TERMS OF SERVICE
IGNITE YOUR AURA
Aura Photography Agreement
This Aura Photography Agreement (the “Agreement”) is entered into between Ignite Your Aura, LLC, a Colorado limited liability company (the “Photographer”) and the party that uses the Services (the “Client”). The Photographer and the Client may be referred to collectively as the "Parties." By using the Services (defined below), Client agrees to all the terms set forth below.
Purpose of the Agreement
The Client wishes to hire the Photographer to provide services relating to photographing Client as detailed in this Agreement. The Photographer has agreed to provide such services according to the terms of this Agreement.
Terms
1. SERVICES. The Photographer will provide Client with aura photography services (the "Services").
2. FEES. Client shall pay Photographer the fees listed on the applicable order form and/or statement of work mutually agreed by the parties.
3. NO REFUNDS. All sales are bookings are final. Photographer does not provide refunds for no shows, cancellations, or in the event Client is not satisfied with the Services.
4. NO GUARANTEE. Photographer cannot and does no guarantee that Client will attain any particular result from the Services. Client accepts the risk that result may differ by each individual. PHOTOGRAPHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOGRAPHER DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5. TRAVEL AND EXPENSES. In the event Photographer is required to travel or incur other expenses to provide the Services, Client will reimburse Photographer for all reasonable expenses actually incurred.
6. IMAGE RELEASE. Client grants Photographer and its authorized representatives permission to use any or all of the photographic material related to the Services in any form as part of Photographer’s portfolio and any other future publications, brochures, online advertising, or other printed or digital material used to promote Photographer, which such use shall be without payment of fees, royalties, special credit or other compensation to Client.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO THE OTHER UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL, AGGREGATE LIABILITY OF EACH PARTY UNDER THIS AGREEMENT IS LIMITED TO THE FEES PAID OR PAYABLE FOR THE SERVICES BY CLIENT TO PHOTOGRAPHER.
8. ENTIRE AGREEMENT. This Agreement contains the entire understanding between Photographer and Client. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all relevant parties.
9. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
10. INDEMNIFICATION. Client shall indemnify, defend, and hold harmless Photographer from and against any and all claims, damages, losses, and injuries arising out of or related to Client’s negligence and/or breach of this Agreement. If the Services are to be rendered in a location owned or controlled by Client, Client shall indemnify, defend, and hold harmless Photographer from and against all liabilities, losses and injuries arising out of or related to such premises.
11. GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. Any dispute relating to this Agreement that cannot be settled through good faith negotiations shall be subject to mediation in Denver, Colorado.