514 Photography LLC Fall Contract

514 Photography LLC Fall Contract

Please complete the following contract to guarantee a scheduled session with 514 Photography LLC Form Preview
514 Photography LLC Fall Contract
  • The contract is between the Photographer and the Client as detailed below:

    Ashley Perry

    514 Photography LLC

    1016 South State Road 205

    Columbia City, IN 46725

    www.514photography.com

    (260) 410-3171

    photography514@hotmail.com

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

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  • 1. A Summary of the Contract:

    The Photographer is responsible for providing the Client a photographic service as detailed in Section 2 (Coverage).  The Client undertakes to engage the Photographer for this coverage for the price as detailed in Section 2 and 3.

    2. The Coverage

    Coverage will be provided by the Photographer as follows:

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  • Coverage will end as specified in the Type of Session noted above.

  • The cost of product is not included in the specified coverage.

  • 3. Payment Arrangement

    The Client will pay the Photographer the total fee specified in the invoice they receive from 514 Photography LLC. The total fee will include the amount specified in Section 2 as well as mileage and lodging as specified below.

    For photography sessions beyond 20 miles of the city limits of Columbia City,IN the Client is responsible to pay mileage for the excess amount (roundtrip). Mileage is to be calculated at the current federal rate of $0.56 per mile and will be clearly presented on 514 Photography's LLC Invoice to the Client.

    The total fee presented on 514's Invoice to the Client is payable at the time of the specified session unless otherwise outlined below:

    4. Copyright

    The Photographer retains the entire copyright at all times throughout the world for the photographs taken during the specified session. Where a digital file of photographs has been provided to the Client as a part of their personal collection, these photographs may be printed and displayed at home and on-line, for personal but not commercial use.

    The Photographer retains the right in all cases to use the photographs obtained under this agreement in any manner at any time in any part of the world for the purpose of advertising or otherwise and maintains ownership of the original digital file.

    The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.

    5. Image Size, Color, Style and Composition

    All image sizes are approximate. The Photographer will provide a pleasing color balance but cannot guarantee an exact color match to the environment the photograph is taken in. It is sometimes not possible to record in print the exact color as seen by the human eye. There is no right to reject photographs on the basis of style or composition.

    6. Attendance

    In the unlikely event that the Photographer is unable to complete the coverage due to unforeseen circumstances, the Photographer reserves the right to reschedule or appoint another Photographer to attend on her behalf to undertake the photography service as outlined in this agreement. The Photographer shall notify the Client at the time of the unlikely event of any rescheduling or of the name and contact information of a Replacement Photographer.

    If the Client is unable to attend the session as outlined in Section 2 due to unforeseen circumstances he/she is responsible to notify the Photographer and reschedule a session. The client will lose deposit of session and will have to repay deposit for new scheduled session.

    If Client requests to amend or cancel this agreement 10 or more calendar days before the session date, the retainer shall be applied a mutually agreed upon reschedule date. If Client cancels this agreement, or fails to show, this agreement 9 or less calendar days before the session date, the retainer shall be forfeited. Client understands and agrees that Photographer will not book other sessions during this time.

    In the event that Client cancels the portrait session or fails to attend the session on the Session Date, for any reason, Photographer shall suffer losses that are difficult to ascertain.In the event that the Client requests to reschedule a session, the retainer shall be applied to a reschedules session if notice is given at least 10 days prior to the schedule event. Reschedule must be within the same calendar year. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.

    7. Indemnity

    The Photographer agrees to indemnify and hold harmless the Client against all expenses, damages, claims, and legal costs arising out of any failure by the Photographer to obtain any clearances for which she was responsible in respect of third party copyright works, trade marks, designs, or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed upon before the day of the session. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims, and legal costs arising out of any failure to obtain such clearances.

    8. Limitation of Liability

    In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

    9. Newborn

    Preparation. The Client shall not feed the baby a full feeding for two hours before the session and shall keep the baby awake for one or more hours before the session. Baby shall be fed immediately at the beginning of the session or just prior to arrival. The baby must be dressed in loose fitting clothing for ease of changes for portraits. The Client shall bring at least two bottles for feeding or supplies for nursing. If a pacifier or soother is required, the Client shall supply those items.

    Subjects. The Client shall maintain control of other subjects including siblings. It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the baby’s immediate area. The Client shall provide all necessary controls over additional subjects.

    Circumstances. If the Photographer is unable to perform the session due to baby’s disposition, condition, or circumstances listed within this contract, the Client shall be allowed to reschedule at Photographer’s discretion.

    Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client.

    Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online gallery proofing website or through an in-person ordering session. These proofs shall be available to the Client within 6-8 weeks of the session. The client will receive a cd of all edited photos of photographer’s choice.

    10. Client’s Usage

    The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.

    Social Media. The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion.

    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 reschedule the session. If a reschedule 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.

    Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

    11. 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.

    12. Additon Information

    Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

    The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.

    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 WI.

    13.Waivers

    The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.

    14. Attorney’s Fees

    If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

    15. Studio Injury

    Any individual who requested to be photographed is waiving all rights to the possibility to sue Ashley Perry or 514 Photography LLC. Enter at your own risk and liability. This includes but is not limited any injury at 514 Photography LLC Studio at 1016 South State Road 205 Columbia City, IN 46725.

    16. Model Release for Adult and Minor

    By signing below, I release the right to Ashley Perry owner of 514 Photography to photograph myself and the minors. I agree that I have legal permission to allow 514 Photography to photograph the child(s) under the age of 18 years old, who are listed below. This includes social media posts to, but not limited to, (facebook, Instagram, wordpress, and godaddy).

    17. Image Return

    The client will receive their cd of photos within 4-10 weeks after the date of the session. They will be mailed to the client on a cd with print release rights.

    The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.

  • Photographer Signature:

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  • Once submitted, 514 Photography LLC will send an invoice. Please review invoice and have invoice paid five days prior to scheduled session. This will guarantee a scheduled session with 514 Photography LLC. Thank you.

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