PHOTO WORKSHOP AGREEMENT

Payments - A non-refundable retainer of 50% is required to reserve the workshop date. The remaining 50% balance is due no later than 7 days before the workshop. Failure to pay the balance on time may result in cancellation of the workshop, with forfeiture of the retainer.

Cancellations & Rescheduling - Cancellation policies will apply irrespective of the reason for the cancellation. All cancellations, regardless of how much notice is provided, count towards the rescheduling limit.
• 48 Hours or More Notice: The retainer is non-refundable and will be credited toward a rescheduled date within 30 days of the original workshop, subject to Photographer’s availability. If Client chooses not to reschedule, Client will receive a refund of the amount paid, less the non-refundable retainer. Credits expire after 30 days.
• Less Than 48 Hours Notice: Client will be responsible for 100 percent of the fee as liquidated damages, and no refund or credit will be made to the Client.

Late Arrivals
• Client must notify Photographer at least 1 hour in advance if they anticipate being late.
• If Client provides notice but is more than 15 minutes late, the session will be treated as a same-day cancellation. Retainer will be credited toward a rescheduled date within 30 days of the original workshop date, subject to availability. Any balance paid will not be credited or refunded. Credits expire after 30 days. Late cancellations count towards the reschedule limit.

No-Shows - If Client fails to appear for the workshop or arrives more than 15 minutes late without prior notice, the session will be deemed a no-show. No refund or credit will be issued.

Reschedule Limit: Client may reschedule one time within the 30-day window. If the rescheduled session is canceled, Client will forfeit 100% of the session fee as liquidated damages.

Refunds: On signing of this agreement by both parties, the Photographer will reserve the time and date agreed upon and will not make another reservation for the specific time frame. As such, all fees are non-refundable.

Photographer Cancellations: In the rare event Photographer must cancel due to illness, emergency, or other unforeseen circumstances, Client will be offered either a rescheduled session or a full refund of all monies paid.

Force Majeure: If circumstances beyond the reasonable control of either party (e.g., natural disaster, government order, building closure, power outage) make the session impossible, the session will be rescheduled without penalty.

Estimates: Estimates are valid for 5 business days from the “Estimate Date” and may change if the project’s scope, schedule, deliverables, or requirements are revised. This includes, but is not limited to, changes in coverage hours, location, guest count, photography type, crew, equipment, shot list, delivery timeline, editing level, or image license. If the scope expands after the contract is signed or payment made, Client is responsible for all additional fees.

Pricing Policy: Fees reflect the Photographer’s cost of doing business and are competitive for similarly qualified professionals in the San Francisco Bay Area. Photographer may offer rebates for off-season or repeat clients. Pricing and policies may change without notice. Sales tax is waived for digital image delivery. Hourly/daily minimums apply, and higher rates may be charged for holidays, weekends, peak season, or at the Photographer’s discretion.

Courtesy Holds: Courtesy holds on shoot dates, crew, and studio time are valid for 3 business days from the “Estimate Date.” If the signed contract and retainer are not received within that time, the Photographer may revise pricing or release the date, crew, and studio. Availability of Photographer, crew, equipment, or studio is not guaranteed until both the contract and retainer are received.

Execution of Contract: Once both parties sign, the Photographer reserves the agreed date/time and will not accept other bookings for that period. All retainers are non-refundable, even if the date changes or the project is canceled. If the signed contract is not received within 3 business days, the hold will be released.

Non-payment: If the retainer is not paid within 3 business days of signing, the Client forfeits the date, photographer, crew, and studio time. The contract becomes void, and Photographer may rebook the date. No photography services or deliverables will be provided to Clients with outstanding balances or late fees.

Changes to Scope: All changes to Scope of Work must be mutually agreed upon in writing. Client assumes responsibility for all requested changes and their impact on the quality/quantity of deliverables, delivery timelines, project fees and crew safety. Photographer may decline changes beyond the original Scope of Work.

Billable Hours & Overtime: Photography begins at the scheduled time in the Scope of Work. Hours are billed consecutively. Idle time is billed at the Photographer’s regular rate. Photographer is not liable for missed shots due to late starts and will end coverage at the contracted time. Client requests for schedule changes or extensions are based on Photographer and crew availability and not guaranteed.

Breaks & Meals: Photographer and crew will take a 15-minute break every 4 hours of work and a 30-minute meal break for projects lasting 8+ hours. If no meal is available on-site, Photographer may take a paid one-hour meal break off-site.

