This agreement made on {todaysDate}, between {name} [Referred to as Client], and ECG Studios, LLC [Referred to as Consultant] on {appointment} at {sessionLocation}.
Retainer - An initial retainer and a signed contract must be secured prior to any services being performed by Consultant.
CONTRACTED PACKAGE - Includes all services described in selected package details reviewed and distributed to CLIENT/s. Any additional services/products requested by the CLIENT incurred by CONSULTANT will be billed directly to CLIENT at cost. All services contracted cannot be deducted, but additional services can be added.
PROVIDED DOCUMENTATION – All documentation created and provided to CLIENT is owned and copy written by CONSULTANT and cannot be used or given to any other 3rd party.
LIABILITY – It is understood that CONSULTANT is only liable for services completed and provided by CONSULTANT and cannot be held liable for the services of other contracted vendors. It is understood that in no event shall CONSULTANT be liable for consequential damages of any kind. In the event the CONSULTANT cannot comply with the terms of this contract due to negligence, oversight, accident, error, omission, any other avoidable or unavoidable circumstance, whether caused by the CONSULTANT or otherwise, the CONSULTANT'S and/or photographer/s’ liability for this or any other circumstance shall be limited to the amount paid up to that time by the CLIENT/s.
SERVICE - The CONSULTANT does not guarantee to capture any particular image(s) or video footage or meet any particular aesthetic criteria as part of its performance under this contract. In addition, failure by the CLIENT/s to make any payment as and when agreed shall release the studio from any further responsibility under this contract, without the responsibility to return any monies previously paid to it under this contract. To the extent provided by law CLIENT/s hold harmless the CONSULTANT, its officers, agents and employees from all liability, damage, cost or expense arising from claims for injury or death to persons, damage to property occasioned by reason of any conduct undertaken by reason of this contract (the hold harmless will not apply to the extent an injury is caused by the gross negligence of or the willful misconduct of the CONSULTANT, its officer, agents or employees.
USAGE/DELIVERY - The studio reserves the right to use photographs/video for display, publication or other purposes. Digital images only package images will be available within 4-6 weeks (2 weeks for non-wedding shoots like engagement session). Editing will be done for images purchased which includes color correction, exposure compensation, contrast, sharpening, saturation. 1 re-edit is allowed per image, though there are limits to what can be edited. If an image requires special retouching, any pixel manipulation/movement retouch (ie. body slimming) may be at an extra cost. Most photos will be high-res with at least 2048 or more pixels of resolution and will not include a CONSULTANT logo. Web resolution is around 960 pixels. It is understood, that the CONSULTANT and the CLIENT is given permission or rights to publish for any images (ie. photos for portfolio on website, social media (facebook, etc), blog, contests, and print/electronic marketing material). Hosting of photo galleries, video highlight, virtual tour and any digital delivery will be available for 7 days unless otherwise agreed with different terms with the CLIENT in the contract or invoice.
RELATIONSHIP OF PARTIES. It is understood by the parties that CONSULTANT is an independent contractor with respect to CLIENT, and not an employee of CLIENT.
INDEMNIFICATION. CLIENT agrees to indemnify and hold harmless CONSULTANT from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against CONSULTANT that result from acts or omissions of CLIENT, its members, if any, and its agents.
PERMISSION FOR PHOTOGRAPHY/VIDEO - For valuable consideration received, I grant to CONSULTANT the absolute and irrevocable right and unrestricted permission concerning any photographs/video that he/she has taken or may take of me or in which I may be included with others, to use, reuse, publish, and republish the photographs in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if he/she so chooses. I release and discharge CONSULTANT from any and all claims and demands that may arise out of or in connection with the use of the photographs/video, including without limitation any and all claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of Consultant, as well as the person(s) for whom he/she took the photographs/video. I am a legally competent adult and have the right to contract in my own name. I have read this document and fully understand its contents. This release shall be binding upon me and my heirs, legal representatives, and assigns.
BACKUP - Photographer/Videographer - In the event the photographer/videographer is not able to provide the service (such as severe illness, injury, death, etc), a backup photographer/videographer will be provided or the photographer/videographer will reschedule with the CLIENT.
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, products, or other information (collectively, the "Work Product") developed in whole or in part by CONSULTANT in connection with the Services will be the exclusive property of CONSULTANT. Upon request, CONSULTANT will execute all documents necessary to confirm or perfect the exclusive ownership of CONSULTANT to the Work Product.
CANCELLATION/POSTPONEMENT POLICY. If event is cancelled/postponed by CLIENT, no portion of the fees paid to CONSULTANT will be returned.
PAYMENT SCHEDULE AND METHOD – For your convenience, payments can be made online via HoneyBook.com using a valid credit card. Otherwise, payment is to be made by cash, check or PayPal.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm, epidemic/pandemic or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Contract will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
ENTIRE CONTRACT. This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Contract shall be governed by the laws of the State of California.
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
SIGNATORIES. This Agreement shall be signed by CLIENT and on behalf of CONSULTANT by Edward C. Garcia, Principal, and is effective as of the date first above written.
ATTORNEY - If legal action is necessary to enforce the terms of this contract the prevailing party shall be entitled to reasonable attorney fees in additional to any other remedies to which that party might be legally entitled.
COVID-19 WAIVER
Client is hereby notified and agrees that:
1. While the State of California has eased or eliminated various COVID-19 based restrictions on businesses, the conduct and performance of the services being provided by the Studio are subject to those rules in place at the time the photography services are to be performed.
2. Based upon the scope of the social distancing restrictions in place at the time of the photography services, certain aspects of the photographer/client interaction may be altered by necessity.
3. Client and all members of Client’s party agree to abide by the social distancing measures in force at the time of their session or event. Client and members of Client’s party explicitly agree and understand that failure to adhere to such social distancing measures places them at increased risk of COVID-19 exposure or transmission.
4. Client and members of Client’s party assume all risks associated with potential COVID-19 transmission or exposure in relation to the photography services being provided and accept sole responsibility for an illness, injury, damages, claims or expense arising therefrom regardless of the identity of the person alleged to be at fault for such transmission or exposure.
5. As consideration for this waiver, Studio agrees to waive any liability or claim against Client or members of Client’s party for COVID-19 transmission or exposure.
6. Notwithstanding the foregoing, the Waivers contained in Sections 4 and 5 of this Notice and Waiver shall not be interpreted to prohibit actions or claims against persons who knowingly participate in the photography services while exhibiting COVID-19 symptoms or who knowingly participate while having an active COVID-19 infection.
Initial retainer due upon completion of the signed agreement for services. Remaining balance is determined depending on what package is selected.
www.ecgstudios.com (ECG Studios) and www.weddingsandmotion.com (Weddings and Motion) are websites owned and operated by ECG Studios, LLC.
The undersigned have read this contract, understand its terms, and agree to be bound thereby. Any additions, deletions, or revisions must be made in writing and approved by all responsible parties. The parties agree that this contract is the complete and exclusive statement of the mutual understanding of the parties.
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