TERMS AND CONDITIONS
Any trade work agreed to by the photographer and another vendor is still subject to these 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 subjected to being updated you accept the updated terms as well. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
SAFETY: The COMPANY reserves to right to terminate communication if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s)
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the SHOOT. The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the SHOOT(S).
FILM and COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY's explicitly written permission. The CLIENT has written permission from the COMPANY for publishing the photographs.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the SHOOT(S).
The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package after 2 weeks of event.
CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
NO RIGHTS ARE GRANTED UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT, INCLUDING, IF APPLICABLE, ANY LATE-PAYMENT CHARGES. UNLESS OTHERWISE AGREED, THE USE OF ANY IMAGE(S) PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR SUCH AN UNAUTHORIZED USE WILL BE DOUBLE THE INVOICE TOTAL.Where usage rights before full payment are granted, Photographer reserves the right to rescind any such usage rights if Client fails to make timely payment. All invoices are due upon receipt unless written permission regarding trade for service is provided. Services traded must be completed within 5 months of delivery. No rights are granted if there is failure to complete services traded within 5 months of receiving service.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.
WE, THE UNDERSIGNED CONTRACTING PARTY, HEREBY WARRANT WE ARE COMPETENT TO CONTRACT IN OUR OWN NAMES. WE CONFIRM AND FULLY AGREE WITH THE CONTENTS THEREOF. FURTHERMORE, WE AGREE TO PAY THE AMOUNT