This Agreement is made effective for all purposes in all respects as of today's date (listed below) by and between Heather Wrigley, owner of Flying Gull Photography, herinafter referred to as "the COMPANY" and the signed below, hereinafter referred to as "The CLIENT" relating to the event(s) detailed below, hereinafter referred to as "The EVENT(S).
This agreement contains the entire understanding between the COMPANY and the CLIENT (signed below). 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 all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
A retainer fee is required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY. A rescheduling fee of $25 shall be added for each time it becomes necessary to reschedule an event without adequate notice (2 weeks), excepting circumstances outside the CLIENT's control, such as weather.
Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.
The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the COMPANY is in question.
The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time.
The CLIENT agrees that the work delivered will be of a similar style and caliber to those photographs on our website and blog, and that the COMPANY 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, as deemed appropriate by the COMPANY. No re-editing will be done after the final edited copies are presented to the CLIENT. The COMPANY shall decide what edits are to be accommodated and what is excessive.
FILM and COPYRIGHTS
The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY's explicitly written permission. If the CLIENT has access to a gallery of images from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. In such a case, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs.
The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT and his/her dependants or in which the CLIENT and his/her dependants may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY
In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY’s liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the collection or one year.
CAPTURE AND DELIVERY
The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
POST PRODUCTION AND EDITING
The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY. RAW files are the property of the COMPANY and are not available to the CLIENT under any circumstances.
RETENTION AND DELIVERY
Once the JPEG 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 DVDs or USB drives be duplicated and stored in multiple locations that are cool and dry. (Technology can be fickle; one of the best ways to ensure the client’s images will last for generations is for the client to print them.) If the CLIENT requires old files to be duplicated by the COMPANY, and they are still within the photographer’s possession, a restocking fee may be applied.
I have read and understood the terms above. By signing below, I hereby agree to the terms of this agreement: