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    Contract for Event Photographic Services with Kyle J Bagley Photography

    Kyle Bagley, Photographer


    Asheville, North Carolina 28801


    (360)-865-8950

    KyleBagley@live.com

    www.KyleJBagley.com

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  • Summary

    The Client agrees that he/she is responsible for all parties involved with the agreed upon photo session. If there is an individual involved in the photo session who does not agree to the terms of this agreement the Client assumes responsibility for any liability.

    The Photographer is responsible for providing the Client a photographic service as detailed in this Agreement. The Client seeks to engage the Photographer for photographic services at the price identified below.

    Services

    Services will be provided by the Photographer as follows:


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  • Services will end as specified in the Type of Session noted above.

  • AGREEMENT TERMS & CONDITIONS

    Deposit: A depost of 10% of the total agreed on price & signed contract are required to reserve your date and is non refundable. However, the above stated deposit will be applied to the total cost of your event coverage.

    The non refundable depost is a fee that retains the photographer’s services for your scheduled session date & time that the photographer has turned down other work for. 

    The event coverage total is due the day of the event date.  Payments can be made in partial amounts leading up to the date if that works better for the client.  No photography will be delivered if this amount is not paid before or on the (first) event date.

    Change of Date or Venue: Kyle J Bagley Photography must be notified immediately of any changes in schedule or location, at least one week prior to scheduled date of event. Notification of any changes in writing (Email, Text) is fine, it also can be done on phone but has to be sent along with written notice  for documentation. It is the client's responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information as listed, the client must notify Kyle J Bagley Photography.

    Exclusive Photographer: Kyle J Bagley Photography shall be the exclusive photographer(s) retained by the client for the purpose of photographing the event. Guests of the event and other event vendors SHALL NOT interfere with the photographer's duties.

    Copyright Information: The photographs produced by Kyle J Bagley Photography are protected by Federal Copyright Laws (USC Title 17). The images may be used for use by the Clients company for print materials, website use, and all social media platforms for a specified period of three years starting on the date of delivery. The images MAY NOT be used in any other form unless a usage agreement has been signed. After the three year period, a renewed license agreement will need to be signed by both parties. 

    Cancellation or Postponement Policy: There shall be NO refund of the deposit after 48 hours from the signing of agreement due to the reservation of the photography date. If the event is cancelled within two months of the date, the client shall pay 50% of the remaining balance of the contract due to the high probability Kyle J Bagley Photography will not be able to further book that date. Once a balance is paid, it is NON-REFUNDABLE. Any other arrangements shall be discussed between the client and Kyle J Bagley Photography. All arrangements will be put in writing. Cancelleation must be in writing even if a phone call was made to inform Kyle J Bagley Photography of the cancellation.

    Creative License: Images are edited at the photographer's (Kyle J Bagley Photography) discretion, and delivered images may not include all images shot. The photographers (Kyle J Bagley Photography) reserves the creative right to edit and release only those deemed creditable as professional quality and within the photographer's artistic standards. All images released are high resolution JPEG. RAW files are not released.

     

  • Archival of Images: After you receive your images, Kyle J Bagley Photography archives the photos for a total of TWO years. If you lose the copy of the images from your event, there is an archival fee of $100 to have a gallery of your images uploaded so you can download the digitals.

    Failure to Perform: Due to the limited and subjective nature of the event, Kyle J Bagley Photography cannot be held responsible for photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by, but not limited to, anyone in or at the event, or location restrictions. The photographer is not responsible for the lost photo opportunities due to other cameras or flashes, the lateness of the speaker, or other principles, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to Kyle J Bagley Photography will be used for organizational purposes and in no way represents photography that will be produced. Kyle J Bagley Photography will do its best to fulfill all requests but can make no guarantees all images will be delivered. Clients are responsible for all locations fees and permits.

    Force Majeure: If Kyle J Bagley Photography or its assigns cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to road closures, severe traffic, fire, terrorism, other causes beyond the control of the parties, or due to the photographer's illness, then Kyle J Bagley Photography shall return any monies paid by the client, less expenses, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without the fault on the part of Kyle J Bagley Photography.

    Photographer Substitution: In the extremely unlikely event of severe personal illness or other extreme acts of nature beyond the control of Kyle J Bagley Photography which precludes the photographer from performing the duties of coverage Kyle J Bagley Photography will attempt to arrange for a substitute photographer of high qualification, per client approval of said photographer. The client and Kyle J Bagley Photography both assum the risks and dangers of the photographer's travel and if the extremely unlikely event a last-minute Act of Nature or travel disaster occurs while Kyle J Bagley Photography is en route to the event, the photographer will refund the client all monies paid, less the deposit.

    Second Photographer: Kyle J Bagley Photography will hire a second photographer, if applicable to client's chosen package and enhancements and the photographer will be of Kyle J Bagley Photography's choosing.

    Event Food Service: A meal is required for Kyle J Bagley Photography for events of six hours or longer.

    Printing of The Images: The photographer is not responsible for any prints that are not ordered directly through Kyle J Bagley Photography.

    Model Release: This contract serves as a model release, giving Kyle J Bagley Photography the irrevocable right to use the photographs in all forms and in all media and in all manners for advertising, trade, promotion, exhibition, or any other lawful purposes. Kyle J Bagley Photography can grant the use of the images to third parties and all compensation for use and credit for the images remain the property of Kyle J Bagley Photography. The client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photo(s) or the use to which it may be applied, included written copy that may be created and appear in connection therewith. This release is binding on the client and their legal representatives.

    Delivery of Products: Client will receive their final high resolution, hand edited JPEG images via an online gallery no later than six weeks following the event date. This does not include any requests by client for further edits or enhancements.

    Entire Agreement: This agreement contains the entire understanding between Kyle J Bagley Photography and Client. It supersedes all prior agreements between parties. The only way to add or change this agreement is to do so in writing, signed by all parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Kyle J Bagley Photography.

     

  • The undersigned have read and understood the contract and agree to the terms and conditions in their entirety. Only the bride and groom (or signers of this document) can discuss any problems that arise. 

     

    Kyle J Bagley Photography retains the copyright to all images produced by Kyle J Bagley Photography and/or subcontractors. 

  • Client Signature ("sign" with mouse)

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