BILIMAMA PHOTOGRAPHY EVENT AGREEMENT
This Agreement is made effective for all purposes in all respects as of _6/12/19_ by Inna Rudneva (and Dan) and between Bilimama Photography, hereinafter referred to as “the PHOTOGRAPHER" and the undersigned CLIENT or CLIENTs, hereinafter referred to as “the CLIENT" relating to the event(s) detailed below, hereinafter referred to as "The EVENT(S).
EVENT NAME: Inna and Dan Wedding
EVENT DATE AND TIME: June 17th 2019
EVENT LOCATION(S): Avenue, Long Branch NJ
PHOTOGRAPHS. The PHOTOGRAPHER will deliver edited digital Photographs (the “Photographs”) deemed by the PHOTOGRAPHER to be professional in quality and within the PHOTOGRAPHER’S artistic standards by posting to an Online Gallery that the CLIENT will access to view and print the Photographs. At the discretion of the PHOTOGRAPHER, some Photographs will be color and some black & white. The Photographs will be provided to the CLIENT as soon as is reasonably possible, and in most cases, in about six to eight weeks. The Online Gallery will be posted for 4 months and printing of the Photographs should be performed within the 4 months of posting as there will be an Online Gallery restoration or continuance fee payable by the CLIENT after the 4 month posting period if PHOTOGRAPHER agrees to restore or continue the Online Gallery. PHOTOGRAPHER will retain the original digital files of the Photographs through the 4 month posting period, and, at the sole discretion of the PHOTOGRAPHER, for a maximum period of 1 year following the EVENT date. Printing of the Photographs is at the CLIENT’s expense, and the PHOTOGRAPHER recommends that the CLIENT print the Photographs via a high-quality print lab prior to the expiration of the 4 month posting period. Printing at low-resolution labs is not recommended as this will degrade the intended and original quality of the Photographs.
EVENT SESSION FEE: The Event Session fee is $450 for the first hour and $200 for each additional hour or part thereof. CLIENT’s requested duration of the event is _2_ hours. The duration of photography time can be adjusted upon the CLIENT’S request and with the approval of the PHOTOGRAPHER within the minimum/maximum requirements. The minimum session time is two hours, and the maximum session time is eight hours. In no event will the PHOTOGRAPHER be paid less than the full hourly fee for hours worked. A non-refundable retainer fee deposit of $350 is required before guaranteeing the date as booked. The balance of the fee is payable on the date of the event prior to the photography session.
RESERVATION: A signed contract and retainer fee due upon signing are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be forfeited as liquidated damages due the PHOTOGRAPHER. The CLIENT shall also be responsible for payment for any of the PHOTOGRAPHER's materials charges and out of pocket expenses, if any, incurred up to time of cancellation.
EVENT SCHEDULE CONFIRMATION: The CLIENT agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner by the CLIENT, and agreed to by PHOTOGRAPHER, and confirmation of receipt of change must be obtained from the PHOTOGRAPHER by the CLIENT.
SAFETY: The PHOTOGRAPHER reserves to right to terminate coverage and leave the location of the EVENT(S) if the PHOTOGRAPHER from the PHOTOGRAPHER experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the PHOTOGRAPHER from the PHOTOGRAPHER is in question.
SHOOTING TIME / ADDITIONS : The CLIENT and the PHOTOGRAPHER agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT. Unless otherwise agreed, the CLIENT is responsible for arranging travel and
schedule for the PHOTOGRAPHER after the PHOTOGRAPHER arrives at the initial location if there are multiple shooting locations.
EXPENSES INCURRED : When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the PHOTOGRAPHER studio address. For all EVENT(S), the first __ miles roundtrip of travel are included. All miles in excess of ____ miles roundtrip are charged at $__.____ per mile.
RESPONSIBILITIES: The PHOTOGRAPHER is not responsible for compromised shooting coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive or other behavior of the CLIENT or guests , lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, rendering of decorations, or restrictions of the locations. The PHOTOGRAPHER is not responsible for backgrounds, decorations or lighting conditions which may negatively impact or restrict the photo coverage. The PHOTOGRAPHER is not responsible for missed coverage of any part of the EVENT(S) or for failure to deliver Photographs of any individuals or objects at the EVENT(S). Where there are multiple locations, once the PHOTOGRAPHER arrives at the initial location, the CLIENT is responsible for ensuring the PHOTOGRAPHER is moved from location to location in a timely fashion.
