CLIENT AGREEMENT

MC PERFORMANCE STUDIO

PHOTOGRAPHY CLIENT AGREEMENT

Last Updated: September 3, 2026
This Client Agreement establishes the terms governing photography services provided by MC Performance Studio ("Studio") to the individual signing this Agreement ("Client").
The specific commission, participants, session date, location, fees, credits, deliverables, and any special arrangements may be identified in the booking proposal, invoice, order, or other written documentation incorporated into this Agreement.

1. THE COMMISSION
MC Performance Studio provides commissioned photography centered on artistic portraiture and human performance, including athletes, dancers, seniors, individuals, and related subjects.
The Studio operates on a commission-based creative model rather than selling photography solely according to elapsed session time or predetermined image quantities.
The Client acknowledges that the Studio retains creative control over the photographic process and final body of work.

2. RESERVATION & PAYMENT
Any required creation fee, retainer, or other booking payment will be identified before the commission is confirmed.
A session date is not considered reserved until all required booking requirements have been completed, which may include payment and execution of this Agreement.
Unless otherwise stated in writing, amounts paid to reserve a commission compensate the Studio for reserving the date, planning, preparation, and work performed in connection with the commission and are subject to the cancellation provisions below.
Any artwork credit included with a commission is a credit toward eligible artwork or photographic products and has no cash value. Unused credit is not redeemable for cash.
Balances must be paid according to the payment schedule provided by the Studio.

3. SESSION LENGTH
MC Performance Studio does not photograph according to rigid hourly packages unless specifically agreed otherwise.
Sessions are directed according to the needs of the commission, the subject, creative objectives, location, lighting, physical demands, and other practical considerations.
The Studio determines when sufficient material has been created to complete the photographic portion of the commission.

4. ARTISTIC DISCRETION
The Client has selected MC Performance Studio because of its photographic style and body of work.
The Client acknowledges that photography is an artistic service and grants the Studio discretion concerning lighting, posing, composition, location, equipment, exposure, image selection, color treatment, black-and-white conversion, cropping, retouching, and other creative decisions.
Differences between a Client's personal preferences and the Studio's established artistic style do not constitute a defect or failure to perform the services.

5. IMAGE SELECTION
The Studio determines which photographs are suitable for presentation and delivery.
Unedited, unfinished, rejected, duplicate, test, or RAW files are not part of the finished photographic work and will not be provided unless expressly agreed in writing.
The number of photographs created during a session does not establish the number of photographs that will ultimately be presented or delivered.

6. RETOUCHING
Final images may receive the level of correction and artistic finishing the Studio considers appropriate.
Requests for extensive manipulation, body modification, object removal, compositing, or revisions beyond the Studio's normal process may be declined or may incur an additional fee when agreed upon in advance.

7. CLIENT COOPERATION
The Client agrees to provide accurate information and reasonably cooperate with the Studio in planning and conducting the session.
For sessions involving athletes or dancers, the Client is responsible for communicating relevant limitations and ensuring that the participant does not attempt movements, poses, skills, or physical activities beyond their training or ability.
The Studio may decline any pose, movement, location, condition, or activity it considers unsafe or inappropriate.

8. MINORS
A parent or legal guardian must authorize commissioned photography of a minor.
The signing parent or guardian represents that they possess the legal authority necessary to enter into this Agreement concerning the minor participant.
A parent, guardian, or other responsible adult designated by the parent or guardian may be required to remain present during photography involving a minor.

9. RESCHEDULING
If the Client needs to reschedule, the Studio should be notified as soon as reasonably possible.
The Studio will make reasonable efforts to accommodate legitimate rescheduling requests but cannot guarantee a particular replacement date.
Repeated rescheduling, last-minute changes, or failure to appear may result in additional charges or forfeiture of booking payments as specified at booking.

10. WEATHER
For outdoor sessions, weather, temperature, ground conditions, wind, precipitation, and light may affect whether a session can proceed safely and successfully.
The Studio retains discretion to postpone or modify a session because of weather or environmental conditions.
A weather-related postponement initiated by the Studio will ordinarily be rescheduled and will not, by itself, constitute a Client cancellation.

11. CANCELLATION
Cancellation terms applicable to the commission will be disclosed at booking.
Because commissioned photography requires reserved availability, preparation, planning, and potentially declined work from other clients, booking payments may become non-refundable once specified booking obligations have been performed or a cancellation deadline has passed, subject to applicable law.
Any amounts due for work already performed, custom products already ordered, or nonrecoverable expenses remain payable.

