Additional Terms and Conditions.
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Client agrees to provide a meal for Photographer if Photographer’s
attendance is required for greater than three (3) hours.
Photographer has the following food allergies/dietary restrictions:
__________________________________________.
Client agrees to give/have someone give Photographer sufficient
warning of key events at the wedding to give the Photographer time
to prepare (i.e., bouquet toss, cake cutting, speeches, etc.)
Photographer will endeavor to get photographs of as many guests
as possible, which may be limited by guests’ cooperation in having
their photo taken.
Client agrees that Photographer shall be given precedence in taking
photographs over guests with cell phone cameras and other
devices. Photographer cannot be held responsible for lack of
photographs or poor quality of photographs if guests are interfering
with Photographer’s work.
Client acknowledges Photographer may be limited in scope by rules
of the location of the ceremony and/or reception. (i.e., flash
photography may not be allowed within a Church)
Artistic Rights. The client shall assist and cooperate with the
photographer in obtaining the desired photographs, including but not
limited to specifying personal and/or scenes to be photographed; taking time to pose for the photographer at the photographer’s direction; providing a person to guide the photographer to desired persons and/or scenes; pre-shoot consultations, etc. The photographer shall not be responsible for photographs not taken because of the client’s failure to provide reasonable assistance or cooperation. The photographer is not responsible for undesired child mannerisms not limited to things such as: type of smile, crying, shyness, grumpy, non-cooperation, or refusal to take photos. Please note a refund will not be granted in the event of the
above-mentioned mannerisms.
Artistic Style. On its own behalf, and on behalf of the subject: Client
acknowledges that he/she is familiar with the Photographer’s portfolio and requesting services with the knowledge of the photographer’s style; that the photographer’s work is constantly evolving; that the photographer’s services are of unique and artistic nature; that the photos may be different from the photographs taken by the photographer in the past; and that in creating the photos the photographer shall use his personal artistic judgement to create images consistent with his personal vision of the event, which visions may be different from the clients and or the subjects vision of the event. Accordingly, the client acknowledges that the photos shall not be subject to rejection based on taste or esthetic criteria.
Copyright. Photographer shall maintain the copyright of all photographs. Photographer grants Client permission to make copies of the images for personal use by Client and their family and friends. Sale, publication, or any other commercial use is specifically prohibited without the prior written consent of Photographer.
Completion Schedule. Proof of photographs shall be delivered to the
client on a USB Flash Drive, emailed or downloaded from the business website. The client shall provide the photographer with a written or emailed list of the proof images from which final photographs will be prepared and delivered using the above-mentioned methods.
Cancellation. Client may cancel this Agreement 30 days before the
event. Upon cancellation, Client will be entitled to a refund of any monies
paid, except for the non-refundable deposit. Photographer may cancel this Agreement at any time. If Photographer cancels, it must provide a suitable, replacement Photographer, subject to Client’s approval, which shall be obtained in writing. In the alternative, Photographer shall refund all monies previously paid by Client, including the non-refundable deposit.
Failure to Perform. If the Photographer is unable to perform this
agreement due to illness, emergency, fire, casualty, strike, act of God or
causes beyond the control of the Photographer, the Photographer and
Client shall make every attempt to designate another photographer. If a
photographer is unable to be agreed upon, Photographer shall return the
retainer to the client and shall have no further liability. Further, if the
Photographer is unable to deliver photographic materials due to
technological malfunctions, including but not limited to camera and
processing, or otherwise lost or damaged without fault of the
Photographer, liability shall be limited.
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Dispute Resolution and Legal Fees. In the event of a dispute
arising out of this Contract that cannot be resolved by mutual
agreement, the Parties agree to engage in mediation. If the matter
cannot be resolved through mediation, and legal action ensues, the
successful party will be entitled to its legal fees, including, but not
limited to its attorneys’ fees.
Severability. In the event any provision of this Agreement is
deemed invalid or unenforceable, in whole or in part, that part shall
be severed from the remainder of the Agreement and all other
provisions should continue in full force and effect as valid and
enforceable.
Legal and Binding Agreement. This Agreement is legal and
binding between the Parties as stated above. This Agreement may
be entered into and is legal and binding both in the United States.
The Parties each represent that they have the authority to enter
into this Agreement.
Indemnification. The Photographer shall be held harmless for all
injury to client during the photography session and the immediately
surrounding events.
Governing Law and Jurisdiction. The Parties agree that this
Agreement shall be governed by the State and/or Country in which
both Parties reside/do business. If the Parties do business in
different States and/or Countries, this Agreement shall be governed
by North Carolina law.
Travel Fees. There will be a travel expense for any location outside
of a 10-mile radius of Rocky Mount, NC of $0.55 per mile
Entire Agreement. The Parties acknowledge and agree that this
Agreement represents the entire agreement between the Parties. If
the Parties desire to change, add, or otherwise modify any terms,
they shall do so in writing to be signed by both parties.
The Parties agree to the terms and conditions set forth above as
demonstrated by their signatures as follows:
