Maine Headshot Studio/Brian Fitzgerald is the exclusive official photographer retained to perform the photographic services requested in this contract. Another photographer may substituted to take photographs in the event of illness or scheduling conflicts. In case of the substitution, Maine Headshot Studio/Brian Fitzgerald warrant that any substitute photographer is a trained, competent professional photographer. Maine Headshot Studio/Fitzgerald Photo/Brian Fitzgerald reserves the right to use, reuse, publish and republish images created under this contract in whole or in part, individually or in connection with other material, in any and all media now and hereafter known, including the internet, and for any purpose whatsoever (except pornographic or defamatory), specifically including illustration, promotion, art, editorial, advertising and trade, without restriction as to alteration. The client signing this contract warrants that he or she as actual authority to agree to the use of the likeness of all persons included in the portrait and shall release and discharge Studio/Photographer from any and all claims and demands that may arise out of or in connection with the use of the photographs, including all claims for libel or violation of any right of publicity or privacy. Digital files and proofs remain the exclusive property of the Studio/Photographer and are not transferrable without written agreement. No part of any order, including digital proofs, will be delivered until the balance is paid in full. Upon payment in full, this agreement between the Studio/Photographer and the Client permits Client to use final selected images for unlimited, non-exclusive public relations, web and collateral use except for national print and web advertising, billboards or TV advertising. Upon payment of deposit or session fee in full, the Studio/Photographer shall reserve the agreed-upon time and date. Unless the Studio is able to fully replace the cancelled reservation, all sitting fees and deposits are non- refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather. If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the studio/photographer, photographer may elect to use an alternate location or to reschedule the portrait. If the Studio/Photographer cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emer- gency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Studio/Photographer fails to perform for any other reason, the Studio/Photographer shall not be liable for any amount in excess of the retail value of the Client’s order. The prices in this Contract are set by the Studio’s/Photographer and may be changed or adjusted periodically at the Studio/Photographer’s discretion. All orders are charged at the rates in effect at the time order is placed or time reserved. This Contract incorporates the entire understanding of the parties. Any modifications of this Con- tract must be in writing and signed by both parties.