Terms and Conditions *
This Client Services Agreement (“Agreement”) is entered into, and is effective as of the Agreement Date by and between Myriam K Photography (“Studio”) and the person(s) identified as the Client on this Agreement.
1.1. “Assignment” refers to the wedding day and any related photography services described on the Agreement that Client is specifically commissioning Photographer to perform.
1.2. “Cancellation” means that the Assignment is canceled by Client and not rescheduled. In the event of cancellation, Client will be responsible for those fees, costs and charges set forth in section 5 below.
1.3. “Photographer” means the photographer identified on the Agreement and the Studio.
1.4 “Work” means all photographic images, negatives, digital files, prints or other materials created by Photographer while performing the Assignment.
1.5 “Other Photographers” refers to professional photographers other than those employed by the Studio, individuals acting in a manner of a professional photographer and/or videographers taking still images.
2. LIMITS OF LIABILITY. The Studio takes the utmost care with respect to the exposure, development and delivery of all photographs. However, in the event that the Studio fails to comply with the terms of this Agreement due to any event or act which prevents the delivery of the Work from the Assignment, the Studio’s liability to Client shall be limited solely to a refund of all money paid by Client to the Studio, and Client’s sole remedy shall be receiving a refund of all money paid by Client to the Studio.
3. SPECIFIC IMAGES The Studio and Client further agree that that the Studio cannot be held responsible for any specific image that may not be delivered. Client acknowledges and understands that Photographer uses a highly stylized and photojournalistic approach to the Assignment, with few prearranged or posed shots. Any failure by the Studio to deliver any specific image shall not be a breach of this Agreement, shall not result in a refund of any money paid by Client to the Studio, and Studio shall not provide any other remedy to Client.
4. PAYMENT SCHEDULE. Client must pay the retainer and final payment described below before Photographer has any obligation to perform the Assignment. Client’s failure to pay the retainer, and final payment shall be deemed a material breach of this Agreement, shall result in damage to the Studio, and shall relieve the Studio and Photograph from performing any services under this Agreement.
4.1. RETAINER. The retainer fee of 50% reserves the Photographer’s services for the Assignment on the date and time, and at the location(s) described on Agreement. The retainer fee is due and payable when Client signs this Agreement. The retainer is nonrefundable. .
4.2 FINAL PAYMENT. The final payment described on the Agreement is due and payable on the date of the Assignment.
5. CANCELLATION. Client acknowledges that in the event that there is a Cancellation of the wedding the Studio will be harmed, and that Client will notify the Studio of a Cancellation as soon as possible in order to minimize the Studio’s damages. If there is a Cancellation, the Studio and Client agree that the Studio shall keep the retainer.
6. SOLE PHOTOGRAPHER. Photographer shall be the sole professional photographer at the event. Client acknowledges that the presence of Other Photographers will adversely impact the ability of the Photographer to create the Work and as a result the Work may fail to meet the standards represented by the Studio in its portfolio and samples.
7. COPYRIGHTS. The Work created by Photographer during the Assignment constitutes the copyrighted work of Photographer and the Studio. The Work at all times shall remain the property of Photographer and the Studio. Any portion of the Work delivered to Client is for Client’s personal use only. Client may not sell or reproduce, nor authorize the sale or reproduction of, any portion of the Work without the Studio’s written consent.
8. MODEL RELEASE. Client shall permit the Studio to use images of Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents. Client’s guests at the wedding shall be deemed to have consented to the use of their name, image, or likeness by Client, Studio and Photographer for the duration of the Assignment, and Client shall defend and indemnify the Studio and Photographer from and against any claims that any of Client’s guests may assert against the Studio or Photographer arising from, or related to, the use of any name, image, or likeness of Client’s guest[s] by the Studio and Photographer Client during the Assignment.
9. ILLNESS & INJURY. In the unlikely event that Photographer is unable to perform the Assignment due to illness, injury, acts of God, or other unforeseen circumstance beyond Photographer’s control, then the Studio shall refer Client to another professional photographer to perform the Assignment. The Studio will work in good faith to find the best replacement photographer possible for the Assignment. The Studio shall not be responsible for the services provided by any such replacement photographer, and the Studio shall not be liable for any damage or injury sustained by Client, if any such replacement photographer retained by Client, fails in whole or in part, to perform the Assignment. Alternatively, The Client may choose to receive a refund.