Travel: Travel to/within San Francisco, Oakland or Alameda is included in the billable rate. Additional travel is billed at $50 per hour. Airfare, taxi, rideshare and parking fees shall be reimbursed by the Client. Travel days are billed at $750/day for commercial assignments.

Parking: Client must validate or reimburse parking fees. For safety, Photographer will not park on public streets in major metro areas including San Francisco, Oakland, San Jose, and Los Angeles.

Personal Safety/Security: Due to the high incidence of violent crime against photographers in Bay Area public spaces, Photographer reserves the right to bill and be reimbursed for a security guard for sessions in unsecured locations. If a security guard is not available or preferred, the Client may choose to move the session location to a private space, company grounds/building, or the Photographer’s studio.

Client Conduct: Client is responsible for the behavior of all employees, guests, and crew. Conduct that impacts, interferes or endangers the Photographer’s job duties, safety, well-being, or equipment will not be tolerated. Unacceptable conduct includes inappropriate, hostile, threatening, or offensive verbal and written communication or physical behavior; sexual harassment; inappropriate touching; and conduct which threatens or damages the photographer’s equipment or safety. Photographer may terminate the contract at any time for such conduct.
• If misconduct occurs before the booking date, all payments (minus actual expenses for goods and services rendered) are refunded.
• If misconduct occurs during the booking, Photographer will provide Client a warning; if not expeditiously resolved, Photographer may terminate coverage immediately and no refund will be granted.

Copyright: All images remain the intellectual property of the Photographer under U.S. Copyright Law (Title 17). Photographer maintains the irrevocable right to use images for promotion and advertising of Rebecca Wilkowski Photography.

Limits of Liability: If the Photographer cannot perform due to illness, injury, death, or Force Majeure, she will attempt to secure a qualified replacement. If none is available or refused, liability is limited to refunding retainers paid, minus expenses for services/goods already rendered. Photographer is not liable for failure or delay caused by events beyond her control, including but not limited to natural disasters/emergency, acts of God, war, invasion, terrorism, civil unrest, government actions, labor disputes, epidemics/pandemics, travel bans, accidents, communication/utility/power outages, or equipment failures (“Force Majeure”).

Indemnification: Client shall indemnify and defend Photographer against all claims, damages, and expenses (including legal fees) arising from the creation or use of Images or materials supplied by Client. Unless provided by Photographer, no model or property release exists, and Client is responsible for obtaining permissions. Photographer’s maximum liability shall not exceed the total amount paid under this invoice.

Transfer and Assignment: Client may not assign or transfer this Agreement or its rights. This Agreement binds Client and benefits the Photographer and their representatives, heirs, successors, and assigns. Client and its affiliates are jointly and severally liable for all payments and obligations.

Changes to Contract: Once signed, this Agreement is final, non-refundable, and legally binding. Any changes or waivers must be in writing and signed by both parties. Client remains liable for any orally authorized additions (e.g., additional images, subjects, hours, crew, equipment or expenses) when written confirmation isn’t feasible.

Right of Withdrawal: Photographer may withdraw if new information, scope changes, or policy violations arise. Reasons include (but aren’t limited to): changes of locations, dates, times without sufficient notice and prior agreement by photographer; missed appointments; missed deadlines; non-cooperation; abusive/inappropriate client conduct; failure to provide complete or timely information deemed necessary for preparation for and execution of job and deliverables; failure to provide a working environment that meets parameters set forth in the Scope of Work; failure to provide any goods, service or permissions outlined in the contract in a timely manner or by agreed upon deadline; returned checks, insufficient funds or late payments; and expansion of project scope to a degree where photographer does not have the crew or resources available to successfully complete the project to a reasonable standard. If Photographer in initiates the withdrawal, all fees will be refunded minus the non-refundable retainer and actual expenses for goods and services already rendered.

Breach of Agreement: Client’s failure to comply with any term of this Agreement constitutes a material breach. Photographer may, without prejudice to other remedies, cancel the Agreement and seek damages or demand specific performance plus damages.

Severability: If any provision of this agreement is found invalid or unenforceable, the rest of the Agreement remains in full effect.

Disputes: Disputes of $5,000 or less will be resolved in small claims court in Alameda County, California.

I confirm that by signing the Agreement and submitting the workshop fee that I have read, understand, and agree to this Agreement and its Terms.