Photography Session Terms and Conditions.
Purpose of the Agreement
Client wishes to hire Vendor to provide services relating to Client’s as detailed in this Agreement. Vendor has agreed to provide such services according to the terms of this Agreement.
Terms
Family Photography Session for CLIENT agreed upon between both parties. The photographs obtained will reflect the PHOTOGRAPHER’s current artistic style. Images captured will be at PHOTOGRAPHER’s discretion.
A mix of lifestyle, candid, posed and portrait photographs are to be delivered to CLIENT within 4 weeks. If any digital corrections are required after final delivery of all images, an additional fee may be incurred.
CLIENT will obtain permission for PHOTOGRAPHER to be on and photograph and record any private land, property, and/or buildings of the address specified by the CLIENT at an agreed-upon date and time.
1. In consideration for the photography services provided by Claridge Media LLC (PHOTOGRAPHER), (CLIENT) agrees to pay the current rates of Claridge Media LLC in full prior to the photo session start date and time.
2. PHOTOGRAPHER may request that vehicles / outdoor equipment or personal items be moved as needed for each image. PHOTOGRAPHER will use discretion to digitally enhance or remove personal items, grass, or sky. PHOTOGRAPHER will not drastically alter the physical representation of the persons photographed.
3. Digital photographs shall be delivered to CLIENT via Playbook within 4 weeks. CLIENT may download and print all final images. Images are not guaranteed to remain on Playbook for more than 6 months.
4. CLIENT shall assist and cooperate with PHOTOGRAPHER in obtaining the desired photographs, including but not limited to specifying scenes and/or persons to be photographed; following PHOTOGRAPHER’S posing direction to best of their ability; if necessary, pre-shoot consultations can be scheduled. PHOTOGRAPHER shall not be responsible for photographs not taken as a result of CLIENT’S failure to provide reasonable assistance or cooperation.
5. PHOTOGRAPHER retains copyright, and hereby grants CLIENT unlimited but non-exclusive rights to use or reproduce the photographs for use by and for the CLIENT. CLIENT may not enter photographs into contests or sell photographs.
6. PHOTOGRAPHER may use photographs of CLIENT and/or CLIENT’s likeness for use in advertising, marketing, and education.
Applicable Law: This contract shall be governed by the laws of the County of Chelan USA in the State of WA and any applicable Federal law.
Services
Vendor shall provide Client with the following services and/or products ("Services"):
Location and Delivery of Services
Location. VENDOR shall perform photography Services to CLIENT at the location(s) specified to the VENDOR and upon the date and time agreed upon between VENDOR and CLIENT.
Delivery of Services. VENDOR will provide all Services by agreed upon date and deliver all digital products within 4 weeks upon completion of the photography shoot.
Cost, Fees and Payment
Cost. The CLIENT agrees to pay the total current rates and/or fees for services by VENDOR. Current rates and fees are found on Vendor's estimate/invoice.
Intellectual Property
Permitted Uses of Product(s). VENDOR retains copyright for all products and grants to CLIENT a non-exclusive license of product(s) produced with and for CLIENT’s own non-business purposes. Products may not be attributed to any other person or vendor. CLIENT does not have permission to sell products nor enter products into contests.
Impossibility
Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Failure to Perform Services. In the event VENDOR cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
Immediately give Notice to CLIENT via the Notice provisions detailed in this Agreement; and
Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
Excuse CLIENT of any further performance and/or payment obligations in this Agreement.
General Provisions
Governing Law. The laws of Washington State govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Photographers
Claridge Media LLC.
stephon@claridgemedia.com
stephanie@claridgemedia.com
Client