Resilient Rover Dog Photography Agreement and Liability Waiver

Resilient Rover LLC Dog Photography Agreement & Liability Waiver ("Agreement")

This Dog Photography Agreement and Liability Waiver ("Agreement") is entered into by and between the undersigned ("Participant") and Resilient Rover LLC ("Photographer"), a dog photography service based in San Francisco, California. By signing this Agreement, the Participant acknowledges and agrees to the following terms:

1. Assumption of Risk.

The Participant acknowledges that dog photography activities carry inherent risks, including, but not limited to, the risk of dog bites, knockdowns, accidents, or injuries caused by other dogs or environmental hazards. The Participant voluntarily assumes all risks associated with participating in dog photography sessions with Resilient Rover LLC.

2. Communication, Email Delivery & Client Responsibility

The Participant acknowledges that Photographer communicates important information—including session instructions, photo proofs, print confirmations, delivery updates, and customer support—primarily by email.

a. Participant Solely Responsible for Receipt of Email Communication. It is the Participant’s sole responsibility to:

i. add photography@resilientrover.com to their email contacts/safe-senders list,

ii. check spam/junk folders regularly

iii. opt-in to SMS notifications where available, and/or

iv. take any other technical steps necessary to facilitate the receipt and/or eliminate blockage of email communication from Photographer

b. Photographer is Not Responsible for Unreceived Emails. Photographer is not responsible for emails that are filtered, blocked, delayed, misrouted, or otherwise not received due to client-side technical issues, inbox settings, full inboxes, email provider filters, or failure to whitelist our address. Participant agrees that non-receipt of email does not constitute non-delivery, and as such does not constitute grounds for chargebacks, harassment, threats, or demands for additional or complimentary services.

3. Right to Refuse Service

Photographer retains the right to refuse service to any person, at any time, for any lawful reason, including during the photoshoot or at any point after. This applies when a dog is behaving aggressively toward the Photographer, assistant, other Participants, the booth materials and/or photography equipment, and/or if Participant is behaving aggressively, threateningly, disrespectfully or in a harassing way toward Photographer or staff at any time before, during or after the photoshoot.

a. Zero-Tolerance of Harassment. Photographer maintains a strict zero-tolerance policy for harassment, abusive language, threats, intimidation, or disrespectful behavior toward the Photographer or any member of the Resilient Rover team. If any form of harassment occurs, including but not limited to abusive emails, messages, profanity, threats, or attempts to obtain services through intimidation—Photographer reserves the right to immediately void the Participant’s order, delete Participant’s files, restrict or remove access to Photographer’s website and/or applications, and block Participant’s communication, with no refund issued. Participant agrees that respectful communication is a condition of service.

b. Bad-Faith Complaints or Abuse of Support. Photographer explicitly reserves the right to refuse service, restrict access, block communication, cancel outstanding orders, and delete files without refund, if the Participant engages in:

i. repeated or escalating complaints made in bad faith,

ii. unsubstantiated demands for complimentary products or services beyond what was purchased, or

iii. attempts to secure additional benefits through false statements, misrepresentations, explicit or implied threats, or any type of improper pressure.

4. Payment, Rescheduling and Cancellation Policy

Dog photography sessions must be booked through Resilient Rover LLC's website, which may also include third-party applications such as Square, Mailchimp and/or Acuity Scheduling.

a. Booking and Payment Requirements. Photography sessions require pre-payment, acceptance of this agreement, and full completion of a contact form with basic information allowing us to match images/files to the correct Participant, and reach Participant after the session. Personal information is governed under the Resilient Rover, LLC Privacy Policy, which can be accessed at: www.resilientrover.com/privacy-policy.

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b. Cancellation and Rescheduling Policy.The Participant may cancel a scheduled dog photography session online up to 30 minutes in advance of the session. No-shows are not refundable. Cancellations with less than 30 minutes' notice are considered no-show’s, and the prepaid fees will not be refunded.

c. Late Arrival. Photographer will make every effort to accommodate late arrivals. However, in situations where the Photographer is fully booked, it may not be possible to accommodate a late arrival until the next opening in the Photographer's schedule.

