Step 1: Please Read the Dog Photography Agreement and Liability Waiver

Dog Photography Agreement & Liability Waiver ("Agreement")

This Liability Waiver and Photography Agreement ("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:

--Assumption of Risk--

The Participant acknowledges that dog photography activities carry inherent risks, including, but not limited to, the risk of dog bites, 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.

--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.

--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.

--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.

--Right to Refuse Service--

The Participant acknowledges that Photographer has the right to refuse service to any customer for any reason, particularly when a dog is behaving aggressively toward the Photographer, assistant, other Participants, the booth materials and/or photography equipment.

--Children Under 12 Years of Age Not Permitted When Dogs are Present--

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.

--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.

--Selection of Photos for Retouching/Editing--

The Participant acknowledges that the Photographer will provide a set number of selects to choose from, prior to retouching/finishing, based on the package purchased by Participant. The selects are provided digitally. The Participant acknowledges that once the selections have been made, and Photographer has committed the time and care to edit the final, swaps or changes of the selected images will not be accommodated. The Participant also acknowledges that if the Participant does not make selects within sixty (60) calendar days of the photoshoot, the Photographer will choose the appropriate number of selects based on the package purchased, and deliver the finished images to the client.

--Digital and Physical Delivery of Portraits--

The Participant acknowledges that the Photographer will deliver each final portrait digitally, in the formats and sizes stated on the on-site materials and Resilient Rover, LLC website. If the Participant purchases a package which includes physical prints, the Photographer will source production through a reputable supplier of the Photographer's choosing, and will advise the client as to the speed of delivery. The Participant acknowledges that the Photographer will order prints from a reputable third party supplier using Economy Shipping methods, Production of prints may take up to 3-5 calendar days, and shipping of prints may take up to 7-10 calendar days.

--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). If a client is dissatisfied with the creative specifications of the photographic outputs (e.g.: color, lighting, tone, crop, digital noise, etc), Photographer will make a good faith effort to accommodate up to one round of creative edits per photograph, provided the Photographer has the capacity to take on the edits at the time they are requested.

--Service By Appointment Only--

The Participant acknowledges that Resilient Rover LLC offers dog photography services on an appointment-only basis. Photographer will make every effort to accommodate walk-in's, by offering the Participant a link to the payment and scheduling application. However, if there are no availabilities in the schedule, Resilient Rover LLC may not be able to accommodate walk-in's.

--Payment and Cancellation Policy--

a. Payment Terms

Dog photography sessions must be booked through Resilient Rover LLC's payment platform (Square) and scheduling application (Acuity Scheduling), which requires pre-payment, acceptance of this agreement, and completion of the questionnaire below.

b. Cancellation and Rescheduling Policy

The Participant may cancel a scheduled dog photography session online up to 30 minutes in advance of the session. Cancellations with less than 30 minutes' notice will result in a no-show charge, and the prepaid fees for that session 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.

d. Refunds

No refunds will be provided for completed or missed sessions.

--Media Release--

By signing 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.

--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.

--Severability--

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

--Knowing and Voluntary Execution--

By checking "I have read and agree to the terms above", 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 signature below indicates a knowing and voluntary waiver of certain legal rights.