Photography Contract
Purpose of the Agreement
Client wishes to hire Provider to provide services relating to Client’s event as detailed in this Agreement. Provider has agreed to provide such services according to the terms of this Agreement.
Collectively, all of the people or businesses entering this Agreement will be referred to as the "Parties."
Client Service Agreement
Delivery of Services
Provider will provide all Services by 3 weeks after the scheduled event, unless otherwise specified in this Agreement.
Cost, Fees and Payment
The total cost for all Services is due in full at the latest, 24 hours before date of scheduled services.
Client shall pay the Total Cost to Provider as follows: The first payment is a non-refundable retainer of $50. At a minimum, Client agrees that the retainer fee fairly compensates Provider for committing to provide the Services and turning down other potential projects/clients. The remaining balance can be paid via website (accepts all major credit cards) or cash.
Intellectual Property
Copyright Ownership: In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201–02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider business.
Provider Usage Rights: All photographs taken by Provider are the intellectual property of the Provider and are protected by copyright law. The Provider retains all rights, including but not limited to, the right to use, reproduce, publish, and display the images for any purpose, including but not limited to portfolio display, website usage, social media, marketing, advertising, promotional materials, and professional competitions or exhibitions. By entering into this agreement, the Client grants the Provider permission to use any image from the session for such purposes. The Client understands that no images may be sold or licensed to third parties without prior written consent from the Provider. As a courtesy, the Provider agrees to make reasonable efforts to delay the public sharing of key images from special events (e.g., weddings, engagements, announcements) to allow the Client the opportunity to post or share those images first.
Client Usage Rights: Provider grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Provider with attribution each time Client uses Provider's property. Personal use includes, but is not limited to: (1) In photos on Client’s personal social media pages or profiles; (2) In personal creations, such as a scrapbook or personal gift; (3) In personal communications, such as a family newsletter or holiday card.
Services
Provider shall provide Client with the following services and/or products ("Services"): Photography of determined session, photo editing of the images, images shared digitally.
Location and Delivery of Services: Location- State of NC
Artistic Release
Style: Client has spent a satisfactory amount of time reviewing Provider's work and has discussed desires for the final product with the Provider and has a reasonable expectation that Provider will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Consistency: Provider will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Provider’s current portfolio and will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that: (1) Every client and wedding is different, with different tastes, budgets, and needs; (2) Photography services are often a subjective art and Provider has a unique vision, with an ever-evolving style and technique; (3) Provider will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions; (4) Although Provider will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Provider shall have final say regarding the aesthetic judgment and artistic quality of the Services; (5) Dissatisfaction with Provider's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
Limit of Liability
Maximum Damages: Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.
Loss of Product: In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Provider shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification: Client agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client.
Cancellation, Rescheduling, and No-Shows
If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Provider to render Services due to the fault of the Client or parties related to Client, such as failure of the event to occur or failure of one or more essential parties to show up in a timely manner, Client shall provide notice to Provider as soon as possible via the Notice provisions detailed in this Agreement. Provider will not be obligated to refund any monies Client has previously paid towards the Total Cost if there is no notice at least one week before the scheduled event. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the event, or should it become impossible for Provider to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.
Impossibility
If Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will: (1) Immediately give Notice to Client; (2) Attempt to find another competent professional to take its place with the mutual agreement of Client(s); (3) If another competent professional is not available or Client(s) do not agree to transfer of obligations, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; (4) Excuse Client(s) of any further performance and/or payment obligations in this Agreement.
Appropriate Conduct / Safe Working Environment
Client(s) agree to provide Provider and Provider’s staff with safe and appropriate working conditions. If circumstances arise that present a threat or implied threat of injury or harm to Provider staff or equipment, the Provider reserves the right to cancel all remaining services and leave the event.
Health & Safety: Client(s) understand that Provider complies with all health and safety laws and regulations. Client(s) agree that during the event/session, they and their agents shall not carry weapons or firearms, be exposed to severe illness, or request the Provider to do anything illegal or unsafe. Provider will not provide services in any location deemed unsafe, including areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under such circumstances, Provider reserves the right to end service coverage immediately and/or leave the event. Provider shall retain all monies paid, and Client(s) agree to hold Provider harmless as a result of incomplete event coverage or reduced quality of work.
General Provisions
Governing Law: The laws of North Carolina govern all matters arising out of or relating to this Agreement.
Severability: If any portion of this Agreement is deemed illegal or unenforceable, the remaining provisions remain in full force.
Notice: Parties shall provide effective notice via: (1) Provider's Cellphone, (2) Client Cellphone, (3) Website chat feature.
Merger: This Agreement constitutes the final, exclusive agreement between the parties relating to the event and Services contained in this Agreement.
Amendment: The parties may amend this Agreement only by written consent via proper Notice.
Light Through Lenses Photography LLC
Client full name: ___________________________
Date: ___________________________