Entire Agreement: This agreement entered into for services between DESIGN, GRAPHICS, AND FOTOGRAPHY, LLC  hereinafter known as “DGF”, and _______________________ herein after known as “Client”. All prior and simultaneous agreements between the parties is hereby revoked and superseded by the terms entered into herein. This agreement can only be modified in writing and executed by all parties herein.

Payment & Prices: All Package costs are as stated at the time of booking & will remain once booking is confirmed. The full contract amount is due at the time of booking unless otherwise stated in writing. Upon your purchase, DGF, LLC will reserve the time and date agreed upon, and will not make other reservations for that time and date. Any payment towards services are non-refundable.  All costs for services are specified and entered into by Client on the DGF website located at www.bookdgf.com.  Invoices shall be available upon Client request.

Rescheduling: Due to the time specific nature of this service, clients must reschedule 24-48 hours before booking.

Acts of Nature: At the sole discretion of DGF, all services can be rescheduled if weather or other acts of God threaten the integrity of the work product.

Personal Recording Devices: Client may not bring cameras or other recording equipment to the session unless otherwise authorized by DGF.

Requested Coverage: Upon request DGF, LLC will honor requested specific photographs and/or footage, but does not guarantee the availability and delivery of same.

Artistic Style: Client acknowledges that she/he has viewed examples of previous work and is satisfied with the overall style of photography and/or videography that is presented. Client understands that differences in locations, subjects and lighting allow for variations in the final outcome of the Session. DGF, LLC reserves the right to artistically interpret how to photograph and/or record a scene. This may mean that some shots are color and some may be black and white. Client specifically consents to the digital compositing or distortion of the portraits, pictures, clips, and footage including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. Client hereby waives any right that they may have to inspect and approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied.

Indemnification:  Client hereby releases, discharges, and agree to hold harmless DGF, LLC his/her heirs, legal representatives, and assigns, and all persons acting under his/her permission or authority or those for whom he/she is acting, from any liability including but not limited to blurring, distortion, alteration, optical illusion, or use in composite form, trespass, land use, criminal acts, whether intentional or otherwise, that may occur or be produced in the taking of such photographs and/or footage or in any subsequent processing of them, as well as any publication of them, including without limitation any claims for libel, misrepresentation, and slander or violation of any right of publicity or privacy. In addition, DGF reserves the right, at Client’s expense, to assume the exclusive defense and control of any matter for which Client is required to indemnify DGF.  Client shall be solely responsible for DGF’s attorney fees and expense in defending their claim.

Cooperation & Physical Liability: All parties agree to cheerful cooperation and communication for the best possible result within the definition of this Agreement. DGF, LLC is not responsible nor liable for missed images due to any individual’s failure to appear or cooperate during the session. If there is any threat to DGF, LLC or their equipment by Client or agent herein, DGF, LLC reserves the right to terminate coverage immediately with no further liability to complete the agreed upon Service. Client acknowledges that no refunds will be available. Additionally, Client is responsible for their own conduct and the conduct of all participants in the Session. Any damage to equipment or studio components caused by the Client are the sole financial responsibility of the Client. Client agrees to hold DGF, LLC harmless for any injuries or damages sustained preceding, during, and immediately following the Assignment.

Copyright & Reproductions: DGF, LLC shall be the sole owner of all copyrights to all images, clips, and footage created during the Session and shall have the exclusive right to make reproductions. DGF, LLC, his/her heirs, legal representatives, and assigns, those for whom DGF, LLC is acting, and those acting with his/her authority and permission. They have the irrevocable, perpetual and unrestricted right and permission to take, use, re-use, publish, and republish photographic portraits, pictures, and videos of me or in which I may be included that I have done prior to today’s date and ongoing from today’s date, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at his/her studios or elsewhere, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever. DGF, LLC maintains the right to make reproductions for the Client or for the DGF, LLC’s portfolio, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the DGF, LLC studio.

Photographer: DGF, LLC may substitute another photographer to take the photographs in the event of Photographer’s illness, unavailability, or incapacity. In the event of such substitution, DGF, LLC warrants that the photographer taking the photographs shall be competent and completed in a professional manner as prescribed herein.

Limit of Availability: In the unlikely event that the DGF, LLC cannot perform this Agreement due to a medical or natural emergency, or other cause beyond the control of DGF, LLC, then the DGF, LLC shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of DGF, LLC. In the event DGF, LLC fails to perform for any other reason, DGF, LLC shall not be liable for any amount in excess of the retail value of the Client’s order.

Inherent Qualities: Client is aware that color dyes in photographs, photography, videos, and videography products 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.

Liability Event: Under the terms of this agreement and sufficiency of which is hereby acknowledged, the Client hereby releases and forever discharges DGF, its agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability,

from any and all claims, demands, damages, actions, breach of contract, causes of action or suits of any kind or nature whatsoever, which now have or may hereafter have, arising out of or in

any way relating to any and all injuries and damages of any and every kind, to both

person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the Liability.

Participation in Event/Activity: I and anyone claiming on my behalf release and forever discharge Releasee and its affiliates, successors and assigns, officers, employees, representatives, partners, agents and anyone claiming through them (collectively, the “Released Parties”), in their individual and/or corporate capacities from causes of action of any nature and kind, known or unknown, which I may have against Releasee or any Released Parties arising out of or relating to any injury, loss or damage to person and property that may be sustained as a result of participation in the Activity (“Claims”). I Client acknowledges that participation in the Activity involves inherent risks, including risk of physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent paralysis and/or death. Client will assume all related risks and voluntarily participate in the Activity. Further, Client agrees to indemnify Releasee against any and all claims, actions, lawsuits, damages and judgments, including attorney’s fees, arising out of or relating to my participation in the Activity. This Release for Participation in Event or Activity (“Release”) shall not be in any way construed as an admission by the Releasee that it has acted wrongfully with respect to me or any other person, that it admits liability or responsibility at any time for any purpose, or that I have any rights whatsoever against the Releasee.

Force Majeure: DGF, LLC be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that DGF, LLC shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.

Governing Law: The Terms and Conditions set forth herein shall be governed by the State of Florida. Client acknowledges that the courts of Miami Dade County shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms and conditions.

Other Terms: This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the Site. Of course, separate agreements may attach to any goods, products, or services you obtain, purchase, or use from the Site. In the case of a conflict between this Agreement and any agreement specific to any goods, products, or services that you obtain, purchase, or use from the Site, the terms of the specific agreement shall govern.
Any failure of DGF, LLC to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforce-ability of any other provision.

Acknowledgments:  The Client hereby acknowledges that they have read all of the terms and conditions set forth in this agreement and have entered into this agreement freely and voluntarily and intend to be bound by said terms.  In addition, Client acknowledges that they have signed and executed any and all release forms appended herein.