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  • Rental Contract

  • The Perfect Picnic

    ThePerfectPicnicSB@gmail.com

    www.SouthernBellesWeddingCo.com/ThePerfectPicnic

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  • Summary

     

    Entire Agreement: This agreement contains the entire understanding between   {clientsName} , hereinafter referred to as the “Client” and The Perfect Picnic, DBA. 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 involved. If the parties want to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing. 1 month after the rental/event date this agreement is considered complete; The Perfect Picnic, DBA is under no further obligation to the Client.

    Reservation: A signed contract and the following payment of {initialPayment31} at signing are required in order to reserve the specified coverage. This agreement is not binding until the deposit is paid. After two weeks, the contract becomes void and the date is released to other prospective clients.

    The Client agrees that he/she is responsible for all parties involved with the agreed upon rental session. If there is an individual involved in the rental session who does not agree to the terms of this agreement the Client assumes responsibility for any liability.

    The Perfect Picnic, DBA is responsible for providing the Client a rental service as detailed in this Agreement. The Client seeks to engage The Perfect Picnic, DBA for rental services at the price identified below.

    Services

    Services will be provided by The Perfect Picnic, DBA as follows:

  • The Perfect Picnic will be finished setting up 30 minutes prior to {rentalDate}.

    If you would like us to finish setting up earlier than that, you may add-on additional time under Package Enhancements below.

  • ***Please relay any address, venue or time changes that may occur during the rental/event planning process to The Perfect Picnic, DBA.***

  • Services will end as specified in the Rental Package noted above.

    • Agreement Terms & Conditions: 
    • AGREEMENT TERMS & CONDITIONS

      Rental Fees/Retainer: A retainer of {initialPayment} & signed contract are required to reserve your rental/event date and is non refundable. However, the above stated retainer will be applied to the total cost of your rental package.

      The non refundable retainer is a fee that retains The Perfect Picnic, DBA' services for your scheduled session date that The Perfect Picnic, DBA have turned down other work for. 

      The rental package total is due TWO WEEKS before rental/event date.  Payments can be split up leading up to the rental/event date in a payment plan that is agreed upon between the Client and The Perfect Picnic, DBA. No services will be fulfilled without payment in full 14 days before the rental/event date stated in this contract.

      The Client assumes responsibility for any and all participants and guests. In the event that rental materials are damaged or destroyed, the Client will be charged full value of the damaged/destroyed materials.

      The Client agrees to pay a travel fee of $1 to and from the Venue if outside of 15 mile radius of Lexington.

      Change of Date or Venue: The Perfect Picnic, DBA must be notified immediately of any changes in schedule or location, at least one week prior to 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 in writing. 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 as listed, the client must notify The Perfect Picnic, DBA.

      Exclusive Photographer: The Perfect Picnic, DBA shall be the exclusive photographer(s) retained by the client for the purpose of photographing the rental/event. Family and friends of the clients and other event vendors SHALL NOT interfere with the photographer's duties. Guests will be asked to refrain from taking flash photographs at certain intervals of event services to ensure proper exposure of images. 

      Copyright Information: The photographs produced by The Perfect Picnic, DBA are protected by Federal Copyright Laws (USC Title 17) and MAY NOT be reproduced, cropped or altered in any manner. Client here by waives any claims of ownership, income, editorial control and the use of the images.

      It is a breach of this agreement to not only reproduce or change the images, but to display them on social media networking sites (Facebook.com, Twitter.com, Instagram.com etc…) without crediting The Perfect Picnic, DBA. If displayed on social networking sites, any photo shared on the internet should be either captioned crediting The Perfect Picnic, DBA or tagging The Perfect Picnic, DBA (@theperfectpicnic_sb) in the actual photograph. 

      Cancellation or Postponement Policy: There shall be NO refund of retainer after 48 hours from the signing of agreement due to the reservation of the photography date. If the event is cancelled within three months of the wedding date, the client shall pay the balance of the contract due to the high probability The Perfect Picnic, DBA 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 client and The Perfect Picnic, DBA. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform The Perfect Picnic, DBA of the cancellation.

      Creative License: Images are edited at the photographer's (The Perfect Picnic, DBA) discretion, and delivered images may not include all images shot. The photographer (The Perfect Picnic, DBA) reserves the creative right to edit and release only those deemed creditable as professional quality and within the photographer's artistic standards. All images released are high resolution JPEG. RAW files are not released.

      Cloud Storage: Due to the lack of information about how long cloud storage can hold information, The Perfect Picnic, DBA recommends clients back up images on another media format other than cloud storage, such as an external hard drive. The Perfect Picnic, DBA also recommends making multiple copies of the images from the downloadable gallery to insure the images for years to come. The Perfect Picnic, DBA cannot be held responsible for the failure of the website and/or cloud storage. It is the client's responsibility to keep several copies of any image in more than one location and back the images up on another format such as a hard drive.

    • Archival of Images: After you receive your images, The Perfect Picnic, DBA archives the photos for a total of ONE year. If you lose the copy of the images from your wedding, there is an archival fee of $150 to have a gallery of your images uploaded so you can download the digitals.

      Failure to Perform: Due to the limited and subjective nature of the event, The Perfect Picnic, DBA cannot be held responsible for photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications cause by, but not limited to, anyone in or at the event, or by the venue or location restrictions. The Perfect Picnic is not responsible for the lost photo opportunities due to other cameras or flashes, the lateness of the client, guests or other principles, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to The Perfect Picnic, DBA will be used for organizational purposes and in no way represents photography that will be produced. The Perfet Picnic, DBA will do its best to fulfill all requests but can make no guarantees all images will be delivered. Clients are responsible for all locations fees and permits.

