terms and conditions

---

Terms & Conditions Effective July 18th, 2026

DEFINITION OF TERMS

· Agreement(s) - Service Agreement and/or Model Release Agreement to be signed by both parties

· Client/Model - Person(s) retaining photography Services by the Photographer

                                 Person(s) retained by the Photographer to provide Modeling Services

· Photographer - The Photographer and provider of photography Service to Client/Model

                                   Additional staff required to provide photography Service as needed

· Image(s) - Digital and/or printed photographs/portraits

                        Videography, digital voice and performance recordings

                        Other digital Images in all media

· Service(s) - Taking, processing, editing, delivering, and retaining Client/Model Images per the Agreement

                          signed by both parties

· Event(s) - Scheduled date, time, and location of photography or Modeling Service to be performed by

                       Photographer and Client/Model.

· Photographers’ discretion - Photographer decision to continue or cancel an Event in progress due to

                       personal perception of Client/Model decision-making and safety concerns that may endanger

                       personal safety of any/all parties at an Event

· Deliverable Images - Digital or print copies of Images and Services produced during an Event that can be

                       delivered to the Client/Model as a finished product/Service

· Image processing - editing Client/Model selected Images to produce a deliverable product 

· Retention of Images - Original and processed Client/Model Images kept on file by the Photographer for a

                        limited time per the Agreement signed

· Addendum(s) - A document that adds new information or terms related to an Event with an existing and

                        signed Agreement to supplement Service or terms without voiding the original Agreement.

                        Once the addendum is signed by both parties, the Agreement and the addendum will be

                        enforceable in whole as a new Agreement

1) CLIENT/MODEL OBLIGATIONS

The Agreement must be signed by the Client/Model prior to the start of the Event. Unless otherwise agreed upon in writing prior to the Event, the adult Client/Model is responsible for the following:

     a) Supervision and safety of all children and minors under Client/Model guardianship during the Event.

     b) Provide relevant information to assist the Photographer with performance of the Services.

        i) Current contact information for consultation and for the delivery of finished products.

        ii) Obtain necessary permission, including permits where relevant, for all locations at which the Photographer will be providing Service.

     c) Providing wardrobe, hair styling, makeup, and props specifically related to the Client/Model Event.

     d) Transportation to and from the Event, to include all persons expected to be present during the Event.

        i) Matter of Focus, LLC is not permitted to provide transportation for a Client/Model to an Event

     e) Appropriate restraints/containers for Client-owned animals/pets present at the Event location.

     f) Make timely payments of amounts earned by the Photographer under this Agreement.

     g) The possession and/or use of weapons or firearms, legally or illegally obtained, is prohibited at

           the Event.

     h) The possession and/or use, by any action, of alcohol, marijuana, and/or illegal drugs, in any form or

           substance, legally or illegally obtained, is prohibited at the Event

     i) At the Photographer’s discretion, the Client/Model, and/or any person(s) present at the invitation of the

          Client/Model, may be asked to leave the Event by the Photographer, or the Event may be cancelled in

          full by the Photographer, with Client/Model forfeiture of booking fees, if Client/Model and/or any

          person(s) attending the Event:

          (1) Cannot agree or abide with by the responsibilities outlined in Section 1) Client/Model Obligations of

                 the Terms & Conditions.

          (2) cannot reasonably advocate for their own personal safety, or endangers the safety of the

                 Client/Model, the Photographer, and/or any other persons present at the Event.

          (3) is in possession of a weapon and/or firearm. 

          (4) is in possession of, or under the influence of, alcohol, marijuana, and/or illegal drugs.

          (5) is perceived by the Photographer to be incapable of reasonably sound judgment.

2) CLIENT/MODEL REPRESENTATIONS; 

     a) The Client/Model hereby represents that:

        i) The Client/Model is a legal adult and has the full legal capacity to execute a legal Agreement;

        ii) The rights granted under signing this Agreement do not conflict with or violate any other commitment

              the Client/Model has;

          iii) The Client/Model has read the Agreement in full and fully understands its contents, meaning, and

                 impact before signing it. 

3) PHOTOGRAPHER SERVICES

     a) See Service Agreement and/or Model Release Agreement for details.

4) BOOKING & FORMS

     a) A non-refundable deposit of $50.00 USD is required to book an appointment with the Photographer to

          perform the Services specified in the Agreement. 

     b) The Agreement must be signed by all parties prior to the start of the Event. A full copy of the Agreement

           will be made available to the Client during booking, via Client-provided contact information, or a

           printed copy to be read and signed by the Client/Model.

