2010 PHOTOGRAPHY TERMS
Westway Studio requires a signed contract for every event we do. If you have any questions about our policies, please feel free to contact us.
Event Photography Agreement
Description of Services
Payments & Pricing
Event Day Provisions and Limitations
Overtime
Turnaround Time
Album Proofing
Print/Album Cancellation
Model Release
Copyrights
Exclusivity
Limit of Liability
Right of Withdrawal
Inherent Qualities
Sales Tax
Entire Agreement
Indemnification
In Conclusion
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EVENT PHOTOGRAPHY AGREEMENT
This document constitutes an agreement between Terran Bayer, owner of Westway Studio, operating in the state of California, (“Photographer”) and the above named Client (“Clients”), excluding any and all third party interests. Back to top
DESCRIPTION OF SERVICES
The parties agree that Westway Studio will provide photographic services for the event detailed above. Photographic coverage will include the services of the photographer and an assistant, to begin at an agreed time prior to the start of the event. The images will be color and black & white. The Photographer will provide to the Clients an online web gallery of all photographs in JPEG format at screen display resolution. This service is for viewing and print ordering purposes only. Additional items will be included based on the package chosen. Back to top
PAYMENTS & PRICING
A retainer of one-half of the chosen package price or $500 (whichever is greater) is required to reserve your event date and time. The balance of the coverage is due two (2) weeks before the event. Any overtime is due within two (2) weeks after the event. No printed part of any order will be released until payment is received in full. Upon receipt of the retainer and signature of this Agreement, the Photographer will reserve the date agreed upon and will not make reservations with another Client for the same date. For this reason, in the event of a postponement or cancellation of the event, the retainer paid is NON-REFUNDABLE, although every effort will be made to accommodate a new date, if possible. If the event date is moved to another available day agreed upon by both parties, then the retainer will remain in force, as well as the Agreement. The value of said goods and services are non-transferable for any reason unless so stated in this agreement. Pricing is defined by the Photographer’s price list in effect at the date of this agreement. Items purchased as part of a package are non-refundable and must be ordered within a period of six months following the date of the event. Substitutions of items purchased as part of a package for items of equal or lesser value may be made at the discretion of the Photographer. Prices quoted for professional services, photographs and albums are guaranteed for a period of six months following the date of the event. Orders placed after six months following the event are billed at the rates in effect on the most recently published price lists. All sales are final. Westway Studio is not responsible for payments claimed to be lost in the mail, sent to the wrong address, or otherwise not received. A late fee of $25 or 1% total invoice amount (whichever is greater) will be applied on the first day of each week past 14 days from invoice date. Client will be charged for any fees due to bounced checks and will be responsible for late fees over the time that the check was in the banking system. After 60 days of non-payment, the invoice will be forwarded to a collections agency, which will report the debt to creditors. Back to top
EVENT DAY PROVISIONS & LIMITATIONS
The photography schedule is designed to accomplish the goals and intent of the Clients and Photographer in a manner enjoyed by all parties. Because the occasion is an uncontrolled event, the Photographer cannot guarantee delivery of any specifically requested image(s). The photographer for the event will be Terran Bayer. It is understood that this photographer and her employees are the exclusive official photographer and that others taking photographs will be permitted only at the photographer’s discretion. Because of factors out of our control; bad weather, poor backgrounds, delays, specific venue rules and restrictions, other people’s flash or interference, we cannot be responsible for missed photographs that are normally part of the contracted coverage. If there are any changes in the schedule or location, please notify us immediately. Once the contracted time has been established, there may be no changes in those times without consulting the photographer’s time schedule. It is suggested that you call us one week before your event to confirm all arrangements. Back to top
OVERTIME
The overtime rate for additional photography time at the event is $160 per hour. No overtime charges will be incurred without the prior verbal or written authorization of the Clients. Any time requested will be billed for payment on the first business day after the event date and is due within two (2) weeks. Back to top
TURNAROUND TIME
Photos will be posted to a password-protected website within ten (10) business days (M-F) of your event. Requested photo enhancements or edits to designed albums are made within 3 business days. Printing has a minimum ten (10) business-day turnaround time. If the client needs a project turned around faster, rush charges may apply. Back to top
ALBUM PROOFING
Westway Studio puts a lot of time and effort into making sure you receive a clean proof, but sometimes errors go undetected. Read your proof carefully and respond with any corrections. Review all names, dates, and other important information. Westway Studio is not responsible for errors found after the artwork has been approved—accuracy of the information is the client’s responsibility. Refunds or discounts will not be given due to errors found on client-approved artwork. Due to differences in monitor and printer calibration, the color of the printed piece may vary from what is seen on screen or what prints on a printer. Back to top
PRINT/ALBUM CANCELLATION
All orders are subject to cancellation fees: 100% design fee if any design work has been done; 100% of the invoice amount if the job has been approved and sent to print. Any jobs placed on hold for over 30 days will be considered cancelled and cancellation fees will apply. If you choose to reopen the order within 30 days from the invoice date showing cancellation, the applicable fees will be credited to the completion of your reopened projects. Prices on prints and albums may change on reopened projects. Back to top
MODEL RELEASE
The photographer requests the Client’s permission to use the digital images and reproductions for the Photographer’s web site, displays, samples, self-promotional advertising and print competitions. By signing this contract, the photographer has your consent to this model release. Back to top
COPYRIGHTS
