging/Credit: When posting Photographs to social media, the Model/Guardian agrees to provide a clear credit or tag to Walker Chase Photography LLC (e.g.,"Photo by @WalkerChase1225").

(b) Commercial Use: These Photographs are provided for personal use only. Any commercial use (e.g., selling to a brand or using for business advertising) requires a separate licensing agreement and fee.

8. DATA RETENTION & STORAGE

(a) Gallery Availability: Final edited Photographs will be delivered via a digital gallery and will remain available for download for 2 weeks from the date of delivery. It is the Model/Guardian's sole responsibility to download and backup all images during this window.

(b) Archival Policy: The Company is not sparked to maintain copies of the Photographs. While the Company may choose to archive images as long as it is feasible, it does not guarantee the permanent storage or future availability of any files. However, we do maintain redundant copies of our entire catalog

(c) Loss of Data: The Company is not liable for the loss of images due to hardware failure, file corruption, or third-party hosting issues once the initial 2 week download window has passed. However, we go out of our way to maintain multiple copies of data for archival purposes,

9. FORCE MAJEURE (UNFORESEEABLE EVENTS)

Neither the Photographer nor the Model/Guardian shall be held liable for any failure or delay in performance under this Agreement if such failure or delay is caused by circumstances beyond their reasonable control. These 'Force Majeure' events include, but are not limited to: acts of God (such as hurricanes, floods, tornadoes, or severe storms), government-mandated evacuations or road closures, pandemics, power outages, or sudden illness/injury of the Photographer.

In the event of such a circumstance, the Photographer will notify the Model as soon as reasonably practicable. Both parties agree to make a good-faith effort to reschedule the session to a mutually agreeable date once the event has subsided. If rescheduling is impossible, any deposits or fees already paid may be applied to a future session at the Photographer's discretion

10 . LIMITATION OF LIABILITY

(a) Equipment Failure: In the unlikely event of digital media failure or equipment malfunction, the Company's liability is limited to a refund of the fees paid for that specific session.

(b) Safe Environment: The Company is not responsible for injuries or property damage sustained during the session unless caused by the Company's gross negligence.

11. PROFESSIONAL CONDUCT & REPUTATION

(a) Non-Disparagement: Both parties agree not to post or disseminate defamatory or disparaging remarks concerning the other's services or professional reputation in any public forum or social media platform.

(b) Right of Publicity (Allen Toussaint Legacy Act): In accordance with La. R.S. 14:102.23, the Model/Guardian grants Walker Chase Photography LLC the irrevocable right to use the Model’s identity (name and likeness) for the Company’s portfolio, marketing, and commercial promotional purposes..

12. DISPUTE RESOLUTION & BINDING ARBITRATION 

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES AN INFORMAL ATTEMPT TO SETTLE DISPUTES AND LIMITS YOUR CONSTITUTIONAL RIGHT TO A JURY TRIAL. 

(a) Mandatory Negotiation: Parties must attempt to resolve disputes informally for 30 days before taking any legal action.

(b) Small Claims Exception: For disputes under $5,000.00, either party may bring an action in the Small Claims Division of the Bossier City Court.

(c) Binding Arbitration: For disputes over $5,000.00, parties agree to final and binding arbitration in Bossier Parish, Louisiana, pursuant to La. R.S. 9:4201.

(d) Explicit Waiver: By initialing below, the Model/Guardian acknowledges they are waiving their constitutional right to a judge or jury trial, and their right to appeal the arbitrator's decision. 

ACKNOWLEDGMENT OF DISPUTE RESOLUTION:

I HAVE READ THIS SECTION AND AGREE TO THE NEGOTIATION PERIOD AND THE WAIVER OF MY RIGHT TO A JURY TRIAL FOR CLAIMS EXCEEDING THE SMALL CLAIMS LIMIT.