NOW, THEREFORE, in consideration of the promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties agree, intending to be legally bound, as follows. 

 

• Exclusivity: Photographer shall be the only photography services provider retained by the Client for the Event. Family and friends of Client shall be permitted to photograph the event, for non-commercial purposes, provided that such person or persons do not interfere with Photographer’s duties. Guests may be asked to refrain from taking flash photographs at certain intervals of the Event to ensure proper exposure of images, and Client agrees to cooperate with Photographer to ensure guests comply with Photographer’s requests.

 

• Fees, Expenses, and Coverage: A retainer fee of $30(basic) or $500(wedding/birth) is required for all sessions. This is a non-refundable retainer. No date is reserved until a retainer is received. The retainer will not be applied towards the total cost of the services to be rendered in exemption to the purchase of a wedding or birth package. The non-refundable retainer is to secure your spot with the Photographer on the date and time of your choosing. In addition to the non-refundable retainer, Client agrees to pay Photographer at an hourly rate of $________ per hour for the Photographer’s coverage of the Event, or, alternatively, the agreed package price attached hereto as Exhibit A. The foregoing agreed payment does not include the cost of prints unless otherwise agreed to as part of the package attached as Exhibit A. The balance of the complete package price must be paid no later than the day of the Event, before the Event begins. If final payment is not received before the Event begins, the Photographer will not be required to cover the Event. Coverage shall begin at the date and time mutually agreed upon by the Photographer and Client, and continue for the number of hours purchased, contiguously. Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order. 

 

• Delivery. Client’s photos will be delivered in a digital format no later than eight (8) weeks from the day after the Event. Client’s photos will be delivered economy ground service via United States Postal Service on a CD or DVD to the address given to the Photographer by Client. The Photographer will not be held responsible for lost or damaged CD’s or DVD’s. If the original set fails to be delivered to the Client’s address, the Photographer will send one more copy to the address given to the Photographer.

 

• Change of Date or Venue. Client must notify Photographer of any changes in schedule, location,  or any other details listed in Paragraph 2 above at least seven (7) days prior to the scheduled date of the Event. Notification of any changes may be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the Client’s responsibility to confirm all arrangements, specifics, and last minute details concerning the Event at least seven (7) days prior to the Event. Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all details of the Event.

 

• Cancellation. There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date. All cancellations must be confirmed by Client in writing to Photographer. If the Event is cancelled within two weeks of the Event date listed in Paragraph 2, Client shall pay the balance of the agreed payment in Paragraph 3 due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Additional arrangements, such as rescheduling a different shoot, etc., shall be discussed between the Clients and the Photographer, but shall not be binding on Photographer unless agreed to in a writing signed by both Parties.

 

• Failure to Perform. The Parties agree to exercise good faith in ensuring open cooperation and communication to achieve the best possible result under the circumstances. Due to the limited and subjective nature of the Event, Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by, but not limited to, anyone in or at the event, church or location restrictions, etc. Photographer is not responsible for lost photo opportunities due to other cameras, flashes, the lateness of the clients, or other circumstances. Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will exercise his/her best efforts to fulfill all reasonable photography requests, but can make no guarantees all desired images will be delivered. Photographer recommends that the Client point out desired individuals, scenes, and/or items to Photographer as early as possible that the Client wishes to have photographed. Photographer will not be held accountable for failing to photograph all desired individuals, scenes, or items. Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. It is the responsibility of the Client to ensure that guests are asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.

 

• Copyright. Copyright to all images captured by Photographer shall remain with Photographer. All photos are copyrighted in favor of Photographer. The negatives and or digital images (hereinafter collectively referred to as the “Images”) created by Photographer and/or his/her employees or subcontractors remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online or elsewhere without the written permission of the Photographer. Violators will be subject to civil and criminal penalties. Permission is hereby granted to the Photographer to use any images created under this Agreement for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's employees or subcontractors. If purchasing copies of images taken by Photographer on CD/DVD, Client will be given a written release to make personal copies of images from CDs or DVDs. Client understands the images given on CD/DVD cannot be used for profit or advertising. 

 

• Portfolio Use. Photographer may use any photos of choice for commercial, publication purposes to promote Photographer’s work to persons other than the general public, including promotional cards and portfolios, provided the Photographs may be displayed or transferred over the Internet.

 

• Liability. Photographer would never intentionally put Client in danger of any way. However, Photographer shall not be held responsible for any injuries sustained by Client or any other participating parties. Client(s) will be responsible for their children and for themselves. Client hereby waives and releases Photographer from any and all claims relating to injury to person or property sustained in connection with the Event and agrees to assume responsibility for Client’s guests. Additionally, Client waives and releases any and all claims against Photographer for damage to or loss of clothing or accessories of any kind. Client is responsible to arrange personal assistance for all clothing, costumes, jewelry, etc.

 

• Creative License. Images are edited at Photographer’s discretion, and delivered prints may not include all images shot. Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within Photographer’s artistic standards.

 

• Force Majeure. If the Photographer or its assigns cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the Parties, then the Photographer shall return any money paid by the Client, excluding retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

 

• Severability. Should any provision of this Agreement be determined to be unlawful or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain fully enforceable.

 

• Choice of Law. This Agreement shall be interpreted and enforced under Tennessee law.

 

• Entire Agreement. This Agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. This Agreement shall not be modified unless such modification is contained in writing, signed by both Parties.

 

• Venue and Attorney’s Fees. The Parties agree that any action to enforce or interpret the provisions of this Agreement shall be brought in a Court of competent jurisdiction in Knox County, Tennessee. If any Party to this Agreement is required to seek interpretation or enforcement of this Agreement through suit, or otherwise, the prevailing Party is entitled to receive the costs of such enforcement or interpretation, including the Party’s reasonable attorney’s fees, from the non-prevailing Party.