1. Exclusive Photographer.
The Photographer shall be the exclusive professional photographer retained by the Client for the purpose of photographing the event. Family and friends of the Client are encouraged to photograph the event as long as they do not interfere with the Photographer’s duties.
2. Deposit and Payment.
The Client shall make a deposit to retain the Photographer to perform the services specified herein. The deposit may be a certified check or a credit card process through PayPal. The remaining balance must be either a certified check at the conclusion of services rendered.
RETAINER & PAYMENT SCHEDULE: $Agreed said amount is due at time of signing this agreement. This is a NON-REFUNDABLE RETAINER. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to thephotographer4you™, LLC in the event of a cancellation, or breach of contract by the CLIENT. The CLIENT shall also be responsible for payment of any thephotographer4you™, LLC materials/charges incurred up to time of cancellation. The retainer shall apply towards the total cost of the service to be rendered. The remainder of the charges are payable in full, four weeks prior to the date of the event.
If the Client shall cancel this Agreement ninety (90) or more calendar days before the event date, 50% of deposit paid to the Photographer shall be refunded to the client within 30 days. If Client shall cancel within thirty (60) days of the event date, the Client forfeits the deposit and no refund of the deposit is possible.
4. Photographic Materials.
All photographic materials, including but not limited to negatives, transparencies, proofs, digital files (including RAW, Tiff, JPEG), and previews shall be the exclusive property of the Photographer.
5. Copyright and Reproductions.
The Photographer shall own the copyright in all images and photographic materials created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, advertising, illustration, editorial use, or for display within or on the outside of the Photographer’s studio, including printed materials, media on the World Wide Web, and any current or future digital media. If the Photographer desires to make other uses, the Photographer may so without or oral written permission of the Client.
6. Client’s Usage.
The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for newspaper announcement of the wedding, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall request that the newspaper run a credit for the Photographer adjacent to the photograph, but shall have no liability if the newspaper refuses or omits to do so. If Client purchases limited, non-exclusive usage rights to digital files, such usage shall be for personal, non-commerical use only.
7. 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 deposit to the Client but shall have no further liability with respect to the 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. Please note that every effort would be made by thephotographer4you to find a replacement photographer when failure to perform is on short notice.
The Photographer may substitute another photographer to take the photographs only in the event of Photographer’s illness. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional. Please note that every effort would be made by thephotographer4you to find a replacement photographer when failure to perform is on short notice.
9. Inherent Qualities.
Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Client is also aware that Photographer is not responsible for the quality of reprints made by the client.
10. Photographer’s Standard Price List.
The charges in this Agreement 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 when the order is placed.
All disputes arising under this Agreement shall be arbitrated in Frederick, Maryland under rules of the American Arbitration Association and the laws of Maryland. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $1,000.00 or less may be submitted without arbitration to any court having jurisdiction thereof. Client shall pay all arbitration and court costs, reasonable legal fees and expenses, and legal interest on any award or judgment in favor of the photographer.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Maryland.
Client will be charged 100 percent fee and expenses for any required reshoot requested by the client, and be subject to all the terms and conditions of the Assignment Photography Contract (available on request).
14. Terms and Conditions.
The terms and conditions of this contract supersede any and all expressed or implied terms and conditions of client’s purchase order, voucher or check (payment). Any exceptions of terms and conditions must be negotiated and stated herein as amendment(s). Client’s signature constitutes binding contract.