5. Selection of Photos for Retouching and Editing

The Participant acknowledges that the Photographer will provide a set number of unedited “selects” for review based on the package Participant purchased. Selects are delivered digitally via email to the address provided by the Participant at booking. The Participant further acknowledges their responsibility, as stated in the Communication, Email Delivery & Client Responsibility Section of this agreement, to maintain a functioning email address, check spam/junk folders, and ensure that emails from photography@resilientrover.com are not blocked or filtered. Failure to receive or open email due to client-side issues does not extend deadlines or alter the terms of this Agreement.

Once the Participant has submitted their selections and the Photographer has begun editing, no substitutions, changes, or re-selections will be permitted, as editing work begins immediately upon selection.

a. 90-Day Selection Deadline. Participant agrees to submit final selections within ninety (90) calendar days of the photoshoot date. If selections are not submitted within this timeframe:

i. The Photographer’s obligations under this Agreement will be deemed fully satisfied;

ii. The session fee will be considered earned in full; and

iii. No refunds, credits, or further work will be provided.

iv. Any editing or image processing requested after the 90-day deadline, if available, is at the sole discretion of the Photographer and may require an additional fee.

b. Background Color Options. When ordering selects, the Participant must choose one of the following background options:

i. Option 1: Original Background Color (On Same Background Color As Shot, No Fee). The final portrait will feature the same background color used during the photography session. Example: If photographed on a black backdrop, the portrait will have a black background; if photographed on a white backdrop, the portrait will have a white background.

ii. Option 2: Background Color Change (Add-On Fee). The background color will be digitally replaced with a color selected by the Participant. This service requires an additional fee and must be selected at the time of purchase.

Failure to select the background-color-change add-on means the Participant is purchasing Option 1 (Original Background Color). This does not constitute grounds for refunds or complimentary retouching requests.

c. No Guarantee of Creative Specifications. The Participant acknowledges that dog photography is a highly subjective creative endeavor. The creative nature of the photography outputs depends largely on the Participant's collaboration and communication with the Photographer before, during and after the shoot. Photographer will make every effort to accomplish the Participant's creative goals, pending willing participation of the dog. However, the Photographer does not guarantee any particular creative specifications (e.g.: certain characteristics or positioning of eyes, ears, mouth, tongue, tail, paw, etc).

d. Dissatisfaction With Selects / Refund Policy. If, after reviewing the provided selects, the Participant is genuinely dissatisfied with all available images, the Participant may request a refund before final selections are made. Refunds will not be issued once:

i. the Participant has selected their final images, or

ii. the Photographer has begun editing, retouching, or fulfilling the order.

e. Promo Code Usage. Photographer will give Participant an online promotional code during the process of choosing selects, which the Participant can redeem for portraits included in their package. Any promotional code issued by Photographer is linked to the specific package purchased and may be used one time only per Participant. This includes the Participant’s household, domestic partners, friends, family, colleagues or connections. Promo codes may not be transferred, reused, or applied to additional or future orders.

f. Duplicate or Fraudulent Orders. Photographer reserves the right to cancel, void, or refuse fulfillment of any order that appears to be duplicated, fraudulent, or obtained through manipulation of multiple accounts, email addresses, identities, or other means intended to circumvent the one-time promo code limitation.

6. Digital and Physical Delivery of Portraits

a. Digital Delivery. The Participant acknowledges that final portraits are delivered digitally via email to the email address provided at booking, in the formats and sizes described in on-site materials, printed handouts, emails from the Photographer, and the Resilient Rover LLC website. The Participant further acknowledges their responsibility, as stated in the Communication, Email Delivery & Client Responsibility Section of this agreement, to maintain a functioning email address, check spam/junk folders, and ensure that emails from photography@resilientrover.com are not blocked or filtered. Failure to receive or open email due to client-side issues does not constitute non-delivery.