      Force Majeure: If The Perfect Picnic, DBA 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, other causes beyond the control of the parties, or due to the photographer's illness, then The Perfect Picnic, DBA shall return any monies paid by the client, less expenses, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that rental or photographic materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without the fault on the part of The Perfect Picnic, DBA.

      Rental Substitution: In the extremely unlikely event of severe personal illness or other extreme acts of nature beyond the control of The Perfect Picnic, DBA which precludes The Perfect Picnic from performing the duties of coverage The Perfect Picnic, DBA will attempt to arrange for a substitute photographer of high qualification, per client approval of said photographer or a substitute rental. The client and The Perfect Picnic, DBA both assume the risks and dangers of the The Perfect Picnic's travel and if the extremely unlikely event a last-minute Act of Nature or travel disaster occurs while The Perfect Picnic, DBA is en route to the event, The Perfect Picnic will refund the client all monies paid, less the initial payment.

      Set Up Crew: The Perfect Picnic, DBA will assign two set up crew members for the rental/event day and the crew members will be of The Perfect Picnic, DBA's choosing.

      Take Down: The client is responsible for all clean up of disposable items, trash and debris. Once the rental period has elapsed, The Perfect Picnic will pick up the rental items. In the event that the Client goes beyond the rental period, the Client will be charged for the additional time and additional fees may also apply.

      Photographer: If a photography add-on is selected, The Perfect Picnic, DBA will assign a photographer(s) for the rental/event day and the photographer(s) will be of The Perfect Picnic, DBA's choosing.

      Event Food Service: Once The Perfect Picnic sets up any food or beverage items, they are no longer responsible for the food and/or beverages. 

      Printing of The Images: The Perfect Picnic is not responsible for any prints that are not ordered directly through The Perfect Picnic, DBA.

      Model Release: This contract serves as a model release, giving The Perfect Picnic, DBA the irrevocable right to use the photographs in all forms and in all media and in all manners for advertising, trade, promotion, exhibition, or any other lawful purposes. The Perfect Picnic, DBA can grant the use of the images to third parties and all compensation for use and credit for the images remain the property of The Perfect Picnic, DBA. The client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photo(s) or the use to which it may be applied, included written copy that may be created and appear in connection therewith. This release is binding on the client and their legal representatives.

      Delivery of Products & Rentals: The Client will receive their rentals and/or products no later than 30-min proceeding the rental/event start time. This does not include any special requests by client.

      Delivery of Photographs: If a photography add-on is selected, the Client will receive their final high resolution, hand edited JPEG images via an online gallery no later than six weeks following the rental/event date. This does not include any requests by client for further edits or enhancements.

      Entire Agreement: This agreement contains the entire understanding between The Perfect Picnic, DBA and Client. It supersedes all prior agreements between parties. The only way to add or change this agreement is to do so in writing, signed by all parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with The Perfect Picnic, DBA.

       

    • COVID-19 Safety Information: 
    • COVID-19 SAFETY INFORMATION:
      While participating in events held or attended by The Perfect Picnic, all CDC and state mandated guidelines, including but not limited to “social distancing” must be practiced and face coverings worn at all times, unless being photographed, to reduce the risks of exposure to COVID-19.  Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, The Perfect Picnic has put in place preventative measures to reduce the spread of COVID-19.  However, The Perfect Picnic cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.

      In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in The Perfect Picnic events and/or other face to face photography activities. By attending a The Perfect Picnic event, you certify that you do not fall into any of the following categories:  
      1. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
      2. Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or  
      3. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment. 


      DUTY TO SELF-MONITOR: Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact The Perfect Picnic at theperfectpicnicsb@gmail.com if he/she experiences symptoms of COVID-19 within 14 days after participating with The Perfect Picnic


      LIABILITY WAIVER AND RELEASE OF CLAIMS:I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation with The Perfect Picnic, and I willingly engage in The Perfect Picnic events and/or other photography activities (the “Activity”).


      RELEASE AND WAIVER: I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST THE PERFECT PICNIC, DBA. AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF  THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.


      ASSUMPTION OF THE RISK:

      I acknowledge and understand the following:
      1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
      2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
      3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.


      MEDICAL ACKNOWLEDGMENT AND RELEASE:  I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death.  I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention.  I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY. 
      As a client, participant, volunteer, or attendee, You recognize that your participation, involvement and/or attendance at any Southern Belles Wedding Co. event or activity (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) The Perfect Picnic, DBA (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the "Released Claims").  BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

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    • The undersigned have read and understood the contract and agree to the terms and conditions in their entirety. Only the Client (or signers of this document) can discuss any problems that arise. 

      We kindly ask you get in touch with us two weeks prior to the date of your event to touch base and go over last minute details. We will make every effort to contact you, but it is the client's responsibility to contact The Perfect Picnic, DBA to confirm rental/event details and times.

      The Perfect Picnic, DBA retains the copyright to all images produced by The Perfect Picnic, DBA and/or subcontractors. Clients will be given a digital copy of the print release to make personal copies of images. The client understands the images given cannot be used for profit or advertising and all posting of images on the internet need to be credited images to The Perfect Picnic, DBA.

    • Client Signature ("sign" with mouse)

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    • Photographer Signature:

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    • PICNIC IDEAS: Engagement Setup, Brunch, Kid's Party, Bachelorette Party, Birthdays, Derby Party, Kid's Table at Weddings, Dinner Party & more.
    • All base packages include 2 Hours Rental Time and come with your table(s), disposable plates, napkins and silverware, cups, chargers, table runner(s), a vase of artificial flowers, pillows and blankets. Customize your picnic with our Package Enhancements.

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