JJOP-Event Photography Contract

EVENT REPRESENTATIVE (hereinafter called 'the CLIENT')

Full Name*

First NameLast Name

Address*

Street Address

Street Address Line 2

CityState / Province

Postal / Zip CodeCountry

Phone Number*

Email*

example@example.com

PHOTOGRAPHER (hereinafter called 'the PHOTOGRAPHER ‘)

NAME: Jeffrey J. O'Connell

ADDRESS: Woodhaven, MI 48183

PHONE: 734.818.5454

WEBSITE: https://www.jeffreyjoconnell.com/

EVENT DETAILS (hereinafter called 'the EVENT')

EVENT NAME: 2023 Planet Dance Picture Week

EVENT DATE: May 1st - May 4th, 4pm-9pm

EVENT SETUP: Weekend of April 29th - 30th

LOCATION NAME: Planet Dance

LOCATION ADDRESS: 40535 Koppernick Rd, Canton, MI 48187

LOCATION PHONE: 734.414.0641

Agreement

This agreement contains the entire understanding between the Photographer 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, please put a check mark by each term

Definitions

The Terms “Photographer”, “photography team”, “us”, “we”, and “our” refer to Jeffrey J. O'Connell Photography and all agents, employees, or other representatives.

The term “including” means “including, but not limited to.”

The term “session”, “event”, and “photography session” refers to a hired photographic session for the purposes of taking custom photographs for Dance Studio photography.

Terms

Purpose*

This agreement contains the entire understanding between the Photographer 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 both parties

Retainer and Payment.*

The Client shall make a non-refundable retainer in the amount of $600 for the Photographer to perform the services specified herein. If the Client's Dance families do not purchase more than this amount in Picture Packages before April 30th. Upon payment, Photographer will reserve the time and date agreed upon by both parties. Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the photographer and in consideration of the inability of the photographer to schedule other clients during this time. A late payment fee of $50 shall be applied to the late payment amount in accordance with the payment plan agreement. No products shall be delivered until the entire amount is paid in full.

Cancellation*

If Client requests to amend or cancel this agreement 7 or more calendar days before the agreed upon photographic event date, the retainer SHALL applied a mutually agreed upon reschedule date. If Client cancels, or fails to show, this agreement 6 or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited.

Rescheduling*

In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 7 days prior to the schedule event. Reschedule must be within the same calendar year.

Adult Presence*

The Client MUST be present, or a delegated member of Planet Dance Staff to work with dancers poses and select best image of the dancer before we shoot the next dancer.

Completion Schedule*

Completion schedules and delivery of products shall be no later than May 21st, to allow for group images to be included into Recital Progam. All files will be sent via email with a download link to all images. Parents of dancers will get an email specific to their dancers images for the package selected.

Photographic Materials*

All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this agreement. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement.

Exclusivity / Guest Photography*

The Photographer is the sole professional photographer at the event (as specified in the Event Details), it is understood that the Photographer will be the only one allowed to photograph the event. In which case, amateur photographers may take photos during the event if they do not interfere with the contracted Photographer and are not shooting the Photographer’s same posed shots. The exception is if the amateur photographer includes the primary PHOTOGRAPHER in the image being taken, for behind the scenes type of scenario. If a problem arises with any guest or attendee(s) the On-site Event Contact will be advised to handle the situation politely for the Photographer by enforcing the conditions of this agreement.

Copyright and Reproductions*

The Photographer shall own the copyright in all images created. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.

Model Release*

The Client hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Event, its guests, attendees, and officials for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases the Photographer and his legal representatives and assigns from all claims and liability relating to said photographs.

Client Usage*

The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this agreement. The Client’s images are for studio use only and shall not be submitted to contests, reproduced for commercial use. Further, the Client shall not authorize reproductions by non-purchasers covered within this agreement. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.

Co-operation of Guests and Other Service Providers *

The Client is responsible for the conduct of the guests. Co-ordination with other service providers may be necessary to complete all the photography as scheduled. The Client should share the photography schedule with other service providers to make sure that there are no conflicts with times. In addition, events during the Event should be planned to make the best use of time for all vendors. The Photographer will not tolerate verbally or physically abusive behavior, nor will the Photographer share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography will seriously affect the quality of the photographs taken and increase the number of photos that must be created. If the Client is unable to control the conduct of the guests or if the conduct of any of the Event guests damages any of the equipment of the Photographer, it will result in the early or immediate departure of the Photographer. The Client understands that in such an event, no refund will be given.

Specifically Requested Shots*

The Client or member of the staff must assist dancers with poses, group formation and have these concepts ready before the day of the event.

Completion Schedule *

The Client agrees that no part of the Event Package, including previews (if any) will be delivered until the Outstanding Balance is paid in full. Digital copies will be given to the Client after the Event, in the form of an Online Photo Gallery, or other medium, assuming the Outstanding Balance has been paid

Failure to Perform*

If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.

Photographer*

The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

Right of Withdrawl*

The Photographer’s discovery of new information, changes, or other factors tending to circumvent its policies could result in its withdrawal. Non co-operation; changes of locations, facilities or times available; missed appointments; bad or returned cheques, or late payments are examples of contributing factors. Should the Photographer initiate the withdrawal, all fees and deposits will be returned, excepting fair market value for all services/products already provided. In case of withdrawal, $150 an hour is billed for all photography services already provided, and $150 an hour is billed for all other services, consultations, and all travel time, rounded up to the nearest half-hour. If the Photographer withdraws -- the Client will not be billed for any services in excess of their deposits (except if deposit was in form of returned cheques).

Indemnification*

The Photographer shall be held harmless for any and all injury to client and the dancers during the course of the photography session and the immediately surrounding events.

Attorney’s Fees*

If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

Miscellany*

This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. This Agreement shall be governed by the laws of the State of Michigan.

Signatures

Attest

The undersigned hereby warrants that he/she is over the age of 18 and has full contractual capacity.Client(s) agree(s) to only sign if they have read and agreed to the terms of service in this contract and they believe all information is deemed correct to the best of their knowledge.

Signed by Client*

Signed by Photographer