b. Minor Edits Allowance (Digital Images Only). Upon digital delivery of the final portraits, the Participant is entitled to one (1) round of minor edits per image, at no additional cost. Minor edits are limited to adjustments such as color balance, lighting, exposure, contrast, crop refinements, or correction of minor visual artifacts. Participant may email photography@resilientrover.com to request minor edits.  This allowance does not include:

i. major background color changes or replacements, inconsistent with the original Background Color Option selected at purchase (also applies to requests for new versions with transparent backgrounds)

ii. major alterations or creative changes requiring significant re-editing or re-compositing

iii. stylistic or creative redesigns requiring more than 30 minutes of Photographer’s time

c. Deadline to Submit Minor Edits. All requests for minor edits must be submitted in writing within three (3) business days of digital delivery. After three (3) business days, Photographer will order prints. If minor edits are not requested until after prints have been ordered, Participant is solely responsible for the replacement cost of prints (printing + materials + shipping, with no markup).

d. Print Production & Notification. If the Participant purchases a package that includes physical prints, the Photographer will source production through a reputable supplier of the Photographer’s choosing. Delivery timelines will be communicated via email and/or posted on the Resilient Rover LLC website. The Participant further acknowledges their responsibility, as stated in the Communication, Email Delivery & Client Responsibility Section of this agreement, to maintain a functioning email address, check spam/junk folders, and ensure that emails from photography@resilientrover.com are not blocked or filtered. Failure to receive or open email due to client-side issues does not constitute non-delivery of Print Production Notifications.

e. Shipping Method. Participant may choose from two shipping options:

i. USPS First Class Mail (no additional cost), which does not include tracking, or

ii. USPS Priority Mail (passed through at cost, with no markup), which includes tracking and insurance.

f. Address Validation & Auto-Corrections by Stamps.com and/or USPS. The Participant acknowledges that Photographer uses Stamps.com to pay for postage and generate shipping labels, and that Stamps.com uses USPS address-verification systems that may automatically modify the Participant’s address before a label can be created. These automated changes may include formatting adjustments, ZIP-code extensions, or alterations to street names or unit numbers. These modifications are system-generated and outside of the Photographer’s control. Automatic USPS/Stamps.com address changes do not constitute errors by the Photographer and do not constitute liability for misdelivery, delay, or nondelivery of packages. Once prints are transferred to USPS, sole responsibility for delivery rests with the Carrier. Replacements for lost packages due to address-standardization issues will be offered in accordance with the Replacement Policy (replacement at cost, with no markup).

g. Proof of Mailing. The Photographer provides photographic proof of the packaged prints, sent via email, prior to mailing. Failure to receive or open email due to client-side issues does not constitute non-delivery of Proof of Mailing.

h. No Liability for Loss or Theft. Once packaged prints are transferred to USPS (the “Carrier”), all responsibility for delivery rests solely with the Carrier. Resilient Rover LLC is not responsible for packages that are lost, delayed, damaged, misdelivered, or stolen during transit or after delivery.

i. Replacement Policy. If a package is lost or stolen during transit, Photographer will offer Participant replacement prints at cost. Participant covers the costs of printing + materials + shipping, passed through with no markup. Participant may request replacements by emailing photography@resilientrover.com.

7. Release of Liability

In consideration for being allowed to participate in dog photography services provided by Photographer, the Participant hereby releases, waives, discharges, and covenants not to sue Resilient Rover LLC, its owners, employees, agents, and affiliates ("Releasees") from any and all claims, demands, actions, or causes of action for any injury, damage, or loss to the Participant, Participant's dog, or property arising out of or connected with participation in dog photography, regardless of whether such injury, damage, or loss is caused by the negligence of the Releasees or otherwise.

8. Indemnification

The Participant agrees to indemnify, defend, and hold harmless Resilient Rover LLC and its Releasees from any and all claims, damages, liabilities, costs, or expenses, including attorney fees, arising out of or related to the Participant's involvement in dog photography activities, the behavior of the Participant's dog, or the participation of any family members or guests.

9. Acknowledgment of Dog Health

The Participant represents that their dog is currently up-to-date on all required vaccinations, free of any communicable diseases, and not aggressive towards other animals or people.

10. Children Under 12 Years of Age Not Permitted During Photoshoot

To protect the safety of all parties, children under the age of 12 are not permitted to enter the photography studio booth when dogs are present.

