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Hey everyone, got a question about our photographer and a contract they are wanting us to sign. Wanted to get some input if this is standard language or not, I've copied the contract language below, our main hang up is them wanting to limit the editing of the photos and that we would be models and they can use our photos for whatever they want. Does anyone have experience with this sort of thing. Thanks! CLAUSES Entire Agreement This is the entire agreement between Photographer and Client and supersedes all previous agreements. It cannot be altered without written consent of both Photographer and Client. Cancellations If the wedding is cancelled by the client, the non refundable retainer payment will not be returned, it being the agreed loss suffered by the photographer due to cancellation. In the unlikely event the photographer determines that she is unable to complete the coverage due to unforeseen circumstances, all money (including the retainer fee) will be returned to the client. Retention of Delivered Files The digital files will be delivered to the client within 4 weeks of the event. The photos will be available for download for up to one year. If a USB copy of the photos is requested, it will be an additional $25 fee. Social Media This clause applies to all social media, including Facebook, Instagram, and blogs. The client agrees that they will under no circumstances alter the photographer’s photographs that are placed in public on the internet. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be altered in color, or filtered in any way. Client Rights Regarding the images delivered, as digital files or otherwise, Client’s rights are limited to personal use. Photographs may not be sold or used in advertising unless otherwise specified by the Photographer. The photographs will include a print release and may be printed, and or displayed online, for personal use. Commercial uses must be expressly approved in written form by the photographer and include citation. Indemnification Client hereby agrees to indemnify, release, discharge and hold harmless the Photographer, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority of the Photographer from and against any liability or claims arising as a result of any work done related to this agreement. This includes, but is not limited to claims related to the use of the likenesses of anyone captured in the images or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the photographs. Interference/Obstruction Alisha Hunsaker Photography shall be the exclusive professional photographer for client’s wedding. No clients, weddings guests and attendants or employees of the client may impede the photographer when she is shooting or performing her duties; failure to comply with this may result in missed moments or fewer delivered images. The responsibility of this will fall on the client to ensure all are in compliance. Rescheduling If, for any reason, the Client reschedules the wedding, the reservation fee may be applied to the new date. Credit may be applied to wedding coverage within one year of original date provided Photographer is available. Permissions All permits and permissions required for the Photographer to photograph the event, whether for location, personal release or any other cause, are the responsibility of the Client to obtain. Description of Services This agreement constitutes an order for wedding photography services, and any additional services outlined above in Package. It is agreed to by both parties, Photographer and Client, as described above. Client agrees to pay Total Amount by the Final Payment Due By date as defined above. Satisfaction & Accuracy The client agrees that the work delivered will be of a similar style and caliber to those photographs on website and social media sites, and that the photographer will have complete creative control during the photographs and in post processing. The images will be delivered in JPEG format with a mix of color and black and white images, and deemed appropriate by the photographer. No re-editing will be done after the final edited copies are presented to the client. Transfer This agreement cannot be transferred or assigned to any third party by either the Photographer or Client without written consent of both Parties. Limitation of Liability Although all care will be taken with these photography services and the digital photographs taken, the Photographer limits any liability for loss, injury, death, inability to perform the photography services for any reason, failure to deliver images for any reason or any other types of damages to the return of all payments already paid to the Photographer up to Total Amount defined above. Execution Digitally signing this agreement has the same effect as manually signing a paper original. Photographer Rights It is understood that any and all images, whether proofs, digital files, final prints or sample prints, and all rights to them remain the property of the Photographer. The photographer retains the right to use the photographs for the purposes of advertising or otherwise promoting her work. The client agrees that they are signing a model release to allow the use of their photographs (of themselves) for the photographer’s business purposes. Image / Shot Requests Due to the unpredictable and uncontrollable nature of weddings, the Photographer can make NO guarantees regarding the delivery of any specific photograph, although the Photographer will make every reasonable effort to meet the desires of the Client. To that end, if specific shots are requested, the Client must provide the Photographer with a written list of people, groupings, or shots that they feel are most important to them. It is the sole responsibility of the Client to point out VIP guests and request pictures of them on the day of the wedding. The Photographer shall not be held liable or responsible for any persons present at the wedding or reception that were not photographed. Cancellations If for any reason Client cancels this contract prior to or on the wedding date, Photographer shall keep the retainer and any monies paid on the date of cancellation - it being the agreed loss suffered by the photographer due to cancellation. All cancellations must be made in writing and signed by all contracted parties. Safe Working Environment Client agrees to undertake the best efforts to ensure that guests and attendees at the wedding treat Photographer and Photographer’s staff with respect and dignity and that Photographer is provided with a safe working environment. Photographer retains the right to cancel the remainder of any photography session in the event guests and/or attendees of the wedding commit any instances of sexual harassment, violence, threats or other similar behavior that would lead a reasonable person to feel unsafe in such environment. In the event of such cancellation client shall not be entitled to any refund. Reservation & Reservation Fee The Amount Due at Signing, as defined above, is a Reservation Fee. Upon receipt the Photographer will reserve the time agreed upon for the Event Date and will not make another reservation for the agreed upon time. For this reason, the Reservation Fee is non-refundable.
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Sep 20, 2021 22:57
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| # ¿ May 13, 2024 01:10 |
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