TERMS AND CONDITIONS
ENTIRE AGREEMENT:
This agreement contains the entire understanding between the COMPANY (EverAfter Events Photography LLC) and CLIENT. It supersedes all prior and simultaneous agreements between the parties. The terms are subject to updates, and by proceeding, the CLIENT agrees to accept any future modifications. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder shall remain valid and enforceable. Any agreement to waive one or more provisions or any failure to enforce a provision shall not constitute a waiver of any other portion.
By downloading any files, the CLIENT acknowledges that they have read, understood, and agreed to all terms and conditions outlined herein. The CLIENT further agrees that downloading any photos constitutes a legally binding acceptance of these terms, including waiving any rights to dispute or pursue legal action regarding any missing or undelivered files. The CLIENT acknowledges that the COMPANY strives to maintain a positive reputation and, as such, agrees to direct any concerns or dissatisfaction privately to the COMPANY for resolution. By proceeding with viewing or downloading any files, the CLIENT agrees to refrain from making any public statements, reviews, or comments that may negatively impact the COMPANY’s reputation. If the CLIENT does not agree, they must not proceed with viewing or downloading any files.
SAFETY:
The COMPANY reserves the right to terminate communication if the photographer experiences inappropriate, threatening, hostile, or offensive behavior from the CLIENT or any related parties.
SHOOTING TIME / ADDITIONS:
The CLIENT and the COMPANY agree that cooperation and punctuality are essential. Shooting begins and ends at the scheduled times. If the CLIENT is late, shooting will still conclude at the scheduled end time. Additional time beyond the scheduled period will be billed to the CLIENT.
RESPONSIBILITIES:
The COMPANY is not responsible for compromised coverage due to causes beyond its control, including but not limited to obtrusive guests, CLIENT or guest tardiness, weather, schedule complications, incorrect addresses, venue restrictions, or unforeseen circumstances. The COMPANY is not responsible for lighting conditions or missed coverage of any part of the SHOOT. The COMPANY is not obligated to deliver images/videos of specific individuals or objects. The CLIENT agrees that the COMPANY's obligation is limited to delivering the final selected files at the COMPANY's sole discretion, and no legal claims may be made for any missing, unedited, or undelivered files.
FILM AND COPYRIGHTS:
All photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without explicit written permission from the COMPANY. The CLIENT is granted written permission to publish the photographs as specified by the COMPANY.
MODEL RELEASE:
The CLIENT grants the COMPANY the irrevocable right to use and publish photographs for editorial, trade, advertising, educational, and other purposes. The COMPANY retains the right to alter images as needed. The CLIENT waives any claim to profits from the use of images.
LIMIT OF LIABILITY:
If the assigned photographer is unable to perform due to injury, illness, an act of God, terrorism, or other cause beyond the COMPANY’s control, every effort will be made to secure a replacement. If no replacement is found, liability is limited to the return of payments received.
The COMPANY is not liable for any missing or lost images, videos, or other deliverables. The CLIENT acknowledges that the COMPANY has complete discretion over which files are delivered and waives any right to legal claims regarding missing, unedited, or undelivered files.
TERMS AND CONDITIONS:
The CLIENT acknowledges that the COMPANY has fulfilled its obligations under this agreement. By downloading any photos, the CLIENT fully accepts the delivered files as final and irrevocably waives any right to dispute, claim, or take legal action against the COMPANY regarding the delivered work, including but not limited to missing, lost, or undelivered files.
NON-LITIGATION & LEGAL FEES:
The CLIENT agrees that under no circumstances shall they file any lawsuit, claim, or legal action against the COMPANY (EverAfter Events Photography LLC). The CLIENT waives the right to seek damages, refunds, or claims related to the services provided. If the CLIENT breaches this clause and initiates legal proceedings, they agree to cover all legal fees, attorney fees, court costs, and any other expenses incurred by the COMPANY.
CAPTURE AND DELIVERY:
The COMPANY is not liable to deliver every image taken at the event. Image selection for final delivery is at the COMPANY’s sole discretion. The CLIENT agrees that the COMPANY’s selection of delivered images is final, and no claims may be made for missing, unselected, or unedited images.
POST PRODUCTION AND EDITING:
Editing styles, effects, and overall look of images are left to the discretion of the COMPANY. The CLIENT acknowledges that no additional edits or file requests will be entertained after final delivery.
PAYMENT SCHEDULE:
A 50% non-refundable retainer fee is due at the time of signing the agreement. The remaining balance must be paid before or on the day of the SHOOT. Failure to remit payment as specified will result in termination of this agreement with no further obligations. Returned checks will incur additional fees. No refunds will be issued after final delivery.
PRICING:
Services or merchandise not included in this contract will be billed at the current rate at the time of order. Prices are subject to change without notice. Credit vouchers have no cash value and may only be applied toward purchases from the COMPANY.
ACKNOWLEDGEMENT:
BY DOWNLOADING A SINGLE MEDIA WE, THE UNDERSIGNED, WARRANT THAT WE ARE COMPETENT TO CONTRACT IN OUR OWN NAMES. WE CONFIRM AND FULLY AGREE TO THE CONTENTS OF THIS AGREEMENT AND AGREED TO PAY THE FULL SPECIFIED AMOUNT.