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CONTRACT AGREEMENT FOR

WEDDING TIER II - WEDDING REMEMBERED

This contract between Studio 8412 Photography, hereafter “Photographer”, and and their partner if applicable, hereafter collectively, “Client”, governs the assignment of a photography session, with the accompanying description of services constitutes the entire agreement between the parties concerning the assignment. Any amendments to this agreement shall be made and agreed upon in writing. This Agreement may be executed in one or more counterparts, including electronic versions, each of which shall be deemed an original, but all of which taken together constitute the same instrument.

Client has agreed to the Session described below:

Wedding Tier II - Wedding Remembered - $2000

  • 2 hour Engagement session

  • 8 hours of wedding day coverage

  • Individual hand-touched editing of images

  • Online gallery of high resolution photos

  • Print release and professional printing options

Photographs shall be made in digital format and shall be of a style and quality generally similar to photographs visible on Photographer's portfolio website. Final images shall be adjusted for correction of color and exposure and will reflect Studio 8412 Photography's general portfolio, with no more precise adjustments or retouching, though Photographer may choose to do some as deemed necessary. The number of final images selected by Client shall depend on which package of services Client has selected. Precise adjustments and/or retouching of additional images do not fall under the scope of this Agreement and shall be made under separate agreement if desired. Final images will be delivered in the JPEG file format in per industry standards. RAW files are not provided.

Payments And Booking

1) A non-refundable deposit shall be required to book your session date. The deposit fee of $400 is non-refundable except as described in the cancellation and postponement policies list below and is required to reserve a date on the Photographer’s calendar.

2) Payments can be made with major credit/debit cards via your invoice located in your client dashboard or email. Personal checks are also an acceptable form of payment given that the check has cleared prior to your wedding date.

3) Photographer's fee of $2000 is for Photographer's time as described in the package of services selected by the Client as listed above. No final versions of images will be released to Client until payment of $2000 has been received in full.

4) Payment plans are offered to all session clients. In general, session payment plans are as follows:
non-refundable deposit required to hold wedding date,
remainder of the balance to be paid in full 5 days before the wedding.

Fees & Policies

1) All edits are final, including black and white conversions. Additional editing is invoiced at $25 per image. Edits such as face swapping, blemish editing, removing braces or any edit out of the scope of normal editing shall be charged an additional fee, dependent on edit desired. Client agrees that Photographer may not be able to perform all specialized edits and any special edits should be discussed prior to booking your session.

 2) Permit Fees: If Client chooses a location in which a permit is required, Client is solely responsible for the cost of the permit and will be invoiced accordingly. Photographer will obtain a permit on behalf of the client.

3) Session fees only included what is listed on your invoice and part of your session collection. This includes coverage time, photo delivery and any print products listed. Any changes to items included in a session package must be done in writing as a sub-contract to this contract.

Parent/Guardian Waiver for Minors (under 18 years old)

1) The undersigned parent and natural guardian does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child or ward’s participation in this photography session, and has agreed individually and on behalf of the child or ward, to the terms of the accident waiver and release of liability set forth above.

2) The undersigned parent or guardian further agrees to save and hold harmless and indemnify Studio 8412 Photography and Heather Terry from all liability, illness, loss, cost, claim, or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.

3) Children who are participating in this photography session and who are subject to this liability waiver agreement are listed below as follows:

Animal Rules

1) Any animals to be included in session must be discussed prior to session date. Client understands that if animals are included, location choice is limited to animal friendly spacesas required by regulations in those spaces.

2) Animals must be kept on their leash during your session. Bring treats!

Deliverables

1) In keeping with the Assignment as described above, images provided to Client shall be usable and in accord with Photographer's artistic vision, taste, judgment, and style. Photographer shall be solely responsible for determining whether an image is usable, and for all creative decisions. "Usable" shall mean images are sufficiently in focus such that the primary subject of the photograph is sharp enough that the picture can print well up to 5x7 inches in size, and the images are exposed such that there is a range of believable tones from dark to light.

2) Client agrees that Photographer is hired for her artistic talent, creativity, taste, experience, and judgment, and Photographer may deliver images produced using techniques such as selective focus, tilting, cropping, toning, vignetting, high contrast, low contrast, black and white, etc., and these shall also be considered usable.

3) Images produced under this Agreement that are deemed by Photographer to be unusable shall not be provided to Client. RAW images shall not be provided to the client.

4) Client gallery shall be delivered via an online gallery. This gallery will generally be uploaded to Photographers gallery website within 4 weeks of your session date unless otherwise noted.