VENUE AND LOCATION LIMITATIONS: The PHOTOGRAPHER 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 PHOTOGRAPHER. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the PHOTOGRAPHER will only offer technical recommendations to the CLIENT.
PERMITS AND PERMISSIONS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the PHOTOGRAPHER will be performing services.
COPYRIGHTS: The PHOTOGRAPHER retains all copyright ownership relative to the Photographs. The Photographs produced by the PHOTOGRAPHER are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the PHOTOGRAPHER's explicitly written permission. Upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. The PHOTOGRAPHER grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the PHOTOGRAPHER. The CLIENT must obtain written permission from the PHOTOGRAPHER prior to publishing or selling the Photographs. The CLIENT may not alter, crop or edit the Photographs.
MODEL RELEASE AND USE OF PHOTOGRAPHS BY PHOTOGRAPHER: The CLIENT hereby assigns the PHOTOGRAPHER the irrevocable and unrestricted right to use and publish the 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 the PHOTOGRAPHER’S use of images or the PHOTOGRAPHS.
CREATIVE LICENSE - CAPTURE AND DELIVERY: The PHOTOGRAPHER will use her creative discretion to take images of the EVENT that are within the PHOTOGRAPHER’S artistic standards. The PHOTOGRAPHER is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT as the Photographs is left to the creative discretion of the PHOTOGRAPHER who will release only images deemed by the PHOTOGRAPHER to be professional in quality and within the PHOTOGRAPHER’S artistic standards.
CREATIVE LICENSE - POST PRODUCTION EDITING AND RETOUCHING: The final post production and editing styles, effects, and overall look of the images are left to the creative discretion of the PHOTOGRAPHER who will only edit images in a fashion deemed by the PHOTOGRAPHER to be professional in quality and within the PHOTOGRAPHER’S artistic standards. Any retouching beyond that provided in the creative discretion of the PHOTOGRAPHER shall be at the additional expense of the CLIENT, and the PHOTOGRAPHER will only retouch images in a fashion deemed by the PHOTOGRAPHER to be professional in quality and within the PHOTOGRAPHER’S artistic standards.
PAYMENT SCHEDULE: The aforementioned ____% non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full prior to or the day of the EVENT(S). Payment may be made by cash, check or Venmo. In the event the CLIENT fails to remit payment as specified, the PHOTOGRAPHER shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S).
LIMITATION OF LIABILITY AND WAIVER: In the unlikely event that the assigned PHOTOGRAPHER from the PHOTOGRAPHER 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 PHOTOGRAPHER, the PHOTOGRAPHER will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is 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 prior to delivery to the CLIENT’S Gallery or after posting to the CLIENT’S Gallery for reasons beyond the PHOTOGRAPHER's control, including but not limited to camera, hard drive, equipment malfunction, or the unlawful actions of a third party, and the digital files cannot be recovered from any source, the PHOTOGRAPHER’S 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 PHOTOGRAPHER is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year. The Online Gallery is subject to the conditions of the internet as they exist during the posting period and the PHOTOGRAPHER makes no representation as to the security or availability of the Online Gallery once posted. The PHOTOGRAPHER is not liable for breaches of the Online Gallery security or unavailability of the Gallery due partially or wholly to the unlawful acts or negligent or intentional acts of third parties. THE PHOTOGRAPHER OR THE CLIENT SHALL BE NOT LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FROM LOST PROFITS, LOST USE, DAMAGE TO GOODWILL OR ANY OTHER THEORY EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SHALL APPLY TO ALL MATTERS, INCLUDING MATTERS OF EQUITY, CONTRACT AND TORT. IN NO EVENT SHALL THE LIMIT OF THE PHOTOGRAPHER’S LIABILITY (AND THE LIABILITY OF ITS EMPLOYEES, PRINCIPALS, REPRESENTATIVES AND AGENTS) EXCEED THE AMOUNT PAYABLE BY CLIENT TO THE PHOTOGRAPHER UNDER THIS AGREEMENT.
ENTIRE AGREEMENT: This agreement contains the entire understanding between the PHOTOGRAPHER and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable, and any invalid or unenforceable part shall be interpreted under applicable law and business custom and considerations of fairness to the parties and applied to the parties as such. 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. This agreement shall be construed under the laws of the State of New Jersey.
I have read and understood the terms above and understand that this is a binding legal contract. I hereby agree to the terms of this agreement.