11. Shy and Timid Dogs

The Participant acknowledges that Photographer will make every effort to capture each dog's unique personality. Nonetheless, certain shy and timid dogs may be fearful of the camera equipment and unwilling to participate in the photoshoot. We will do everything we can using our knowledge and skill as professional dog trainers/photographers to calm and relax each dog with positive reinforcement-based techniques. However, we will absolutely not pick-up, choke, leash-pop, jerk, shock, spray, or forcefully 'place' any dog on the backdrop. The final decision to proceed or not to proceed will ultimately be that of the Photographer, and the Participant agrees to adhere to Photographer's decision. If Photographer is not able to capture any shots at all (i.e.: the dog will not effectively 'place' on the backdrop during the entire session, or Photographer determines it is not safe or appropriate to continue), Resilient Rover LLC will refund the session fee in full to the Participant. If Photographer is able to capture shots (i.e.: the dog does effectively 'place' on the backdrop), then the Participant acknowledges that Resilient Rover LLC has fulfilled the obligations of the photography session, and Photographer will continue to work with the photographs that were captured.

12. Media Release

By accepting this Agreement, the Participant grants Resilient Rover LLC the right to use photographs, video recordings, or other media of the Participant's dog for promotional, educational, or marketing purposes without further consent or compensation. Additionally, the Participant acknowledges and agrees that Resilient Rover LLC retains the right to use images of any dogs photographed by Resilient Rover LLC and its employees on the web, on social media, in print, and for other marketing purposes. This applies to dog photographs only: Resilient Rover LLC will not use identifiable photographs of the Participant, Participant's family members, or other bystanders in its marketing, without permission from the individuals depicted in the photograph. If the Participant posts a photo that includes themself, family members, or other individuals on social media and tags Resilient Rover LLC in the post, Participant acknowledge this grants Resilient Rover LLC permission to re-post the Participant's original post.

13. Updates to Terms

Photographer reserves the right to update, modify, or revise this Agreement at any time, without advance individual notice. Any changes to the Agreement will be posted on the Resilient Rover LLC website and will apply to all sessions, orders, purchases, and interactions occurring after the updated version is published.

a. Updates to Terms Do Not Apply Retroactively. Updates to this Agreement do not retroactively alter the terms of a previously completed session or fulfilled order unless required by law or mutually agreed upon in writing.

b. Participant’s Sole Responsibility to Review Terms. Participant is responsible for reviewing the current version of this Agreement prior to booking a session, placing an order, or submitting image selections. The version of the Agreement in effect at the time of booking or purchase governs that transaction.

14. Updates to Pricing

Resilient Rover LLC reserves the right to update, modify, or change its pricing, fees, packages, promotions, add-on services, or any related pricing structure at any time and at the Photographer’s sole discretion. Updated pricing will be published on the Resilient Rover LLC website and will apply to all sessions, orders, selections, and purchases made after the updated pricing is posted.

a. Pricing Updates Do Not Apply Retroactively. Any Participant who has already booked a session, participated in a photoshoot, purchased a package, ordered portraits or add-on services, or received a promotional code under a previous pricing model will continue to receive the services, deliverables, and discounts associated with that prior purchase at the price previously paid.

b. Photographer Not Obligated to Match Prior Pricing. Participants who purchase under newer pricing are not entitled to the benefits of any prior pricing model. Photographer is under no obligation to match, honor, or retroactively apply previous pricing, discounts, or promotions.

c. Participant’s Sole Responsibility to Review Pricing. Photographer is not required to provide individual notice of pricing changes. Participant is solely responsible for reviewing current pricing prior to booking a session, placing an order, or purchasing add-on services.

15. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Applicable Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of California. Any disputes arising from this Agreement shall be resolved through mediation, and if necessary, binding arbitration in accordance with the rules of the American Arbitration Association.

17. Knowing and Voluntary Execution

By checking "I agree to the Resilient Rover Dog Photography Agreement and Liability Waiver", the Participant confirms that they have carefully read this Agreement, understand its contents, and agree to be bound by its terms. The Participant further acknowledges that they have had the opportunity to seek legal advice before signing this Agreement and that their acceptance of the agreement indicates a knowing and voluntary waiver of certain legal rights.