Agreement
This agreement contains the entire understanding between the "Photographer" and the "Client" (as detailed above).
Retainer and Payment:
The Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation retainer as specified above. No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full no less than 7 days before the session date, or in cash on the session date. In the event the Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend this event. Returned checks will be assessed a $50 non-sufficient funds fee, and all future purchases/payments must be paid by Cashiers Check. Unless the contract is canceled, the retainer fee shall be applied to the photography fee total.
Cancellation:
If for any reason the Client cancels this contract before the session date, the Photographer will keep the retainer. Cancellation must be made in writing, signed by the contracted party, and sent via Certified Mail by the United States Post Office. If the Client fails to supply written cancellation as specified before the session date or cancels within 48 hours of the session date, the Client shall be required to pay the full balance due.
Reschedule:
In the event that the Clients reschedule the session and the Photographer is able to rebook the original session date, the Client will receive credit for all monies already paid. A new contract may be required. The new package price will reflect pricing in effect when the date change occurs. In the event that the Client reschedules the session and the Photographer is not able to rebook the original session date, the Client forfeits the retainer but will receive a credit for all other monies paid. Credit may be applied to future sessions within one year of original date provided the Photographer is available.
Limit of Liability:
If the Photographer is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if she cannot provide another competent professional, all money received by the Photographer, minus expenses, will be returned to the Client, and the Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by the Client under this Agreement during the time preceding the date on which such liability arises.
Responsibilities:
Unless agreed upon in advance, the Photographer shall be the exclusive photographer retained for the session. The Photographer may bring one assistant at his discretion. The Photographer is not responsible for compromised coverage due to causes beyond his control such as other people's camera or flash, the lateness of the Client (or any other person bound by this contract), weather conditions, etc. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up email for documentation. If email is sent, confirmation of receipt must be obtained.
Coverage:
The Photographer will provide coverage for the date, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the session day (at an hourly rate of $100) and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use his professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to the Client.
Image Processing/Printing:
Unless agreed upon prior to any editing work, high-resolution discs and/or proof sets may contain a mixture of color, black and white, and selective color images. Limited color correction and/or retouching are included at the Photographer's discretion. The Client may request further changes for an additional charge. The Photographer is not responsible for any prints that are not ordered directly from him. For best results, clients with the high-resolution files should order their prints through a reputable lab.
Model Release:
The Client grants the the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Client for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction, and to copyright the images. The Client hereby releases the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.
Copyright:
All photographs taken by the Photographer are his property, will remain his property and are protected by United States Copyright Laws (USC Title 17). The Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties.
Reproduction:
The Client agrees to purchase prints directly from the Photographer unless in possession of high resolution digital files. The Client agrees not to scan, copy or reproduce images in any manner without written permission. Should the Photographer become aware of reproduction without permission, the Client will remit a usage fee of $300 per image, per usage to the Photographer. If high resolution digital files are purchased, a written release will be supplied with those files. The release grants the Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published. The Client further agrees not to supply images to any third parties (including vendors associated with the wedding or album designers).
Jurisdiction & Provisions:
Failure by the Photographer to exercise any provisions, right or portion of this agreement or enforce any portion this agreement shall not be deemed a waiver of any right contained in this agreement. This agreement shall be governed by, constrained, and enforced in accordance with the laws an the State of Missouri. Any such suit shall be filed in St. Louis County, Missouri. Time is of the essence as to all portions of this agreement. If any portion of this agreement is deemed unenforceable, the parties desire that the remainder of the agreement, other than the provision determined to be unenforceable, remain in full force and effect.
All parties have read, understand and agree to the terms and conditions of this Agreement.
The Client shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement. The Client agrees 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.