This agreement is between Caroline Pacula, hereinafter referred to as the “Photographer”, operating in the State of California, and the signers of this photography agreement, hereinafter referred to as the “Clients”, collectively referred to as the “Parties”. This written agreement constitutes the entire agreement of the Parties on the subject matter of photographic or artistic services.
This agreement contains the understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived.
CHANGE OF DATE OR VENUE
The Photographer must be notified immediately of any requested changes in schedule at least one week prior to the scheduled date of the photography session. Notification of any changes shall be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation will not be effective unless sent back by the Photographer via email. It is the client’s responsibility to confirm all arrangements at least 7 days prior to the scheduled session.
A retainer fee of $200 is required for all photography sessions 10 days prior to the scheduled session. This is a non-refundable retainer. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid on the day of event.
FAILURE TO PERFORM
The Photographer is not responsible for non-performance due to: weather conditions, scheduling complications due to Client’s or Client’s photographic subject’s tardiness, photographic subject’s failure to cooperate, and any other circumstances beyond the reasonable control of the Photographer. The Photographer will do its best to fulfill all requests but can make no guarantees all images taken during the photography session will be delivered.
All photos are copyrighted. The Photographer retains the sole rights to all the digital images taken during the photography session. A fully paid, irrevocable, transferable license is hereby granted by Client to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, blogs, etc.
Images are edited at the Photographer’s discretion and may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
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 moneys paid by the Client, less 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. 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. In no event will Photographer’s liability for any cause whatsoever exceed the total value of the package price.