MELO AND ME PHOTOGRAPHY - CONTRACTUAL SERVICE AGREEMENT
This agreement (“Agreement”) constitutes a binding contract for photography services and/or products. This agreement is made effective for all purposes, in all respects as of ((shoot.date)) by and between Melo and Me Photography, hereinafter referred to as “the Company” and ((contactfullname)) hereinafter referred to as “the Client” relating to the event(s) detailed below, hereinafter referred to as “The Event(s)”.
ENTIRE AGREEMENT: This agreement contains the entire understanding between the Company and the Client. It supersedes all prior and simultaneous agreements between the parties. This agreement can only be amended in writing and signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of the agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION: A non-refundable retainer fee along is required to reserve the dates and times of the Event(s). By paying the retainer fee, the Client agrees and understands all provisions of this agreement and that the session fee is non-refundable. All products and digital files are sold separately. If the Client reschedules, postpones, or cancels; or if there is a breach of contract by the Client, the Client shall be responsible for payment for any of the Company’s materials and liquidated damages as a result, and charges incurred up to time of cancellation. In the event the Client cancels, no refunds will be issued and transfers will not be allowed. If the Event is cancelled by the Company due to bad weather, the session fee will be applied to the next Event. The retainer fee for a petite/"mini" or promotional session covers up to four immediate family members only. Two additional persons (for a total of 6) may be added for an additional fee of $25 per person.
SAFETY: The Company reserves the right to terminate coverage and leave the location of the Event(s) if the photographer from the Company experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the location of the Event(s); or in the event that safety of photographer from the Company is in question.
SHOOTING TIME/ADDITIONS: The Client and the Company agree that cooperation and punctuality are essential to accomplish the wants and needs of all parties. Shooting begins at the scheduled start time and ends at the scheduled end time. If the Client does not arrive at the appointed time agreed upon for the Event(s), shooting will still commence at the scheduled start time and end at the scheduled end time. In the event that a Client arrives more than 7 minutes late to the petite/mini session, the session is subject to cancellation and the Client will forfeit all fees and payments to the Company.
RESPONSIBILITIES: The Company is not responsible for compromised coverage due to causes beyond the control of the Company, including but not limited to: obtrusive guests, lateness of the Client or guests, weather conditions, schedule complications, incorrect addresses provided to the Company, rendering of decorations, or restrictions of the locations. The Company is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The Company is not held liable for missed coverage of any of the Event(s). The Company will not be held accountable for failure to deliver images of any individuals or any objects at the Event(s).
VENUE AND LOCATION LIMITATIONS: The Company is limited by the rules and guidelines of the location(s) and site management. The Client agrees to accept the technical results of their imposition on the Company. Negotiation with officials for moderation of guidelines is the Client’s responsibility; the Company will offer technical recommendations only.
FILM, COPYRIGHTS, AND MODEL RELEASE: The photographs produced by the Company are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner with the Company’s explicitly written permission. If the Client receives a digital image from the Company, the Company grants the Client permission to share the images on social networking websites, with family and friends, as long as the images remain unaltered and textual credit is explicitly given to the Company. If textual credit is not given or the images have been altered in any way, the Client has breached the contract and may be contacted by the Company. The Company reserves the right to share the images on social networking websites, with family and friends, vendor websites, advertisements, and promotional materials, and in any manner and medium. The Client agrees that copyright, moral rights, and all other intellectual property rights to the photos belong to the Company and/or his or her heirs, licensees or assigns, with full right of lawful disposition in any manner. The Client agrees that he/she cannot and will not sell or otherwise transfer publication rights to any of the photos without Company’s written consent.
The Client understands that the Company retains all copyright laws and may use the photos for purposes related to the promotion of Company’s photography business, including, but not limited to: advertising, portfolios, composite cards, exhibitions, contests, and promotional web sites, etc. The Company may sell or transfer rights to media sources, such as but not limited to: magazines, newspapers, newsletters or television or other media as editorial or news, related to the theme, or themes, of a photo shoot, photo session, series of images or individual image. The Company reserves the right to sell downloadable digitals and/or prints exclusively, but not limited to a series of images or individual image from relating photo shoot or photo session.
The Client understands that the Company has the moral right to be identified as the author of the photographs when copies of the photographs are presented to the public, and shall communicate this understanding to publishers, designers and other third parties.The Client hereby assigns the Company the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The Client releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the Company is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the Company, the Company will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found responsibility and liability are limited to the return of all payments received for the Event(s).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Company’s control, including but not limited to camera, hard drive, or equipment malfunction, the Company liability is limited to the return of all payments received for the Event(s). 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. The Company is not liable for the loss of images beyond the lesser of the final delivery of all products included in the session or 180 days.
FULL SESSIONS CAPTURE AND DELIVERY: The Client understands that digital images and mobile apps that have been provided for digital download (via Google Drive, Dropbox, iCloud, Email, etc.) are subject to security and privacy risks on the Internet and agree that the Company will not be held liable for sharing of photos via personal links, online, or negligence. The Client agrees to take all necessary precautions to ensure their digital images are saved prior to deletion.
