Cancellation: If the Client requests to amend or cancel this contract 14 or more calendar days before the agreed upon photographic event date, the retainer shall be applied to a mutually agreed upon reschedule date. If the Client fails to show or cancels 24 Hours or less before the agreed upon photographic event date, the retainer shall be forfeited.
Rescheduling/Late Arrivals: In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 2 days prior to the scheduled event. Reschedule must be within the same calendar year. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.
Completion Schedule: Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third party manufacturing laboratories are utilized for products and may provide restricts on an order not outlined in this contract.
Prints shall take 3 weeks from the time of the print order to be processed and delivered to the Client. Albums shall take 4 weeks from date of final design approval by the Client to be received by the photographer. Digitals shall take up to 3 weeks from the order session and paid in full to complete.
The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of $100 shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and /or delivery services.
Photographic Materials: All photographic materials, including but not limited to negatives, transparencies, proofs and previews shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this contract.
The Photographer shall make gallery proofs available through an agreed upon in person product consultation. These proofs shall be available for viewing by the Client within 3 weeks of the photographic event. All orders shall be placed during the in person consultation.
Artistic Rights: The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a minimum gallery of 15 photographs to select from and shall receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post processing as the Photographer deems within their creative control.
Copyright and Reproductions: The Photographer shall retain copyright ownership of all works created in the course of this contract, including but not limited to all imagines in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited (Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102) without the written permission of the Photographer. Alterations included but are not limited to the application of filters, cropping, or modifications of any kind.
The Photographer DOES NOT provide the Client permission to resize photographs for internet based usage.
Client Usage: The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this contract. The Client's prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third party to make, reproductions of works resulting from this contract without the expressed permission of the Photographer. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
Social Media: The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screenshot, or capture the photographs in any other fashion. The Client shall identify the "COPYRIGHT YEAR, PHOTOGRAPHER BUSINESS NAME" in the caption of all photographs uploaded to social media websites and profiles.
Photography and Videography: The Client shall not engage in photography or videography during the course of the photographic event unless otherwise agreed to by the Photographer.
Failure to Perform: If the Photographer is unable to perform this contract due to illness, emergency, fire, casualty, strike, Act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited.
Photographer's Standard Price List: The charges in this contract are based on the Photographer's Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
Arbitration: Any controversy or claim arising out of or relating to this contract, or the breach there of, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer's office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Not withstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $500. In No event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
Indemnification: The Photographer shall be held harmless for any and all injury to the Client and the Client's property during the course of the photographic event and the immediately surrounding events.
Miscellany: This contract incorporates the entire understanding of the parties. Any modifications of this contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of subsequent breach or default of either the same provision or any other provision of this contract. This contract shall be governed by the laws of the State of Maryland.
Attorney's Fees: If either party to this contract brings a legal action against the other party to this contract to secure the specific performance of this contract, collect damages for breach of this contract, or otherwise enforce or interpret this contract, the prevailing party shall recover reasonable attorney's fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
Construction: Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this contract shall be interpreted as to its fair meaning and not strictly for or against any party.