Terms and Conditions as of 4/19/2022
1. Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event/wedding. Family and friends of the Client shall be permitted to photograph the event/wedding as long as they shall not interfere with the Photographer’s duties and do not photograph poses
arranged by the Photographer.
2. Deposit and Payment. The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost, and the Client shall pay the balance due. If the Client refuses delivery of the order or refuses to pay within thirty
(30) days of this order, the Client shall be in default hereunder and shall pay _15_ percent interest on the unpaid
balance until payment is made in full.
3. Cancellation. If the Client cancels this Agreement 365 or more calendar days before the event/wedding date, any deposit paid to the Photographer shall be refunded in full. If Client shall cancel event/wedding date and if the
Photographer does not obtain another assignment for that date, and liquidated damages shall be charged in a reasonable amount not to exceed the deposit.
4. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make proofs and previews available to the Client for the purpose of selecting photographs, but such proofs and previews shall be on loan and, if they are not returned within fourteen (14) days of receipt by the Client, shall be charged to the Client at the same rate as finished prints of the same size.
5. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, an entry in photographic contests or art exhibitions, editorial use, or for display within or the outside of the Photographer’s studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.
6. Client’s Usage. The Client is obtaining prints for personal use only and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If the Client is obtaining a photo for newspaper announcement of the event/wedding, Photographer authorizes Client to reproduce the image in this manner. In such
event, the Client shall request that the newspaper run a credit for the Photographer adjacent to the photograph but
shall have no liability if the newspaper refuses or omits to do so.
7. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the
Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in
processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of 100% of the retail value of the Client’s order.
8. Photographer. The Photographer may substitute another photographer for taking the photographs in the event of Photographer’s illness or scheduling conflicts. In the event of such substitution, Photographer warrants that the Photographer creating the images shall be a competent professional.
9. Inherent Qualities. The Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and the Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
10. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically, and future orders shall be charged at the prices in effect at the time when the order is placed.
11. Client’s Originals. If the Client is providing original prints, negatives, or transparencies owned by the Client to the Photographer for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for an amount above $0.18 per image.
12. Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration before None Bias Party in the following City of the event/wedding ceremony, and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when
the dispute is for a sum less than $10,000.
13. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State in which the event/wedding takes place.
14. timeliness guarantee, online proofs viewable within one week of the event/wedding date, Basic Album in your hands within three months of Client
approval date & Custom Album in your hands within one month of the Client's approval date.)
This Agreement is subject to all the terms and conditions appearing on pages 1 & 2 contract Page two.