Service Agreement: Eternal Spring Visuals

1. The Parties and Purpose

This Service Agreement is made between Eternal Spring Visuals (the "Contractor") and the individual or business hiring them (the "Client"). The goal of this agreement is simple: the Client wants to hire the Contractor for professional photography or videography services, and the Contractor agrees to provide those services under the terms listed below. This document ensures that both parties understand their roles, the timeline, and the payment expectations to ensure a smooth, creative collaboration.

2. Services and Consultation

The Contractor will provide the specific services outlined in the package selected by the Client. To ensure the vision is clear, the Contractor provides one pre-service consultation. This meeting—held via phone, video chat, or in person—is the time to finalize the "shot list" and creative direction. To protect the Contractor’s schedule, this consultation must be completed no later than a few days before the shoot. Any additional services requested outside the original package will be billed at an hourly rate based on the project.

3. Styling, Props, and Outfits

The Client is responsible for their own wardrobe and props. Professional Hair and Makeup services are not included in any package unless explicitly stated otherwise in a custom quote.

4. Payment and Protecting Your Time

To secure a date on the calendar, the Client must pay a non-refundable retainer of 50% of the total cost upon signing this agreement. This fee is essential because it covers the time the Contractor spends in pre-production and the fact that the date is now blocked off from other potential clients. The remaining balance is due the day of the shoot.

5. The Schedule and "Wasted Time" Policy

Time is a finite resource for a professional creator. If the Client or any essential participants are more than 30 minutes late to a scheduled shoot, it will be considered a "No-Show." In this event, the session is canceled, and all money paid is forfeited to cover the Contractor’s lost workday. If the Contractor chooses to wait for a late arrival, that waiting time will be deducted from the total shooting time. The Client is also responsible for ensuring the location is accessible and that any necessary permits or permissions have been secured before the Contractor arrives.

6. Artistic Style and Final Deliverables

The Client is hiring the Contractor based on their existing portfolio and unique artistic vision. While the Contractor will make every effort to include specific suggestions, the Contractor has the final say on the artistic aspects of the shoot, including lighting, posing, and the editing process. The final deliverables will be provided in the format and timeline agreed upon in the chosen package. Please note that RAW or unedited files are never provided to the Client, as they represent an unfinished product.

7. Ownership and Usage Rights

The Contractor retains the full copyright to all images and videos created during the session. However, upon final payment, the Contractor grants the Client a non-transferable, royalty-free license to use the final edited visuals for their business marketing, website, and social media. The Client may not sell these images to third parties or stock photo agencies. Conversely, the Contractor has the right to use the visuals for their own portfolio, social media, and marketing efforts to grow Eternal Spring Visuals. By paying the invoice, you give Eternal Spring Visuals absolute and unconditional consent to use your name, likeness, and personal characteristics captured during our session for commercial and promotional purposes. This means we can use the photos or videos of you to publicize the business. If any individual being photographed is under 18, the person paying the invoice affirms they are the parent or legal guardian and gives this consent on the minor's behalf. This section ensures that we both understand and agree to how your image will be used to promote the work we create together.

8. Cancellations and Rescheduling

If the Client needs to reschedule, they must provide at least 24 hours' notice. Failure to provide enough notice will result in a rescheduling fee to cover the loss of the original time slot. If the Client cancels the project entirely, the non-refundable retainer will not be returned. In the unlikely event that the Contractor must cancel due to an emergency or illness, the Contractor will either provide a qualified substitute or issue a full refund to the Client.

9. Liability and Safety

The Client agrees to hold the Contractor and any assistants harmless for any personal injury or property damage that may occur during the session. The Contractor's total liability for any claim—including lost or damaged footage due to equipment failure—is limited to a refund of the total amount paid by the Client. Neither party will be held responsible for delays or cancellations caused by "Force Majeure" events, such as natural disasters, government shutdowns, or other major incidents outside of their control

By paying the initial invoice and retainer, the Client agrees to be bound by the terms of this Service Agreement.