Terms of Service Contract

RENTER’S/LESSEE’S ASSUMPTION OF RISK, RELEASE, INDEMNITY AND HOLD HARMLESS AGREEMENT

Please read carefully before signing. By affirmatively checking, signing, or electronically signing, you have read, understood and agreed to the terms of this Agreement. You are bound by the same. Renter/Lessee, in consideration of the services of Beach Bum Photography LLC  on behalf of myself, my agents, employees, and other persons or entities acting in any capacity on my behalf, my children, my parents, my heirs, my assigns and my personal representatives in estate agree as follows:

 

I understand that participating in activities or using equipment that involve bonfires, beach equipment, cooking utensils, games or beach accessories can be a hazardous activity and it has known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage on injury to myself, to property, or to third persons or parties. I understand that such risks cannot be eliminated by Beach Bum Photography LLC. without jeopardizing the essential qualities of this activity. I hereby agree to freely and expressly assume and accept any and all risks and all injury to the user of this equipment. 

 

I agree and hereby release Beach Bum Photography LLC from any and all responsibility of liability for injuries or damages to the user of the rented/leased equipment or to any person who uses this equipment. I agree not to make a claim against or sue Beach Bum Photography LLC for injuries or damages related to use of this agreement.

 

I hereby agree and knowingly, intelligently and voluntarily agree to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in same despite the risks.

 

Further, I hereby agree to defend, protect, indemnify and hold harmless Beach Bum Photography LLC from, all claims, actions, proceedings, costs, damages, and liabilities, including attorney’s fees, arising out of, in any way connected with, or resulting from my participation in this activity or my use of the rented/leased equipment, including without limitation the possession, use, operation, or return of the equipment, any such claims which allege negligent acts or omissions on the part of Beach Bum Photography LLC.

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I further hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or otherwise I agree to bear the costs of such injury or damage myself. I understand and hereby agree that any insurance coverage I maintain, whether liability, casualty, personal or health shall constitute the primary coverage in the event of any loss, injury, death, or damage to persons or property while using or operating Beach Bum Photography LLC equipment. I further hereby certify that I have no medical or physical conditions which would interfere in my safety in this activity, or else I am willing to assume all such liability, damages or costs that may be created, directly or indirectly hereon by such condition or conditions.

 

I understand that the equipment, at all times, remains the exclusive property of Beach Bum Photography LLC. It is my understanding that I am responsible for damage to or loss of the equipment. If any of the equipment is lost, destroyed or damaged beyond repair in the judgment of Beach Bum Photography LLC, I hereby agree to pay Beach Bum Photography LLC the value of the leased equipment. All repairs needed as a result of the use of the equipment will be performed at the normal rate. Rates and costs of such repairs, including all parts, shall be paid at the time of the return of the equipment.

Should Beach Bum Photography LLC or anyone acting on their behalf, be required to incur attorney’s fees and/or costs to enforce this agreement, I agree to indemnify and hold harmless for all such fees and costs.

LESSEE/RENTER HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVES THE RIGHT LESSEE/RENTER, OR ITS AGENTS, ASSIGNS OR FAMILY MEMBERS, MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT AND I HEREBY ACCEPT THE SAME.

I HERBY AGREE THAT ANY AND ALL CLAIMS OR ISSUES ARISING OUT OF, UNDER OR CONNECTION WITH THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. I FURTHER AGREE THAT BAY COUNTY COURT SHALL EXCLUSIVE JURISDICTION OVER ANY AND ALL ISSUES OR ITEMS ARISING OUT OF OR UNDER OR IN CONNECTION WITH THIS AGREEMENT.

LESSEE/RENTER HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUMES ALL RISK, RESPONSIBILITY AND LIABILITY FOR: (a) OPERATION AND POSSESSION OF THE RENTAL PROPERTY; (b) ANY BODILY INJURY OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE TO ANY PROPERTY, DUE TO LESSEE/RENTER’S OPERATION OR POSSESSION OF THE RENTAL PROPERTY; and (c) ANY NEGLIGENCE OF Beach Bum Photography LLC, ITS AGENTS, EMPLOYEES, OFFICERS, PARTNERS, PARENT COMPANY, SUCCESSORS AND/OR ASSIGNS.