5) ELECTRONIC SIGNATURES

     a) This Agreement, Agreements ancillary to this Agreement, and related documents entered into in connection with this Agreement, are signed when a party's signature is delivered by facsimile, email, or another form of electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

6) PERMISSION TO TAKE AND USE IMAGES

      a) The Client/Model grants the Photographer the full irrevocable right to take Images of the Client/Model, or in which the Client/Model may be included, and use, publish, reproduce, edit, exhibit, license, and distribute the Images, in whole or in part, for advertising, promotions, galleries, social media, and other public forums, unless otherwise agreed upon by both parties in writing prior to the completion of the Service Agreement.

     b) The Photographer’s right to use the Images does not constitute an obligation to make use of this right.

     c) The Client/Model assigns to the Photographer all interests in the Images, including copyright. The Images are the sole property of the Photographer. 

     d) The Client/Model waives any right to inspect or approve the Images, any text, graphics, or other content created in connection with or combined with the Images or receive any royalties or other compensation related to the use of Images. If the Client/Model receives any print or other copy of the Images, the Client/Model may not authorize its use by anyone else without written consent of the Photographer.

     e) The Client/Model may request to transfer the assignment of all interests in the Images, including copyright, from the Photographer to the Client/Model, for a fee to be agreed upon in writing and signed by both parties.

7) RELEASE OF LIABILITY

     a) The Client/Model hereby Releases the Photographer from any liability arising from the use of Images, including that based on copyright infringement, invasion of privacy, right of publicity, libel, defamation, or false light, or resulting from any alteration, blurring, optical illusion, use in composite form, distortion, or other modification that may occur, intentionally or otherwise, in connection with taking, processing, or the use of Images.

     b) The Client/Model hereby Releases the Photographer from any liability for any distortion or illusionary effect or other adverse result arising from the publication of the Images, and from any liability for violation of any personal or proprietary right the Client/Model may have in connection with the Images or their use.

8) CANCELLATIONS

     a) Cancellations by the Client/Model that include written or verbal notification to the Photographer, where notification occurs greater than 120 hours (> 5 days) before the scheduled Event date/time, may either be:

          i) rescheduled by the Client/Model within 30 days of the original Event without additional fees, or

          ii) refunded in full.

     b) Cancellations by the Client/Model that include written or verbal notification to the Photographer, where notification occurs between 120 hours (5 days) and 24 hours (1 day) before the scheduled Event date/time, may either be:

          i)  rescheduled by the Client/Model within 30 days of the original Event without additional fees, or

          ii) not rescheduled within 30 days of the original Event with forfeiture of booking fees.

     c) Cancellations by the Client/Model which occur 24 hours or less of the scheduled Event date/time, with or without written or verbal notification to the Photographer, will be forfeited by the Client/Model if:

          i) The Photographer travels to the Client/Model designated location and the Client/Model is not present

              at the designated location on the scheduled Event date/time; or 

          ii) the Client/Model fails to appear at the Photographer’s location on the scheduled Event date, time,

               and location designated by the Client/Model; or

          iii) the Client/Model cancels the Event while the Event is in progress, voiding the Service Agreement, for

                their own personal reasons, through no fault of the Photographer.

     d) Booking fees are non-refundable, except as outlined in: 

           i) Section  8) Cancellations, subsection a), (i-ii); and/or

          ii) Section 15) Failure to Perform; and/or

          iii) Section 16) Force Majeure;

     of the Terms and Conditions. Client will be offered an option to reschedule the Event if the cancellation occurs due to reasons outlined in Section 15) and/or Section 16) of the Terms and Conditions, or a full refund may be requested for all monies paid to the Photographer.

     e) Cancellations by the Photographer for reasons outlined in; 

          i) Section  1) Client Obligations, subsection I (1-5); and/or

          ii) Section 13) Exclusivity of Services;

     of the Terms and Conditions are non-refundable, except where cancellation occurs due to conditions outlined in: 

               (1) Section 15) Failure to Perform; and/or

               (2) Section 16) Force Majeure;

     of the Terms and Conditions. Client will be offered an option to reschedule the Event if the cancellation occurs due to reasons outlined in Section 15) and/or Section 16) of the Terms and Conditions, or a full refund may be requested for all monies paid to the Photographer.

9) USE OF VIDEOGRAPHY

     a) All Events will be digitally recorded by the Photographer

     b) Client/Model is under no obligation to purchase videography Services that occur during the Event.

     c) Videography may be purchased by the Client/Model for a fee based on the amount of time of the Event

           recording requested by the Client. See Fee Schedule on the Service Agreement for details.

10) FEE SCHEDULE

     a) Subject to change without notice. See Agreement for full details.

     b) Models may choose an option listed on the Model Release Agreement of either a:

           i) Flat Project fee for payment of Services to the Photographer, or 

          ii) Trade for Portfolio for an agreed upon number of Images as payment for Services.

11) DELIVERABLE IMAGES

     a) All Images created during the performance of the Service Agreement or Model Release Agreement will have standard Image processing and editing, to include standard light and color adjustments, and minor skin alterations.

     b) Additional edits requested by the Client/Model will require additional fees per photograph, to include:

          i) retouching, removing, or resizing body parts;

          ii) replacing body parts with similar body parts from another Image (or from within the same Image);

          iii) major skin alterations, including changes in skin colors, removal of acne or scars, etc.;

          iv) replacing or “swapping” backgrounds, including the addition of AI-generated Imagery.

     c) Upon receipt of payment in full for the completed Agreement, or a completed Model Release Agreement, final Images will be delivered to the Client/Model within 7-10 calendar days after the Event, thus completing the Agreement in full.

