This agreement is entered into between Bilimama Photography, (the "Photographer") and the undersigned client or clients, Milly Patrick & Tony Ressler (the “Client”) (Photographer and Client collectively the “Parties).
The Event Session fee is $1,250 for the time discussed - 1:30PM-9:30PM. Additional hours of shooting time is available at $200/hr. This includes selected images edited in color and some in black & white. A non-refundable deposit of $500 is required before guaranteeing the date as booked. The rest of the fee must be paid at the date of the event.
Photographs to be Provided.
Photographer will provide edited photographs (the “Photographs”) in an online gallery. The Photographs will be provided to the Client as soon as is reasonably possible. In most cases, the Photographs will be provided in about one month.
Use of Photographs by Photographer.
Permission is hereby granted to the Photographer to use the Photographs for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
Retouching and additional editing.
The Photographer edits all photographs by ensuring that they represent each and every person featured as realistic as they looked at the time of the event. Slight retouching is included in the package if and when the photographer sees a need for it to enhance the effect of the photographs (this includes removing a temporary spot/cut/bruise off a face in portraits). If the Client requests further retouching (correction of makeup due to poor makeup applications, removal of many wrinkles, extensive removal of marks and freckles off face and body, etc.) or other extensive retouching in general, there will be a fee imposed per image.
Copyright and Permission.
Photographer retains all copyrights to the Photographs. Photographs cannot be edited, cropped, or altered by the Client. The Photographer recommends that the Client prints via the high-quality print lab provided by the gallery, or other quality labs that the Client prefers. Printing at low-resolution labs, such as Target, CVS, etc, is highly discouraged.
Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards and those that best represent The Client.
Integration, Severability and Choice of Law.
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 the Parties. If the Parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This agreement shall be construed under the laws of the Commonwealth of New Jersey.
Photographer shall not be responsible for clients not cooperating, resulting in missed image opportunities. The Client is responsible for ensuring that the images in mind have been communicated to the Photographer clearly. In the event of an illness, reschedule should be made as soon as possible. The Photographer reserves the right to reschedule in the event of illness, inclement weather, emergency, etc. Deposit will be forfeited if reschedules are not made within 6 months.
Waiver and Limitation of Liability.
NEITHER OF US SHALL BE LIABLE TO THE OTHER 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 AD- VISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SHALL APPLY TO MATTERS RAISED BOTH IN CONTRACT AND TORT. IN ANY EVENT, THE LIMIT OF THE PHOTOGRAPHER’S LIABILITY (AND THE LIABILITY OF ITS EMPLOYEES, PRINCIPALS, REPRESENTATIVES AND AGENTS) SHALL BE EQUAL TO THE AMOUNT PAYABLE BY CLIENT TO THE PHOTOGRAPHER UNDER THIS AGREEMENT.
By endorsing below, the Client agrees to the above terms and conditions, and acknowledge that they have received, read, and understand this agreement.