I. INTRODUCTION
This Contract for the Sale of Photographic Services (the “Contract” or the “Agreement”) is between the. Photographer and the Client (the “Parties”), each of whom is listed below along with their relevant contact information.
Pets R Family Photographer/Designer: Lisa Olson
Photographer’s Email: LisaOlson@MyPetsRFamily.com
Photographer’s Phone: 801-941-3142
II. SERVICES
The Client hereby retains the services of the Photographer as an independent contractor to
professionally photograph the following event(s)/session(s):
Session: .
DATE: .
START TIME:
The Photographer agrees to professionally photograph the above listed event(s)/session(s) (hereinafter the “Event/Session”) to the best of the photographer’s abilities and pursuant to the terms outlined below.
The Photographer’s allotted time at the Event begins at the Start Time listed above and will not be impacted or altered due to a late arriving Client or some other reason for delay. The Client will not be reimbursed for the time lost due to an Event not starting on time.
The Client warrants that the Photographer will not be asked to trespass, and that the Client has gained the necessary permissions to have the Photographer photograph all property, people, and things the Photographer will be asked to Photograph, and the Client agrees to produce proof of such permissions if asked by the Photographer. The Client also agrees that the Photographer will not be asked to Photograph any minor children unless the Parents/Guardians of those Minor Children have signed a Model Release for said Minor Children.
III. PAYMENT
In consideration of the Photographer’s commitment to perform the Services outlined by this Agreement, the Client hereby agrees to pay the sitting fee/deposit upon signing this Agreement. The Client agrees that the Deposit is non-refundable, and the Photographer has earned the Deposit in full when paid. Upon receipt of this signed Agreement and the Deposit being paid in full, the Photographer will reserve the time and date of the Event for the performance of the Services outlined in this Agreement.
The Client further acknowledges the Photographer’s Standard Price List, which is adjusted periodically. Therefore, any future orders shall be charged at the prices in effect at the time when the order is placed.
Payment for digitals images, prints, wall art or merchandise is due BEFORE delivered. The client
agrees that payment for digitals images, prints, wall art or merchandise is non-refundable once order is placed and/or delivered.
IV. STUDIO
The Client will not hold the Photographer liable for any injury, loss or damage to person and property that may be sustained as a result of participation in the photographing of the Session. The Client understands that participation in the Event/Session involves inherent risks and the Client assume all related risks and voluntarily participate in the Event/Session.
V. CANCELLATION, POSTPONEMENT, AND RESCHEDULING
The Client understands that by entering into this agreement, the Photographer is foregoing other
photographic jobs. The Client must give 7 calendar days’ notice of any postponements or
cancellations. If the Client provides the Photographer with such adequate notice of any postponements or cancellations, the Client will be permitted to credit their original Deposit towards a mutually agreed upon reschedule date; the reschedule date must be 6 months of the original Event/Session. Failure to give the Photographer adequate notice of postponements or cancellations will result in a full forfeiture of the Client's Deposit and may result in the Client being liable for additional fees to compensate the Photographer for expenditures the Photographer is unable to recoup.
If the Photographer cannot perform this Agreement in whole or in part due to illness, injury, fire,
casualty, emergency, act of God or nature or terror, or other cause beyond the control of the Photographer, the Photographer and the Client will make a good faith effort to reschedule the event.
VI. PHOTOGRAPHIC MATERIALS
The Photographer retains ownership over all photographic materials provided to the Client, including but not limited to proofs and previews if provided. The Photographer has complete discretion in selecting the photographic materials that the Photographer will allow the Client to preview. The Photographer retains creative control over the editing process and, if upon completion of the Photographer’s edits, the Client requires additional editing, such edits may be requested for an additional fee depending on the amount and type of edits requested.
VII. COPYRIGHT
The Client agrees that the Photographer retains full copyright ownership over all images captured by the Photographer pursuant to this Agreement in both their original and edited format. As such, the Client understands that without the express written permission of the Photographer the Client may not duplicate or alter the images in any way or sell the images for profit. Doing so is strictly prohibited under U.S. copyright law. The Photographer may provide the Client with photographic digital materials. The Client agrees to only make use of those photographic digitals in accordance with the terms of this Agreement. The Photographer will provide such digital material to the Client for the Client’s personal use only. In regards to sharing images on social media, the Client agrees to only share images that have been provided to the Client with the Photographer’s watermark and will not crop, alter, edit, apply filters or remove watermark and/or add any other companies logo or watermark.
VIII. LIMITATION OF LIABILITY
The Photographer takes the utmost care with respect to the exposure, retouching, and transportation of photographic materials. As such, the Client agrees that in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer, the Photographer’s liability will be limited to a refund of all payments paid to the Photographer to date less the Photographer’s full costs incurred as a result of this Agreement.
Furthermore, the Photographer will not be held liable to the Client, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages which arise regarding this Agreement. The Client will not hold the Photographer liable for any injury, loss or damage to person and property that may be sustained as a result of participation in the photographing of the Event/Session. The Client understands that participation in the Event/Session involves inherent risks and the Client assume all related risks and voluntarily participate in the Event/Session.
IX. MISCELLANEOUS
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Utah applied to contracts that are executed and performed entirely in Utah. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms and Conditions shall be Utah.
The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
The Client cannot transfer this Agreement to anyone else without the Photographer’s express written permission. This Agreement stays in place and need not be renewed. This Agreement cannot be amended by orally and can only be amended in writing with the consent of both parties.
X. Model and Property Release
By signing this release, I hereby grant the following rights and permissions to the Photographer. The Photographer has the irrevocable, exclusive, perpetual and unrestricted right to take, use, re-use, publish and republish photographic materials containing my likeness as well as those photographic materials produced as a result of any photographic session I contracted with the Photographer for Photographic Digitals, in whole or in part, without restriction as to changes or alterations, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever.
By this agreement I waive any legal right to inspect or approve the preliminary or final Photographic Materials to be used by the Photographer pursuant to this Release. I agree that the copyright to the Photographic Materials is the sole property of the Photographer, and that the Photographer may protect the copyright or dispose of or authorize the use of any or all such rights in any manner whatsoever.
I hereby release, discharge, and agree to hold harmless the Photographer from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form of the photographic materials or in any subsequent processing of them, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy. I am of full legal age and I have the right to contract in my own name. I have read the entirety of this Release prior to signing it and I am familiar with its contents. This document shall be binding upon me and my heirs, legal representatives, and assigns.
____________________ _______ _ _________ _________
CLIENT
www.MyPetsRFamily.com
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801-941-3142