12. STUDIO CANCELLATION
If the Studio cannot perform the commission because of illness, emergency, equipment failure, circumstances beyond reasonable control, or another substantial cause, the Studio may attempt to reschedule the commission.
If the Studio is unable to provide the contracted photography services and no mutually acceptable replacement date or solution can be reached, the Studio's financial obligation will be limited, to the extent permitted by law, to refunding amounts paid for services or products that were not provided.

13. COPYRIGHT
MC Performance Studio retains copyright to the photographs it creates except where copyright is expressly transferred in a separate written agreement signed by the Studio.
Purchase or delivery of photographs does not automatically transfer copyright.

14. CLIENT USAGE
Unless otherwise specified in writing, delivered photographs are licensed to the Client for personal use.
Personal use may include displaying prints in the Client's home and sharing authorized digital photographs on the Client's personal social-media accounts.
Personal-use permission does not include commercial advertising, resale, publication by businesses or organizations, merchandising, contest submission, licensing to third parties, or other commercial or promotional exploitation.
Commercial or organizational use requires appropriate written permission or licensing from MC Performance Studio.

15. IMAGE ALTERATION
The Client may not materially alter finished photographs in a manner that misrepresents the Studio's work.
This includes applying filters, substantial recoloring, AI modification, extensive retouching, removing Studio identification where required by an applicable license, or otherwise creating a materially altered version and representing it as the Studio's finished work.
Reasonable platform-imposed cropping or resizing for personal social-media use is permitted.

16. PORTFOLIO & PROMOTIONAL USE
Copyright ownership and permission to use a person's likeness are separate matters.
Any permission granted to MC Performance Studio to use identifiable Client photographs for portfolio, website, social media, competition, exhibition, publication, advertising, educational, or promotional purposes will be governed by the Client's applicable model release or other written authorization.
For minors, any such authorization must be provided by an authorized parent or legal guardian.
Declining optional promotional use does not alter the Studio's copyright ownership in the photographs.

17. COMMERCIAL & THIRD-PARTY USE
Schools, dance studios, athletic organizations, teams, brands, publications, sponsors, businesses, and other third parties do not automatically acquire usage rights merely because the Client appears in a photograph or provides them with a copy.
Third parties seeking to use Studio photographs for advertising, marketing, publication, merchandising, fundraising, or other organizational or commercial purposes should contact MC Performance Studio for appropriate permission or licensing.

18. DELIVERY
Estimated completion or delivery dates are estimates unless expressly guaranteed in writing.
The Studio will make reasonable efforts to complete commissioned work within the anticipated timeframe, but artistic production, retouching, product manufacturing, shipping, technical issues, illness, or other circumstances may affect delivery.

19. ARCHIVING
The Client is responsible for safely storing delivered digital photographs.
MC Performance Studio may archive photographs and project files but does not guarantee permanent storage or indefinite availability after delivery.
Clients are strongly encouraged to maintain multiple backups of purchased digital files.

20. PRINTING & COLOR
Colors, brightness, contrast, cropping, and print quality can vary among screens, consumer devices, laboratories, printers, papers, and materials.
MC Performance Studio cannot guarantee the quality or color accuracy of products produced by laboratories or vendors not selected or controlled by the Studio.

21. LIABILITY
The Studio will exercise reasonable care in performing the commissioned services.
To the fullest extent permitted by applicable law, the Studio's aggregate contractual liability arising directly from a commission will not exceed the amount actually paid by the Client to the Studio for the affected services or products.
Nothing in this Agreement limits liability that cannot lawfully be limited or excluded.

22. FORCE MAJEURE
Neither party will be considered in breach for failure or delay caused by circumstances beyond reasonable control, including severe weather, natural disaster, fire, government action, widespread transportation interruption, serious illness, venue closure, or similar events.
The parties will make reasonable efforts to reschedule or otherwise resolve the affected portion of the commission.

23. ENTIRE AGREEMENT
This Agreement, together with any incorporated proposal, invoice, booking document, model release, licensing agreement, or written amendment, constitutes the agreement between the parties concerning the commissioned services.
Changes to material terms should be made in writing and accepted by both parties.

24. SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

25. GOVERNING LAW
This Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles.

26. ACKNOWLEDGMENT
By signing this Agreement, the Client acknowledges that they have read, understood, and agreed to its terms and have had the opportunity to ask questions before signing.

MC PERFORMANCE STUDIO

Client Name: ______________________________
Client Signature: ___________________________
Date: _____________________________________
Parent/Legal Guardian Name, if applicable:
Parent/Legal Guardian Signature:
Date: _____________________________________
Studio Representative: ______________________
Date: _____________________________________