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Hildebrandt Wedding Agreement
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Wedding Photography Agreement
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1. AGREEMENT OVERVIEW:
This Agreement constitutes a single integrated contract expressing the entire agreement of the above written parties (hereafter referred to as CLIENT) and Lazio Images (hereafter referred to as PHOTOGRAPHER) with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the Parties hereto with respect to the subject matter hereof.
1.1. "Assignment" refers to the portrait session and related photography, as described above, that CLIENT is commissioning PHOTOGRAPHER to perform.
1.2. "Cancellation" means that the Assignment is cancelled by CLIENT and not rescheduled. In the event of cancellation, CLIENT will be responsible for those fees, costs and charges set forth in section 4 below.
1.3. "Work" means all photographic images, negatives, digital media, prints or other materials created by PHOTOGRAPHER while performing the Assignment.
CLIENT acknowledges that in the event that there is a Cancellation of the Assignment, PHOTOGRAPHER will incur expenses and financial loss. Therefore, CLIENT agrees to notify PHOTOGRAPHER of a Cancellation at least 72 hours prior to the expected Cancellation date in order to minimize costs, expenses, and loss of income to PHOTOGRAPHER. Due to the custom assignment and inability of PHOTOGRAPHER to perform other sessions during time reserved for CLIENT, if PHOTOGRAPHER has received payment for a scheduled Assignment, CLIENT will not be entitled to a refund if he or she cancels the Assignment. Should PHOTOGRAPHER be unable to perform the Assignment due to unforeseen circumstances, PHOTOGRAPHER will procure a suitable replacement photographer(s) for the assignment. CLIENT shall be notified of replacement 72 hours prior to the Assignment or as soon as PHOTOGRAPHER is able to notify CLIENT.
3. MODEL RELEASE:
The CLIENT hereby grants to PHOTOGRAPHER and successors, heirs, executors, administrators, assigns, attorneys, representatives and agents, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, stock images, advertising or any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases PHOTOGRAPHER and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to PHOTOGRAPHER use of said images.
4. COPYRIGHTS & IMAGES:
Images produced by PHOTOGRAPHER are under the protection of Federal Copyright Law, and all rights are reserved. Upon final payment by CLIENT, CLIENT is granted limited license to use and display resulting images for personal use. Said images may not be altered or reproduced in any manner without prior written permission of PHOTOGRAPHER. This excepting CLIENTs who receive a high resolution digital disk with printing rights, who may make prints for personal use, but may not copy, or re-distribute the disk in any manner. The CLIENT agrees not to sell or make a profit from distribution or production of said images.
CLIENT shall indemnify and hold harmless PHOTOGRAPHER from any loss, damage or liability resulting from CLIENTs violation of the terms of this Agreement or any agreement involving CLIENT and the PHOTOGRAPHER. CLIENT shall indemnify PHOTOGRAPHER and hold it harmless from and against any claim by any other person or entity resulting from the performance of services under this Agreement.
6. ARBITRATION & JURISDICTION:
Any dispute arising under or in any way related to this Agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules then in effect. The Arbitration shall be conducted in the State of Colorado. The arbitration shall be binding on the Parties and any court of competent jurisdiction may confirm the Arbitration Award. This Agreement shall be construed according to the laws of the State of Colorado. CLIENT acknowledges that this Agreement was entered into in Denver, Colorado, and that at least a substantial portion of this Agreement will be performed in the State of Colorado, and that the proper venue for any legal action related to this Agreement is in the Superior Courts of the County of Denver, Colorado.
If any part of this Agreement is determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.
8. RETAINER & PAYMENT:
CLIENT agrees to pay the Final Total at the signing of this Agreement as a retainer of services. Should CLIENT cancel or otherwise breach this Agreement, this non-refundable retainer shall be liquidated for damages to PHOTOGRAPHER. The CLIENT shall also be responsible for payment of any materials/charges incurred up to time of cancellation. The Final Total, including any and all applicable taxes and fees, shall be payed in full, at least thirty (30) days prior to the date of the Assignment, unless otherwise noted. If there is less than fifteen (15) days from the scheduling of the Assignment to its fulfillment, final payment shall be payable up to the day of the Assignment. In either case, and unless otherwise arranged between PHOTOGRAPHER and CLIENT, if final payment is not received in full by the date of the Assignment, the outstanding balance will be subject to a five percent (5%) monthly finance charge until paid in full. PHOTOGRAPHER accepts payment by cash, check or credit card (Visa, MasterCard, Discover). CLIENT agrees to pay a Forty Dollar ($40) non-refundable fee for all checks returned for nonsufficient funds or any other reason.
9. LIMIT OF LIABILITY & NO WARRANTY OF LONGEVITY:
PHOTOGRAPHER takes the utmost care with respect to exposure, storage, and processing the photographs/images, but cannot and does not, guarantee that photographs/images of the Assignment will not be lost, stolen, or destroyed for reasons within or beyond PHOTOGRAPHER control. CLIENT agrees that the full and complete responsibility and liability of PHOTOGRAPHER is expressly limited to the return of all payments received for the Assignment. PHOTOGRAPHER does not warrant the longevity in quality of any digital media or files delivered to CLIENT. CLIENT bears the sole responsibility for backing up, archiving, and maintaining the integrity of their delivered digital media and/or files.
10. IMAGE COUNT & CREATIVE LICENSE:
PHOTOGRAPHER agrees to deliver to CLIENT a total edited image count of not less than three hundred (300) images and not to exceed five hundred (500) images regardless of total number of original images captured and/or hours spent photographing the Assignment as outlined in this Agreement. CLIENT agrees that PHOTOGRAPHER reserves the sole and exclusive right to exercise its discretion as to which images are fit and suitable for final editing and delivery to CLIENT.
11. CLAUSE HEADINGS:
The clause headings in the Agreement are for reference only and do not form a part of this Agreement.
I have read, understand, and agree to all terms presented in this Agreement between myself (CLIENT) and Lazio Images (PHOTOGRAPHER).
Wedding Day Photography
Unlimited wedding day photography
Edited digital images
Copyright Use for Printing and Social Media
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