I, THE LESSEE/RENTER, BY AFFIRMATIVELY CLICKING AND/OR ELECTRONIC SIGNATURE BELOW OR SIGNING THE ORIGINAL AGREEMENT THE TERMS AND CONDITIONS BOX CONTAINED ON THIS WEBSITE, HEREBY REPRESENT, WARRANT AND AFFIRM THAT: (a) I AM MENTALLY COMPETENT TO ENTER INTO THIS AGREEMENT; (b) I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ALL TERMS, CONDITIONS AND PROVISIONS HEREIN; (c) I UNDERSTAND THAT I AM LEGALLY BOUND BY THIS AGREEMENT; and (d) I AM ASSUMING ALL LIABILITY FOR POSSESSION AND OPERATION OF THE RENTAL PROPERTY AND I ASSUME ALL SUCH RISK AND LIABILITY VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY.

LESSEE/RENTER’S PARTICIPATION IN RENTAL TERMS

Lessee/Renter agrees to be bound by all the following provisions relating to the use of Beach Bum Photography LLC equipment.

 

Accidents.

A. Lessee/Renter hereby understands and agrees that any applicable insurance coverage I maintain, whether liability, personal or health, shall be deemed the primary coverage in the event of any loss, injury, death or damage to person or property while I use or operate Beach Bum Photography LLC equipment.

 

Third Party Claims.

A. Beach Bum Photography LLC is not responsible if Lessee/Renter causes injury to another person or if Lessee/Renter damages another piece of equipment, vehicle or personal property of another. Lessee/Renter agrees to protect, defend, indemnify and hold harmless Beach Bum Photography LLC and pay any claim, including attorney’s fees, brought by a third party arising out of Lessee/Renter’s use of the equipment and for any liability associated with any personal accident/injury as a result of Lessee/Renter’s use of the equipment.

 

Lessee/Renter Assumes Risk of Injury

A. Lessee/Renter knowingly, intelligently and voluntarily assumes all risks, including but not limited to death or serious bodily injury, which may result from the operation of the equipment. Lessee/Renter acknowledges all the risks of operating equipment on the beach, in the surf in the bay or in the Gulf of Mexico including but not limited to the risks of serious bodily injury or death. Despite knowing all associates' risk, Lessee/Renter freely assumes all risks of personal injury and/or damage in the operation of this equipment and Lessee/Renter agrees to hold Beach Bum Photography LLC harmless from all claims or injury or damage.

B. Lessee/Renter acknowledges and agrees that Beach Bum Photography LLC  maintains no control over the operation of the rented/leased equipment while in the operation of the rented/leased equipment while in the possession of Lessee/Renter. Beach Bum Photography LLC assumes no responsibility for and cannot be held liable for any personal injury, property damage, third party liability or other loss, accident, delay, inconvenience or other claim which may be either by reason of:

Any wrongful, negligent or accident acts or omission on the part of the Lessee/Renter;

Any defect in or failure of any rented/leased item, equipment or instrumentality, owned, rented, operated or otherwise used by Beach Bum Photography LLC ;

Any wrongful or negligent acts or omissions on the part of any other party.

Disclaimer of Warranties Applicable to all Rental Equipment.

Lessee/Renter further acknowledges and agrees:

Each item of rented equipment is of a type, design, quality and manufacture selected by Lessee/Renter’s acceptable to Lessee/Renter, and suitable for Lessee/Renter’s purposes;

Beach Bum Photography LLC is not the manufacturer or supplier of the rental/leased equipment;

Beach Bum Photography LLC is not required to enforce any manufacturer’s warranties on behalf of itself for the Lessee/Renter; and,

All items are rented “as-is” without any warranty, either express or implied, and Beach Bum Photography LLC expressly disclaims any warranty, expressed or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose.

 

Lessee/Renter agrees to pay upon demand:

A. All rates, charges, (including those applicable to miscellaneous services and equipment) plus applicable taxes, fees, and surcharges (if applicable) which may apply to the equipment rental.

B. Charges for loss and/or damage to the equipment in accordance with paragraph ___ above. Lessee/Renter understands that all charges are not final and are subject to audit. Lessee/Renter specifically agrees and authorizes Beach Bum Photography LLC to make any charges by the method of payment used by Lessee/Renter at time of reservation and/or rental, including Lessee/Renter’s credit card if that form of payment is utilized.

 

A non-refundable deposit is required to reserve my services for your event date. If the event contract is cancelled or postponed by the client, the non-refundable retainer payment will not be returned, it being the agreed loss suffered by the photographer due to cancellation. 