12) RETENTION OF IMAGES

     a) Images will be retained by the Photographer for a minimum of 12 months.

          i) Client/Model requests for copies and/or prints of final Images must be submitted in writing prior to the

              expiration of the retention period to guarantee availability of Images for purchase.

          ii) Client/Model requests for unedited Images must be submitted in writing prior to the expiration of the

               retention period to guarantee availability of Images for purchase.

          iii) Client/Model requests for assignment of Image rights to the Client must be submitted in writing prior

                to the expiration of the retention period to guarantee availability of Images for purchase.

13) PAYMENTS

     a) The Model will be paid per the payment option selected by the Model on the signed Model Release Agreement once the Agreement has been fulfilled.

     b) The Client shall make timely payments of amounts earned by the Photographer under the Service Agreement.

     c) Estimated costs can be provided for the Client/Model prior to the Event based on the Client/Model requests for Services outlined in the Agreement. This estimate is not a final balance.

     d) Fees may be collected by the Photographer for additional Services requested by the Client/Model once the Event has begun. Both parties must agree on performance of the Service as an addendum to the original Agreement, including the ability of the Photographer to perform the Service with the equipment available at the Event location, and the additional fees required to perform the Service, or the Service requested will not be provided to the Client/Model and the original Agreement will remain in effect as signed by both parties prior to the Event.

     e) Payment in full by the Client/Model is due at the completion of the Event session, to include any additional Services performed at the request of the Client/Model, and prior to final Image processing.

     f) All Images will be retained by the Photographer until payment in full is collected.

14) EXCLUSIVITY OF SERVICES

     a) No other Photographer, amateur or professional, shall be permitted to take photography or videography of the Client/Model Event during the performance of Services by the Photographer as outlined in the Agreement. Any conduct in breach of this Agreement, by the Client/Model or by associates of the Client/Model, may, at the Photographer’s discretion, cause cancellation of the Agreement and the Event, in full, with forfeiture of the Client/Model booking fees, and without liability to the Photographer for obstructed or otherwise damaged Images due to third-party interference.

15)  FAILURE TO PERFORM

     a) If the Photographer fails to perform the Service Agreement at a scheduled Event due to personal injury or illness, equipment failure, damage to Images in processing, without fault of the Photographer, or other circumstances beyond the control of either party, the Photographer will return any funds paid to the Photographer by the Client/Model for the Event, without liability for funds in excess of paid amounts by the Client/Model, and shall have no further liability with respect to the Agreement.

16) FORCE MAJEURE

     a) The Photographer and the Client/Model will not be considered in breach of, or in default because of, the Service Agreement and will not held liable to the other party for any delay or failure to perform the Services and obligations under the Agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar Events beyond both party’s reasonable control. If a Force Majeure Event should occur, the affected party shall, as soon as reasonably practicable:

          i) Notify the other party of the Force Majeure Event and its impact on performance of the Service

              Agreement, and

          ii) Use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform the

               Services under the Service Agreement within a reasonable time.

17) GOVERNING LAW

     a) Choice of Law. The laws of the state of Arizona govern this Agreement (without giving effect to its conflicts of law principles).

     b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in Maricopa County, Arizona.

     c) Attorneys' Fees. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the losing party shall reimburse the prevailing party for its reasonable attorneys' fees.

18) AGREEMENT

     a) The Agreement constitutes the final Agreement of the parties. It is the complete and exclusive expression of the parties' Agreement about the subject matter of the Agreement. All prior and contemporaneous communications, negotiations, and Agreements between the parties relating to the subject matter of the Agreement are expressly merged into and superseded by the Agreement. The provisions of the Agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter the Agreement by, and neither party is relying on, any statement, representation, warranty, or Agreement of the other party except those set forth expressly in the Agreement. Except as set forth expressly in the Agreement, there are no conditions precedent to the Agreement's effectiveness.

19) ADDENDUMS TO THE AGREEMENT

     a) Both parties must agree on the performance of the Service as an addendum to the existing Agreement, including the ability of the Photographer to perform the Service with the equipment available at the Event location and the additional fees required to perform the Service.

          i) If both parties agree to the performance and additional fees of the additional Service not covered in

             the existing Agreement, an addendum can be added to supplement the existing Agreement and

             provide the details of the performance and additional fees agreed upon by both parties. This

             addendum must be signed and dated by both parties to become enforceable.

          ii) If an Agreement cannot be reached by both parties for the performance and the additional fees of the

               requested Service, the existing Agreement will remain in effect.

20) EFFECTIVENESS

     a) This Agreement will become effective when all parties have signed it. 

     b) The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this Agreement.