3. Payment Arrangement
The Client will pay the Photographer the total fee specified in the invoice they receive from XYZ Photography. 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 TOWN, ST the Client is responsible to pay mileage for the excess amount (roundtrip). Mileage is to be calculated at the current federal rate of $0.565 per mile and will be clearly presented on XYZ Photography's Invoice to the Client.
The total fee presented on XYZ's Invoice to the Client is payable at the time of the specified session unless otherwise outlined below:
Lodging:In the event that Lodging is necessary in order to complete the agreed upon photo session the Client agrees to pay no less than $100.00 to the Photographer at the time of the session.
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.
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.
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 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.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.