1. Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event. Guest at the event shall be permitted to photograph the event as long as they shall not interfere with the Photographer's duties and do not photograph poses arranged by the Photographer.
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2. Deposit and Payment. The Client shall pay a deposit of three-hundred dollars ($300) to retain the Photographer to perform the services specified herein. Until the retainer is paid to the Photographer, no dates will be held. The Client shall be required to submit payment for any remaining balance no later than one (1) week prior to the Event. If the Client has not remitted the full balance prior to the day of the Event, the Photographer is under no obligation to attend and/or shoot the event. If the Client refuses delivery of the order, or fails to pay the remaining balance thirty (30) days post the event date, Client shall be considered in default hereunder, at which time an additional fifteen dollars ($15) dollars will be assessed to the remaining balance every thirty (30) calender days until payment is remitted. If any prints or products requiring engagement of a 3rd party vendor are ordered by the Client, they will not be delivered to the Client until any remaining balance is paid and any remitted checks have cleared. If the Client pays by check and the check bounces, a bounced check fee of $25.00 shall be charged to the Client. If online viewing is part of agreed upon package, the photos will not be made available in an online gallery format until any remaining balance is paid and any remitted checks have cleared.
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3. Cancellation. If the Client shall cancel this Agreement thirty (30) or more calendar days before the event date, any deposit paid to the Photographer shall be refunded in full. If Client shall cancel within thirty (30) days of the event date, the Photographer shall retain the $300.00 deposit.
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4. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make proofs (digital/hard copy) and previews available to the Client for the purpose of selecting photographs, but such proofs (digital/hard copy) and previews shall be on loan and, if they are not returned within fourteen (14) days of receipt by the Client, shall be charged to the Client at the same rate as finished prints of the same size. The Photographer may, with the Client's permission, make the proofs available on a web site or CD/DVD. Proofs available on a website will be available for viewing by the client for ninety (90) days.
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5. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions unless the Client chooses to purchase the CD/DVD including all digital negatives (edited/unedited), in which case, the Client shall own the copyright in all images on the purchased disc and shall have the right to make reproductions of the photos contained on that disc. Reproductions of the purchased disc are prohibited. If the Client wishes to order multiple discs, any disc ordered in addition to the original disc shall be priced at the reduced additional disc fee as specified by The Photographer. The Photographer shall only make reproductions for the Client or for the Photographer's portfolio, samples, self-promotions, advertisements, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer's studio.
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6. Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer unless the client has purchased the digital negatives (edited/unedited) on CD/DVD. If Client is obtaining a print for newspaper announcement of the event, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall request that the newspaper run a credit for the Photographer adjacent to the photograph including both the name of the photography company and the name of the Photographer, but shall have no liability if the newspaper refuses or omits to do so.
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7. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer's illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the balance that the Photographer has collected. If delivered media is mutually determined to be unsatisfactory, any payment already accepted by the Photographer shall be refunded, minus the cost of any goods already ordered.
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8. Photographer. The Photographer may substitute another photographer to take the photographs in the event of Photographer's illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
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9. Travel. Photographer will travel within the Peoria, Surprise, and Phoenix city limits at no extra charge. In the event that the photo location requires the Photographer to travel beyond these limits, a travel fee of $0.55/mile (as currently set by the Internal Revenue Service) beyond these limits may be added to the contract as an extra charge. Any additional unexpected mileage that is incurred will be billed to the Client following the event.
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10. Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
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11. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer's Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. Print credits included in packages may only be used toward the purchase of standard prints, metallic prints, signature boards, and gallery wraps. Print credits included in packages may not be used toward coffee table albums. Any print credits included in packages will expire 45 days after the photos go online.
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12. Client’s Originals. If the Client is providing original prints, negatives, or transparencies owned by the Client to the Photographer for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for an amount in excess of $10.00 per item.
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13. Arbitration. All disputes arising under Agreement shall be submitted to binding arbitration before thirty (30) has elapsed after the delivery of goods in the general Phoenix vicinity and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $1000.00.
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14. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. If the Client breeches any part of the above Agreement, the Client will be responsible for any collection costs, such as attorney's fees and court costs. This Agreement shall be governed by the laws of the State of Arizona.
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