The Company is not liable to deliver every image taken at the Event and the determination of images presented to the Client is left to the discretion of the Company. The Client understand that digital files included with some, but not all products, will be branded/watermarked and delivered in the dimensions of 1100 pixels on the long edge and 100 pixels per inch in .jpeg format for non-commercial, online use only. If custom mobile apps are included in the collection, said product will only be available for 14 days after delivery. The Client understands that digital images that have been provided for digital download (via Google Drive, Dropbox, iCloud, Email, etc.) or USB ("flash drive") are subject to security and privacy risks on the Internet and agree that the Company will not be held liable for sharing of photos via personal links or negligence.
The Client agrees to meet in person at the In-Person Reveal and Ordering Appointment within 14 days of being notified images have been processed unless otherwise noted. All parties financially involved, are required to attend. If both parties do not attend, the Reveal and Ordering Appointment may be rescheduled. The determination of images presented to the Client is left to the discretion of the Company. In the event that a Client fails to attend the In-Person Reveal and Ordering Appointment within the specified time frame, or requires subsequent Ordering Appointment(s), a fee at the current hourly rate may be assessed per Ordering Appointment. The Client acknowledges that images not purchased at the Reveal and Ordering Appointment are subject to deletion immediately after the appointment. Purchased images will be stored on the hard drive for 180 days after the Ordering Appointment. Client requests to retrieve images that have been archived, may incur an archival fee at the current rate. The Client agrees to take all necessary precautions to ensure all digital images delivered, regardless of medium are saved prior to deletion.
PROMOTIONAL SESSIONS CAPTURE AND DELIVERY: Promotional sessions include only the items included in the package or collection. 2018 winter and/or spring non-refundable session fees must be booked by February 10, 2018 and paid in full no later than 11:59pm Central Standard Time on February 28, 2018, and the session must be completed by April 30, 2018. If digital files are included with the session package or collection, only the amount stated will be given. Digital files printable up to 8x10 inches will be branded and sized at 1280 pixels on the long edge in .jpeg/.jpg format for non-commercial use only. Digital files and print release is to print up to 8x10. Additional sizes and high resolution digital files are available for an additional fee. High resolution digital files will not be branded and will be sized at 2048 pixels on the long edge in .jpeg/.jpg format for non-commercial use only. The Client understands that digital images that have been provided for digital download (via Google Drive, Dropbox, iCloud, Email, etc.) or USB ("flash drive") are subject to security and privacy risks on the Internet and agree that the Company will not be held liable for sharing of photos via personal links or negligence. The online gallery to download your digital files is available for 7 days, an extension is available for an additional fee of $100 for 7 additional days. If custom mobile apps are included in the collection, said product will only be available for 14 days after delivery. You'll receive an email regarding the client guide and service agreement upon booking.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer. Basic editing includes color corrections, white balance, cropping, and black and white conversions.Please allow at least 4-6 weeks turnaround time for processing and editing of images. The Client agrees that the photographs shall not be cropped, altered or distorted in any way. Any watermark and copyright notice that appear as part of a photograph must be left intact. Violation of these rules may result in legal action taken by the Company. Client requests for additional retouching will be charged at the current rate per hour.
PAYMENT SCHEDULE: No products will be delivered or ordered until final payment has been rendered. In the event the Client fails to remit the remaining balance at least 7 days prior to the Event, the Company shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and retain any and all products from the session the Client has not paid for. Returned checks and denied card payments will be assessed a $35 fee for each time the transaction is denied. The Client agrees to make payment of services and products in all invoices by the necessary due dates. In the event that a Client signs a payment plan, the Client agrees to the execution and contents. Clients will be assessed a $35 fee if payments are not received by 11:59pm Central Standard Time as agreed upon.
EXCLUSIVE PHOTOGRAPHER: The Client agrees that The Company is the exclusive photographer for the scheduled date of hire and that no guest or member of the Client party may take photos or videos during the session. The Company reserves the right to ask the Client, guest, or member of the Client’s party to refrain from taking photos or videos. If the Client, guest, or party member refuses do so, the Company reserves the right to end the session before the scheduled end time.
SALES TAX POLICY: All session fees and products are subject to the sales tax rate in the state of Texas at the time of reservation and purchase.
REFUND POLICY: Due to the nature of photography, no refunds will be given once a transaction has been completed or a non-refundable fee has been paid. Once the Client has made final payment to the Company, all products are non-refundable. The Company reserves the right to the Client with credits if the Company determines the Client has a right to refund. There will be no refunds due to “not liking a photo” per se, or from selecting the wrong photo after the Client has already received the product(s) from the Company. If the wrong photo was sent to the Client by mistake, as documented and indicated on the invoice (receipt), the Company will send the correct product to the Client free of charge.
PRICING AND PRODUCTS: Services or merchandise not included in the initial service agreement or contract will be sold at the current price when the order is placed. Prints, digital images, and other products may only be purchased in-person at the Ordering Appointment unless otherwise noted. All prices are subject to change at any time without notice. Credit vouchers and discounts have no intrinsic cash value and may only be applied toward merchandise purchased from the Company.
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