Agreement Overview
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 all the Parties. If the Parties want to waive one provision of this agreement, which does not mean that any other provision are also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Coverage
Coverage will begin at Coverage start date/time, and continue for the number of hours purchased, contiguously.
Change of Date or Venue
The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. 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 (time, etc.) as listed, you must notify the Photographer. The Photographer kindly asks that the Client get in touch with the Photographer two weeks prior to the date of the event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times.
Retainer
Retainer Fee Amount is required for all portrait sessions, invoice will be sent. For Micro, Mini, Holiday and Specialty sessions it is the full amount.
This is a non-refundable retainer. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before or on the day of event. If final payment is not received, the Photographer will not be expected to attend said event. If a session is canceled due to weather or illness, the retainer amount will be applied towards a gift certificate valued at the amount paid.
Cancellation
There shall be no refund of retainer after the signing of the Agreement (or payment of the PayPal invoice) and the reservation of the photography date. If the event is cancelled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that the Photographer 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 Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested 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. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. Clients are responsible for all location fees and permits.
Creative License
Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
Force Majeure
If the Photographer 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 or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and 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, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. 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.