Fall Mini Sessions

These mini sessions are being offered at 3 different locations from September through November. Cost is $495 for 15 minutes and 10 images.

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Siesta Beach
SATURDAY November 7th Siesta Key Beach

SATURDAY November 7th Siesta Key Beach -- No more choices left --
SUNDAY November 8th Siesta Key Beach

SUNDAY November 8th Siesta Key Beach -- No more choices left --
Rothenbach Park
SUNDAY October 25th Rothenbach Park

SUNDAY October 25th Rothenbach Park -- No more choices left --
SUNDAY November 22nd Rothenbach Park

SUNDAY November 22nd Rothenbach Park -- No more choices left --
South Lido Beach
SATURDAY October 24th South Lido Beach

SATURDAY October 24th South Lido Beach -- No more choices left --
SATURDAY November 21st South Lido Beach

SATURDAY November 21st South Lido Beach -- No more choices left --
Name Name First Last
Email
Phone Phone - ### - ### ####
Please list how many people will be in the session (add names and ages of any kids please)
All sessions must be paid in FULL upon booking. There will be no refunds for weather, illness or failure to show up to your session. You will instead receive a credit for another session with me. If you are more than 5 minutes late to your session and you have the earlier time slot, you will have to forfeit your slot in order to not affect the following session.
c. Photographer Obligations: Photograph shall take photographs at the Event at the sole artistic
discretion of the Photographer. Client acknowledges that no specific Images or photographs are
guaranteed to be taken. However, Photographer will attempt to create Images and take photographs as
requested by the Client.
d. Delivery of Images: One set of processed digital Images to be mailed or delivered to
Client within 2-3 weeks of event date on the following format: Online Gallery
Use of Images; Grant of Rights. Images are strictly produced for the Client's
personal use. Client assumes all liability for any form of copyright infringement. Upon
receipt of payment in full from Client, Photographer hereby grants to the Client the exclusive
right to use and to reproduce the Images for personal, noncommercial purposes. These rights
shall be worldwide and for the full life of the copyright and any renewals thereof, unless
utilized for commercial purposes including resale. The grant of rights includes copyrights and
electronic rights, unless specified to the contrary herein. Electronic rights granted shall be
subject to the usage restrictions shown above. For purposes of this Agreement, electronic rights
are defined as rights in the digitized form of works that can be encoded, stored, and retrieved
from such media as computer disks, DVDs, computer databases, and network servers. If any of
the Photographer's images are published (on the web or any other media), proper photo credit such as
"© Photo by Nicole Kristin Photography” is required. Photographer retains and claims the right of
restraint to prohibit the use of the Images for commercial purposes, including sale or resale, without the
prior written consent of Photographer. The Client shall not reproduce or offer the Images for sale
without obtaining the prior written consent of Photographer and the payment of any additional fees
imposed by Photographer.

This Session Fee is for photography at the Event and delivery of one set of the Images as set forth in
paragraph 1 herein, including usage rights granted herein.
Expenses. Client agrees to reimburse the Photographer for all reasonable expenses incurred in
creating the Images, provided that such expenses shall be itemized and supported by invoices or
receipts provided to Client by Photographer. Client is responsible for all out-of-pocket expenses such
as parking, entry, toll and other expenses directly related to the photographic assignment provided

that such expenses shall be itemized and supported by invoices or receipts. These expenses shall be
in addition to the fees set forth in paragraph 4 of this Agreement.
Payment Terms; Termination. Client agrees to pay the Photographer the
remaining balance of the Base Fee at or prior to the start of the Event. Additional costs and orders
(reprints, enlargements, albums) must be paid in full at the time of order. Upon receipt of
the reservation fee deposit, the Photographer reserves the time and date agreed upon. For this reason,
all reservation fees are nonrefundable, even if the event date is changed or canceled for any
reason. If final payment is not received as required herein, Photographer will not deliver the Images
or attend said Event. Termination by the Client shall be in writing and sent by certified
mail to the Photographer at least seven days prior to the date of the Event. In the event of a timely
termination of this Agreement by Client, the Client agrees that all deposits and fees already paid to
the Photographer as of the date of the notice of termination shall be forfeited. If Client terminates
within 7 days of the Event, or fails to allow Photographer to perform at the Event, Client shall
be liable for and pay Photographer the total fee specified herein.
Liability. The Photographer and any of her agents or third party associates will not be
liable in the unlikely event that a problem arises, whether due to accident, loss of materials, acts
of God, equipment or other failures not caused by Photographer. The Photographer is
not responsible for loss of, or interference with, the photography or Images including but
not limited to, restrictions of the location, interference from surrounding devices,
access limitations, flash restrictions, equipment malfunctions and other similar the
like. This limitation on liability shall also apply in the event that photographic materials or
Images are damaged in processing (film or digital), lost through camera malfunction, lost in
the mail other otherwise lost or damaged without fault on the part of the Photographer. Client
understands the unpredictable and non-posed nature of photojournalism (assumption of risk)
and waives any rights, remedies and/or claims due to missed or lost photographs (including but
not limited to unintentional infliction of emotional distress and negligence). In any event, the
Photographer’s liability is limited solely to the return of all payments received from the
Client under this Agreement.
Authorship Credit; Copyright Notice. Authorship credit and copyright notice in the
name of the Photographer (i.e., Nicole Houser) shall accompany or be placed upon the
Images when reproduced. All copyrights, as well as originals, whether negatives or digital,
remain the sole property of the Photographer subject to Client's rights under paragraph 2. In the
event that digital negatives are provided, the photographer still retains all copyrights on the
negatives, photographs and Images.
Ownership of Physical Images and Storage Media. The physical Images, sketches
and any other materials created in the process of making the finished Images remain the sole
property of the Photographer until final payment is made pursuant to paragraphs 3 and 4, after
which the physical Images with all rights will be surrendered to and become the sole property of
the Client. All original photographic materials, including but not limited to digital files,
negatives, transparencies, proofs and previews, shall be the exclusive property of the
Photographer, subject to the Client's rights to obtain and make reproductions of the physical
Images.
Indemnity. The Client agrees to indemnify and hold harmless the Photographer against
any claims, lawsuits, judgments, court costs, damages and other expenses, including attorneys’
fees,
of this
arising
Agreement
from
.
or related to the Client’s use of the Images or the Photographer’s performance

fees, arising from or related to the Client’s use of the Images or the Photographer’s performance
of this Agreement.
Permissions to Photograph. It is the sole responsibility of the Client to secure
permission from the venue of the Event for the Photographer to photograph the event. The
Client is responsible for the payment of any photography permit fees. In the event Client fails or
refuses to pay for any such permit fee despite having been informed by the Photographer that
such fee is required, Client is responsible for any and all related costs or fines if applicable.
Final Photo Product. The Photographer makes no guarantee, either express or
implied, as to the quality of the Images, because they are subjective and, in addition, may be
influenced by many factors beyond the control of the Photographer, especially during live or
unrehearsed events. It is also understood that the Client is hiring the Photographer for her
technical and artistic expertise and, therefore, the Photographer reserves the right to edit the
Images as she sees fit. Client is aware that color dyes in photography may fade or discolor
over time due to the inherent qualities of dyes, and Client releases Photographer from any
liability for any claims whatsoever based upon fading or discoloration due to such inherent
qualities. It is recommended to place the Images, DVDs and album in a dry, cool, shaded area
and never in direct sunlight in order to maximize the archive life. Client is aware the digital files
may be corrupted due to inherent media deficiencies and random interference.
Model Release; Use of Images by Photographer. The signing of this Agreement by
the Client constitutes a commercial model release by the Client to the Photographer. The
Photographer shall have the right to make reproductions of the Images and to use any Image
for display in Photographer’s portfolio, for promotion of Photographer’s work, in
Photographer’s website, for advertisement/marketing by Photographer and professional
competition without further release. Client waives all claims, rights and remedies, including but
not limited to the tort of invasion of privacy, due to any reproductions or use of the Images by
Photographer.
Miscellaneous. This Agreement constitutes the entire agreement and understanding
between the parties. Its terms can be modified only by an instrument in writing signed by both
parties. A waiver of a breach of any of the provisions of this Agreement shall not be construed
as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement
shall be binding upon the parties hereto and their respective heirs, successors, assigns, and
personal representatives. This Agreement shall be governed by the laws of the State of Florida.
In any action for the enforcement, breach or interpretation of this Agreement, the prevailing party
shall be entitled to recover attorneys’ fees from the non-prevailing party, whether for negotiation,
trial or appellate purposes.
Counterparts and Facsimile Signatures. This Agreement may be executed in one or
more counterparts each of which shall be deemed an original but all of which together shall
constitute one and the same instrument. Signed signature pages may be transmitted by
facsimile or e-mail, and any such signature shall have the same legal effect as an original.

****All raw files will be kept for 6 months, then deleted permanently. The edited jpeg
images from our session will be kept in an online gallery for one year and then deleted. Please
store/save your images accordingly.****

Draw or Type

I understand this is a legal representation of my signature. Clear

Full Name

I understand this is a legal representation of my signature.
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Fall Mini Sessions

Fall Mini Sessions

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Total

Siesta Beach

Rothenbach Park

South Lido Beach

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Fall Mini Sessions

Fall Mini Sessions

$0

Total

Siesta Beach

Rothenbach Park

South Lido Beach

$0

Total

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