This agreement is between client named above, hereinafter referred to as the Client, and Amber Sar of 5West Photography, hereinafter referred to as the Photographer(s).
Entire Agreement: This agreement contains the entire understanding between the Client and the Photographer.
Confirmation: A signed “Contract for Event Photography Services” and payment of the booking are necessary to confirm the stated event services from the Photographer.
Booking Fee: A non-refundable booking fee of $50 is required to hold your session date & time. A session is not considered booked until both the contract have been signed and the booking fee is paid in full.
Cooperation: The Clients and the Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. The Photographer cannot be held responsible for a lack of photos due to uncooperative clients or their children.
Copyright Law: The copyright of photographs remains with the Photographer. The images taken by the Photographer are for personal use by the Clients and their associates and/or friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographer.
Social Media: It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that all photos are credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images Photographer has uploaded to Facebook or their website, or from the low-resolution images offered for free to clients who have purchased prints/high resolution digital images. The Client or any guest can purchase photographs that do not have a watermark. You are permitted to click the “share” button on any photos posted to 5West Photography’s Facebook (http://www.facebook.com/5Westphoto) page. Sharing can NOT be done via screenshots of photos on Facebook or the Proofing gallery.
Model Release: The Client grant the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction, and to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.
Limit of Liability: If Photographer is too ill or becomes injured and cannot supply the services specified above the Photographer will try to book a replacement photographer. If a replacement photographer cannot be found then liability is limited to a refund of any payments received. The Photographer has working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond Photographer's control. In these circumstances, liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.
Booking Fee/Deposit: In the event of the Clients canceling the Event for whatever reason the booking fee is non-refundable.
Payments, Correspondence: The preferred method of payment is via PayPal, Venmo or Cash. Payment is due at or before the event date and no pictures will be edited until payment has been received in full. Full Payment is expected upon arrival to perform the job. The event representative(s) are responsible for payment when Photographer arrives and checks in with them.
Other Services: This contract is for the photography services and electronic delivery of the Licensed Digital Images only. Additional services, such as providing high-resolution Digital Images on physical media, touch-ups, or editing are available as a separate order.
Force Majeure: No Party shall be liable in damages or have the right to terminate this Agreement for any delay or fault in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God (such as hurricanes, earthquakes, flooding), fire, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, terrorist acts, insurrections and/or any other cause beyond the reasonable control of the Party whose performance is affected. Should Clients’ Event be cancelled, postponed or otherwise adversely impacted as a result of a force majeure event, there shall be no refunds for payments already received by the photographer, but the photographer will use all reasonable efforts to work with Clients to produce the Event at a later date if necessary, subject to photographer's availability.
We have understood the contents of this contract and agree to the terms therein.