5) Some images will be provided in either black in white or color, NOT both. Photographer reserves the right to convert any gallery image to black and white under their artistic discretion. Additional edits requested by the client are charged $25 per image. Generally 5-10% of a session gallery is delivered in black and white.

6) Client will have at minimum of 12 full months to download their gallery/images. At the end of that time period, your gallery may be archived and not accessible.

7) Digital files are stored by Studio 8412 Photography indefinitely.

Postponement

1) Should the session be postponed for any reason, Client understands that Photographer may not be available for the new date. Client should consult with Photographer prior to selecting a new date for their session. Should Client postpone the session to a date for which the Photographer is not available, the assignment shall be considered canceled, and the cancellation agreement below shall apply. Photographer shall be notified of any postponement or likelihood of postponement as soon as possible and will make every reasonable effort to be available for the new date. In the event the assignment is postponed, additional expenses may be incurred.

2) Postponements should be scheduled within 12 months from the original session date when feasible. Sessions postponed beyond 12 months from the original date may incur a postponement fee if there is a raise in prices.

2) In the event of a postponement, Client and Photographer will enter into a new contract for the new session date and this contract shall be void.

Cancellation

1) The deposit fee of the total invoiced amount of $400 is non­-refundable, regardless of circumstance. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, conditions of nature, including but not limited to pandemics, plagues, and epidemics, war, the actions of police or emergency services, terrorism, civil disturbance, or the fault of a third party.

2) Photographer must be notified of cancellation of session no less than 1 month before the originally scheduled day of the wedding.

3) If cancellation occurs less 1 month from the originally scheduled wedding date, Photographer shall be paid the remainder of the full invoice amount of $2000 as it will be assumed that Photographer will be unable to rebook that date.

4) Any expenses incurred by Photographer to complete the Assignment (i.e., rental of photo equipment, purchase of airfare, accommodations, etc.) shall be paid by Client if this contract is canceled.

5) Photographer reserves the right to cancel this contract at any time, particularly if the scope of work required to complete the assignment changes substantially. Photographer also reserves the right to work in an environment that is safe and free from harassment. If this contract is canceled by the photographer due to harassment or unsafe working conditions, Client forfeits all money paid for session collection and Photographer is released from their legal obligation to fulfill this contract.

6) Final payment is due 5 days before the wedding. This shall include the remaining portion of the total fee of $2000. If final payment is not completed 5 days before the wedding, Photographer reserves the right to cancel this contract and Client forfeits all money paid towards wedding package.

7) In the event of cancellation, both Client and Photographer will be required to sign a cancellation sub-agreement for this contract.

8) In the event of cancellation and a refund is due to the Client, Photographer has 90 days from the date of the signed cancellation agreement to provide a refund to the Client.

Release of Liability Waiver

1) I/We, Client, HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN THIS PHOTOGRAPHY SESSION WITH STUDIO 8412 PHOTOGRAPHY.

2) By agreeing to a photography session with Studio 8412 Photography, I am hereby waiving, releasing, and discharging Studio 8412 Photography and Heather Terry and all its affiliates, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, illness, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me or my family including my traveling to and from this event.

3) Studio 8412 Photography is not responsible for any injuries or illness inflicted upon any participating parties.

4) Client will be responsible for their children and for themselves and release photographer from any claims against their person or their business.  Client swears that each person is participating voluntarily in the said photography session and forfeit all right to bring a suit against Heather Terry or Studio 8412 Photography for any reason listed in this RELEASE OF LIABILITY WAIVER section.

5) Heather Terry and Studio 8412 Photography agrees and forfeits all rights to bring suit against Client for any reason listed in this RELEASE OF LIABILITY WAIVER section.

6) Studio 8412 Photography is not responsible for uncooperative parties.  It is understood that the behavior of children is unpredictable, however, photographer is not liable if children do not cooperate during sessions.

7) This waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

Force Majeure Clause

Neither Party shall be deemed in default hereunder for any failure, interruption, or delay in performance due to unforeseen causes beyond their reasonable control, any of which will make performance impossible, impractical, or unsafe. Force Majeure events include but are not limited to:

1) Acts of God, including earthquake, flood hurricane, wildfire, typhoon, plague, epidemic, or other natural disasters of overwhelming proportions;

2) Acts of War, terrorist acts, hostilities, riots, or civil disturbances;

3) Federal, state, or local government regulations, restrictions, or order; or

4) Strikes, blockades, embargoes, other interferences with supply chains, transportation, or other essential commodities, locales, or services required in the performance of this agreement or in the conduct of business generally.

