When you book a session and pay your retainer fee, you confirm your acceptance of these terms of service.

A retainer fee is a prepayment made by the client to Rainy Lalonde Photography, to secure their services for a specific timeframe. This fee serves as a commitment, ensuring that Rainy Lalonde Photography is reserved exclusively for the client during the agreed period and will refrain from accepting any other assignments or bookings. By paying a retainer, clients not only lock in the photographer's availability but also foster a dedicated partnership, allowing for better planning and preparation for the upcoming project or event.

This Agreement is made between Rainy Lalonde Photography (“Photographer”) and [You] (“Client”), encompassing all principals, employees, affiliates, and representatives of the Client. The Client confidently affirms its authority to represent its employer, company, or organization. The Photographer and Client engage in this Agreement as independent contractors, establishing a clear and professional partnership.

Clients who fail to attend their scheduled photo sessions will be required to make payments in advance for any future bookings. This policy ensures that we can efficiently manage our time and resources, allowing us to provide the best possible service to all our valued clients.

USAGE RIGHTS AND OWNERSHIP
The Client acknowledges that the Photographer holds the title of the Author of the Image(s) and is the exclusive and sole owner of all copyrights pertaining to those Image(s). This ownership includes, but is not limited to, all rights to reproduce, distribute, and display the Image(s) in any form or medium. All copyrights related to the Image(s) remain the undisputed property of the Photographer, with no limitations. The specific usage rights that the Photographer grants to the Client for the Image(s) are clearly outlined in the next section of this Agreement, ensuring clarity regarding any permitted uses and restrictions associated with the Image(s).

The Client acknowledges and agrees that they are not acquiring ownership of the Image(s). Instead, they are obtaining a limited license to utilize the Image(s) under the terms outlined in this Agreement. The license term will commence on the date the Photographer receives full payment of the invoice and will continue upon the delivery of the images, as specified in the contractual terms. Unless a different arrangement is reached through mutual agreement, the Photographer retains the unrestricted right to utilize the Image(s) for purposes of self-promotion. This may include, but is not limited to, displaying the Image(s) in their portfolio, on their website, or in marketing materials to showcase their work to potential clients.

ALTERATIONS
Client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Portrait sessions include editing which consist of changes to the color, crop, contrast, and exposure at the photographer's discretion. Portrait sessions do not include retouching. High end skin retouching is available at an additional cost, unless done at the photographers discretion.

LIABILITY AND RELEASES
The Photographer will assertively ensure that all reasonable care is taken in the production of the Image(s) and in fulfilling this Agreement. However, it is important to note that the Photographer will not be held liable for any loss, damages, or costs experienced by the Client or any third parties as a result of the Client’s use of the Image(s).

The Client unequivocally agrees to indemnify, defend, and hold the Photographer, as well as his contractors and representatives, completely harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and related expenses, that may arise from the Client’s use of the Image(s).
It is essential for the Client to recognize that the Photographer is not responsible for obtaining model releases, property releases, trademark permissions, copyright clearances, or any other necessary consents related to the Image(s), unless expressly stated in this Agreement.

The responsibility to secure all required permissions for any use of the Image(s) that necessitates such releases or consents lies solely with the Client. Should the Photographer agree to deliver any releases, it is the Client’s prerogative to determine the suitability of those releases for their specific purposes.
The Photographer provides no warranties or guarantees regarding the legal validity of any release delivered.

Regardless of the circumstances, the Photographer’s liability for any claims shall not exceed the total amount paid by the Client under this Agreement, thereby clearly defining the limits of liability.



LIABILITY

ALTERATIONS