ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION: A signed contract and retainer fee of 33% are required to reserve the dates and times of the SESSION(S). If the SESSION(S) is/are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY's materials charges incurred up to time of cancellation.
SCHEDULE: The client agrees to confirm the schedule one-week prior to the SESSION(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation must be obtained from the COMPANY by the CLIENT. The CLIENT is required to cancel THREE DAYS PRIOR to the SESSION or EVENT(S) without incurring fees. If the CLIENT fails to cancel at least THREE DAYS PRIOR to the SESSION or EVENT(S), he or she will be responsible for paying the FULL (100%) price and will be sent an invoice. The COMPANY may cancel due to any reason including personal, inclement weather, or family emergency but must do so at least 24 HOURS in advance unless it is an immediate emergency.
SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the SESSION(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the SESSION(S); or in the event that the safety of the photographer from the COMPANY is in question. The COMPANY is not responsible for any accidents that occur to the CLIENT as a result of the scheduled session. Any incidents that occur naturally or as an act of nature are strictly at fault of the CLIENT. In no way is the COMPANY responsible for any expenses or damages caused during the scheduled session time that may be caused by an accident, act of nature, or any other similar occurrence.
SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the SESSION(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the SESSION OR EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the SESSION OR EVENT(S). The COMPANY cannot guarantee a specific outcome of the quantity or quality of the images provided. The COMPANY is also not responsible for the appearance of images printed by the client. The COMPANY is not responsible for providing a set number of images to the CLIENT and instead will provide the CLIENT with the best selection of images from the SESSION or EVENT(S).
VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
FILM and COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY's explicitly written permission. If the CLIENT has purchased an "Image DVD" or “High Resolution Digital Download Package” from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased one of these two items from the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the SESSION OR EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY. The COMPANY chooses the images that are selected for post-production based on which images they feel reflect their best personal work.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY. This includes retouching.
PAYMENT SCHEDULE: The aforementioned 33% non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full on the day of the SESSION OR EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the SESSION OR EVENT(S). Returned checks will be assessed a $30 non-sufficient funds fee.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.