The remaining balance of your package is due on your event date. The balance is due in full, prior to starting your session. If not paying in cash, an invoice will be sent to your email, 24 hours prior, which must be paid in full prior to the start of the session. If not paid in full, we reserve the right to not move forward with your session and by agreeing to these terms you understand our right to decline service.The non-refundable retainer is a fee that retains the photographer’s services for your scheduled date that the photographer has turned down other work for. If Beach Bum Photography is unable to perform to this contract due to any cause beyond the control of the parties, Beach Bum Photography shall have no further liability with respect to this agreement. If Beach Bum Photography is unable to perform to the obligations in this contract in the event of photographer’s illness or for any other reason, Beach Bum Photography will not be liable for costs in excess of the amount the client has paid. This limitation of liability will also apply in the event that the high resolution digital files are lost through camera malfunction, damaged in processing, lost in the mail, or otherwise damaged or lost with or without fault of the photographer. While every attempt is made to create the best images possible, no particular photo is guaranteed.
 
The client will obtain all rights to proofs and all high resolution digital files which may be used for personal use only, and may not be sold or published without the written consent of Beach Bum Photography.

Once the files are delivered to the client, it is the client’s sole responsibility to protect and retain their images for the future. It is highly recommended that digital media and USB’s be duplicated and stored in multiple locations.
 
All rights to any media created by Beach Bum Photography will remain with the photographer. Beach Bum Photography reserves the right to display any photographs made in conjunction with this wedding as samples of their work for the purposes of window and showroom exhibit, advertising, promotion on the internet, publication, instruction and professional competition.

Coverage plan times must be used consecutively. Time starts when Beach Bum Photography arrives and the time ends when the coverage time runs out.
 
The clients understand that if during the event flash photography is not allowed or subjects are too far for the flash to reach, high ISO settings (film’s sensitivity to light) must be used; creating a pixilated or grainy effect in the photographs.

The client agrees that the work delivered will be of a similar style and caliber to those photographs on Beach Bum Photography's website and blog, and that the photographer will have complete creative control during the photographs and in post-processing. The images will be delivered in JPEG format with a mix of color and black and white images, and deemed appropriate by the photographer. No re-editing will be done after the final edited copies are presented to the client.

The client agrees that the photographer can only capture the event that happens: weather, location, schedule complications, time restraints and subjects ability to cooperate, are all factors in the quality of the photographs. The photographer will not edit for physical size, hair, nor any other physical appearance issue other than blemishes.

No clients, event guests, attendants, and employees of the client may impede the photographer when they are shooting or performing duties; failure to comply may result in missed moments or fewer delivered images.

Photographer also requests that client requests for all phones, tablets, and cameras be put away during the event as to capture the best quality images possible. This “unplugged” atmosphere allows no hindrance in the ability to capture spur of the moment reactions and provides better quality photographs. This responsibility will fall on the client to ensure all are in compliance. Lighting deficiencies at venues may interfere with photographer’s ability, all attempts to
provide adequate lighting situations must be made by the client. Photographer may be necessarily limited by the guidelines or rules of the event location or venue. Client understands and agrees that Photographer will abide by such guidelines or rules and that they are outside the control of the Photographer. Client agrees to hold the Photographer harmless for the impact such guidelines or rules may have on the resulting photographs.

This clause applies to social media including, but not limited to Facebook, Instagram, and blogs. When published online it is required that citation of photographer be made. The client agrees that they will under no circumstances alter the photographer’s media that is placed in public or on the internet. As a photographer, I need the media to be an accurate representation of my work so that future clients have a good understanding of my brand and style. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of forced cropping on social media), altered in color, or edited in any way.
 
Any changes to this contract must be in writing and signed by both parties. This contract incorporates the entire understanding of the parties.

I grant permission for the use of any media taken by Beach Bum Photography to be used on websites or other electronic form or any media, including print, or in any other manner desired, without notifying me. 

I hereby waive any right to inspect or approve the media or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the photographs.
I hereby agree to release and hold harmless from and against any claims, damages or liability arising from or related to the use of the photographs, including but not limited to any re-use, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, that may occur or be produced in production of the finished product.

I am 18 years of age and I am competent to contract in my own name. I have read this release and I fully understand the contents, meaning and impact of this release.

Thank you!