The Parties agree as follows:
FEES & PAYMENT 100% of the Photographer’s Retainer Fee (Session Fee) is due at the time of signing this Agreement. majorCLICKS Photography™ reserves the right to not complete the photography session or deliver any images to the client until the Session Fee has been paid in Full. This fee covers the beach family AND senior sessions in August of 2019
CLIENT RESPONSIBILITIES
The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to selecting the location or locations where the photoshoot will take place; taking time to pose for photographs at the Photographer's direction; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs that are not to the Client’s liking as a result of the Client's failure to cooperate with the Photographer’s professional recommendations and suggestions.
SHOWING UP LATE
On the day of your session, if you are more than (15 minutes) late or need to reschedule your full session (w/in 72 hour) for any reason other than being ill or an emergency, majorCLICKS Photographyhas the right to cancel and reschedule your session for being late or a no show.
“NO-SHOW” POLICY
If Client fails to show up for the scheduled appointments and/or photoshoot or is more than 15 minutes late, Photographer has the right to refuse to reschedule and will be under no further obligation to Client. The Retainer Fee will not be refunded.
CANCELLATION
If Client wishes to cancel this Agreement before the scheduled photoshoot date, the Retainer Fee will not be refunded and Photographer is not required to provide any service or products to Client and Client does not owe any further payments to Photographer. Due to the nature of these sessions, no cancellation will occure. Sessions may be moved to another day/time during our trip that is agreed upon by both parties, but no cancellation will occure after May 15, 2019.
If the minimum of 4 seniors is not met by May 1, 2019, a full refund of this retainer fee will be given.
We love our clients and believe in a relationship of mutual respect, but if after the photoshoot date either party finds that the working relationship has deteriorated and either or both parties no longer wish to work together, either party may notify the other party that they wish to cancel this Agreement effective immediately. At that time, photographer will no longer be obligated to provide any further services and is only responsible to Client for the work performed and completed up to that date. Client is responsible for the prorated amount of work performed and completed to date unless both parties agree otherwise. Both Client and Photographer agree at the time of signing that if such a falling out occurs, it will be best to part ways and no longer work together or be obligated to the other for anything further.
COPYRIGHT AND REPRODUCTIONS
The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions (physical or digital). The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, marketing, entry in photographic contests or art exhibitions, editorial use, website, or for display.
FAILURE TO PERFORM
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the Retainer Fee to the Client, but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
PHOTOGRAPHER
The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs is a competent professional. Client maintains the right to choose to reschedule the photoshoot if preferred.
PHOTOGRAPHER’S STANDARD PRICE LIST
The charges in this Agreement and during subsequent ordering appointments are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time the order is placed.
WARRANTIES AND REPRESENTATIONS. Each party warrants that it has the right and power to enter into this Agreement and an authorized representative has executed this Agreement. majorCLICKS Photography™ warrants that the Services will be performed in a professional manner in accordance with recognized industry standards. majorCLICKS Photography™ EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER majorCLICKS Photography™ EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.
LIFETIME OF PRODUCT
Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to delamination and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.
LIMITATION OF LIABILITY.
MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY CLIENT FOR THE SERVICES FROM WHICH THE CLAIM AROSE. IN NO EVENT SHALL majorCLICKS Photography™ BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA OR INJURY, HOWEVER ARISING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
WAIVER
No modification to this Agreement nor any failure or delay in enforcing any term, exercising any option, or requiring performance shall be binding nor construed as a waiver unless agreed to in writing by both parties.
DISPUTE RESOLUTION
Any cause of action brought by Client against majorCLICKS Photography™ must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees’ (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Pennsylvania and agrees that those courts have personal jurisdiction over each party; (iii) venue will be in Pennsylvania; and (iv) the parties will submit the dispute to mandatory mediation held in Pennsylvaniaor through an online mediation service agreed upon by all parties. If the parties cannot agree on a mediator, then any party may apply at any time to the presiding judge of the Superior Court for the appointment of a mediator, and the judge’s selection is binding on all parties. The parties will share equally (50/50) in all costs of the mediation, including the mediator’s fees, but each party is solely responsible for its own attorneys’ and experts’ fees. Every mediation will be completed within 4 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 4-month period, then the parties may continue seeking to resolve the dispute via any process, including litigation by trial or in Small Claims Court.
In no event shall majorCLICKS Photography™ be liable for any consequential, punitive or multiple damages of any kind.
GENERAL. This Agreement shall be governed by the laws of the State of Pennsylvania, excluding choice of law principles. Except as otherwise specifically stated herein, remedies shall be cumulative and there shall be no obligation to exercise a particular remedy. If any provision of this Agreement is held to be unenforceable, the other provisions shall nevertheless remain in full force and effect.
This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and may only be amended or modified by a writing signed by a duly authorized representative of each party. This Agreement replaces and supersedes any prior verbal or written understandings, communications, and representations between the Parties regarding the subject matter contained herein. All proposed variations, edits, or additions (whether submitted by majorCLICKS Photography™ or Client) to this Agreement are objected to and deemed immaterial unless otherwise mutually agreed to in writing.
CONTACT INFORMATION. If you have any questions or concerns, please contact majorCLICKS Photography™ by email at Jodi@majorclicksphotography.com or by phone at 717-229-5999.