The photographs created by Westway Studio are protected by Federal Copyright Law and may not be reproduced or shared in any manner without the photographer’s explicitly written permission. Clients who purchase a high-resolution disc will have a limited license to make and use copies of the images for their own personal use, on electronic mail and web pages. The Clients will not make copies for sale or for the purpose of circumventing sale of the images by the Photographer, nor will the Client authorize any reproduction of the images for commercial use. The negatives, digital files and previews remain the exclusive property of this photographer unless otherwise stated or negotiated. If the high-resolution files are purchased or included as part of any package, it is understood that the Photographer will retain copyright for all images created and will have the right to make reproductions for the Photographer’s portfolio, samples, self-promotion, professional competition and review and the Photographer’s web site. Back to top
EXCLUSIVITY
Westway Studio shall be the exclusive photographer retained by the Client for the purpose of photographing the event. Family and friends of the Client are welcome to photograph the event as long as they do not interfere with Westway Studio’s duties or become a factor in the timing and/or schedule of the day during formal photography periods. Back to top
LIMIT OF LIABILITY
Westway Studio may substitute another photographer to take the photographs in the event of Photographer’s extreme illness, death in the family, or Act of God. In the event of such substitution, Westway Studio warrants that the Photographer taking the photographs shall be a competent professional and fulfill the obligations of the Photographer herein contracted. In such case that the Client declines the substitute photographer, the Client may instead terminate this agreement and receive a full refund of all moneys paid. In such case, Westway Studio will have no further liability with respect to the agreement. In the event that a substitute photographer was used and the resulting work was not up to an approved professional level, as judged by Westway Studio, a full refund would be granted, not including the non-refundable retainer fee. Back to top
The photographer takes utmost care with respect to the exposure, safeguarding and delivery of digital files and photographs. However, the possibility of damage or loss is conceivable. In the event that all the photographs and/or digital files have been lost, stolen or destroyed for reasons within or beyond the control of Westway Studio, including non-performance, the photographer’s entire liability to the Clients for any arising claim is limited to the return of all payments received for the event coverage. The limit of liability for partial loss of the originals shall be a prorated amount based on the package selected and the percentage of originals lost. Due to the subjective nature of photography and event coverage, no specific images are guaranteed. Compensation is limited to and will not exceed the total package price. Back to top
RIGHT OF WITHDRAWAL
Westway Studio’s discovery of new information, changes, or other factors tending to circumvent its policies could result in its withdrawal. Non-cooperation; changes of locations without notice, facilities or times available; multiple missed appointments; bad or returned checks, or late payments are examples of contributing factors. Should Westway Studio initiate the withdrawal, all fees and payments will be returned, excepting fair market value for all services/products already provided. In case of withdrawal, $160 per hour is billed for all photography services already provided, and $75 per hour is billed on all other services, consultations, and all driving time, rounded up to the nearest half-hour. If the studio withdraws, the client will not be billed for any services in excess of their retainer (except if the retained was in the form of returned checks). Back to top
INHERENT QUALITIES
The Photographer uses only the highest quality materials and equipment for all Client work, currently using the most archival materials available. While the stability of photographic materials has improved greatly in recent years, the Client is aware that over a long period of time, photographic materials may fade or discolor due to the inherent nature of dyes and emulsions. This process may be accelerated or even slowed depending on storage conditions, exposure to sunlight, extreme heat and temperature or moisture. Client releases the Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Back to top
SALES TAX
All tangible personal property is subject to California State sales tax if it is used within California, the client lives in California, or the client’s company has an office in California. Sales tax may apply to travel charges and shipping. Back to top
ENTIRE AGREEMENT
This agreement incorporates the entire understanding of the Parties, and the Parties agree to all its terms and acknowledge receipt of a completed copy of the Agreement. All terms of this agreement have been reviewed and are agreed upon. Any details not included in writing in this agreement are not binding upon either party. Should the details of this agreement be contested and result in arbitration or litigation, the prevailing party is entitled to recovery of all reasonable legal expenses. If the Parties want to waive one provision of this agreement it does not negate any other provision. The Party against whom a waiver is sought to be effective must have a signed waiver in writing. Any changes to the original agreed photography start time, event start time, or location of the event will make this agreement null and void unless Westway Studio can accommodate the changes or reserve the services of another photographer. Each person signing as Purchaser(s) below will be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement. The laws of the state of California will govern this agreement and the courts of San Diego County will have jurisdiction. Back to top
INDEMNIFICATION
Client agrees to indemnify, defend and hold harmless Westway Studio, our affiliates, agents, employees, partners, and suppliers from any liability, loss, claim, demand, and expense (including reasonable attorneys’ fees) related to any artwork supplied or approved by the client. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the client, in which the client will cooperate with Westway Studio to the fullest possible extent. Back to top
IN CONCLUSION
I value long-term business and appreciate your comments, referrals and suggestions. I appreciate you using my services and entrusting me with creating the images you’ll remember of your event. If you have any questions or concerns, please call me immediately. No matter how serious a problem, I’d like to discuss and settle it directly with you. Thank you! Back to top |