The Party invoking this clause shall give the other party written notice thereof promptly, but no later than five (5) days after discovery of the supervening event. The Party invoking this clause shall make reasonable efforts to mitigate the effects of the Force Majeure upon which such notice is based, including but not limited to proposing alternate arrangements. Each Party shall make a good faith effort to comply with its substantive obligations under this Agreement following the occurrence of a Force Majeure event.

Copyright

1) All work produced under this contract is copyrighted by Photographer, and all rights are reserved except those specifically granted herein. No “work for hire” contract is agreed or implied. Grant of any reproduction rights to any images produced and delivered to the Client is conditioned upon receipt of payment in full. All rights not expressly granted to the Clients shall be reserved by Photographer. No license is granted at all for proof images, as proof images are not suitable for any kind of reproduction or distribution.

2)  Client agrees not to sell any of the files or prints without written permission from the photographer.

3) The client agrees no edits will be applied to the images delivered by the Photographer. This includes: filters, cropping, color alterations or manipulation of the image in any way.

Release

1) On behalf of all attendees of the event, Client hereby grants the following rights and permissions to Photographer, their legal representatives and assigns those for whom Photographer is acting, and those acting with their authority and permission.

2) Photographer has the absolute right and permission to take, use, reuse, publish, and republish photographic portraits or pictures of those photographed, including any minors, or in which any minor may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with the adult's or minor's own or a fictitious name, or reproductions of such photographs in color or otherwise, made through any medium at Photographer's studios or elsewhere, and in any media now or hereafter known, including the Internet, for art, advertising, trade, or any other purpose whatsoever. Clients waive any rights they may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such photographs or the uses to which it may be applied. Clients understand that the images of those photographed, including any minors, may be used in print or on the Internet. Clients consent to this use.

3) Clients release, discharge, and agree to hold harmless and defend Photographer, his legal representatives or assigns, and all persons acting under his permission or authority or those for whom he is acting, from any liability by any reason in connection with the making and use of such photographs, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or any subsequent processing thereof, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy. Clients hereby warrant that they are legal and competent adults and have the legal authority to make such an agreement on behalf of any minor present at the session. Clients state further that they have read the above authorization, release, and agreement, prior to its execution, and that they are fully familiar with the contents of it. This release shall be binding upon the Clients, and Clients’ respective heirs, legal representatives, and assigns.

Disclaimer

1)While Photographer will take reasonable precautions, there are occasions when a problem may arise, due to the sometimes unpredictable nature of assignment photography. Photographer shall take reasonable steps to complete the Assignment satisfactorily and in keeping with the spirit of this Agreement. Under no circumstance shall Photographer be liable for any amount that is greater than the sum of the contract, all expenses incurred in the production of the assignment, and any additional fees received by Photographer.

2) Artistic Style: On Photographers' behalf, and on behalf of the subject, Client acknowledges that they are familiar with the Photographers' portfolio and are requesting services with knowledge of the Photographers' style. Client acknowledges that the Photographers work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the photos may be different from photographs taken by the Photographer in the past; and that in creating the photos, the Photographer shall use their artistic judgment to create images consistent with their vision of the Event, which may be different from the Clients and/or the Subjects vision of the event. Accordingly, Client acknowledges that the photos shall not be subject to rejection on based on taste or aesthetic criteria.

Indemnification

1) Client hereby indemnifies and holds Photographer, their heirs, legal representatives, assigns, and all persons acting under his permission or authority or those for whom he is acting harmless against any liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Clients use of Photographers services.

By signing below you certify that you are at least 18 years of age and are legally able to enter into a contract. All terms are hereby agreed upon by both parties. Subcontracts will be added to facilitate any changes to this contract after the signing date. By signing below you acknowledge that you have read this session contract and fully understand the contents thereof. By signing this contract you are in agreement with the liability waiver release contained therein. You agree that you have the legal authority to grant these permissions and accept all responsibility for such.

SOUTHWEST MISSOURI BASED LIFESTYLE, WEDDING, PORTRAIT, FIRST YEAR AND FOOD PHOTOGRAPHER.

My studio is located in Carl Junction, Mo. however I am willing to travel to the location that is the best fit to capture your memories.

Studio: 1208 E Pennell St. Carl Junction, Missouri

Call: (417) 510-5006

Email: studio8412@gmail.com

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Local Professional Photographer Serving Areas Including:

Joplin, Neosho, Carthage, Webb City, Carl Junction, SW Missouri, MO