This agreement is made effective in all respects as of date submitted by and between Molly Lawson (DBA “E Bea Photography"), (hereinafter "The Photographer") and client (hereinafter "The Client") relating "The Event" as defined in Exhibit A.
Description of Services. The parties agree that The Photographer shall furnish photographic services as specified in Exhibit A. The Photographer shall be the exclusive professional photographer retained by The Client for the purpose of photographing The Event. The Client may hire professional videographer(s) to cover The Event. No other photographer, guest or family member with a camera, will be permitted to follow The Photographer during The Event for the purposes of copying The Photographer's shots and/or "set up". The Client agrees that The Photographer may, at her discretion, reposition people or objects, or direct changes to existing or supplemental lighting in the rare instance when such factors interfere with The Photographer's duties.
Compensation and Fees. The Client shall pay The Photographer compensation and fees as outlined in Investment (cash or check only) totaling the amount relating to "Collection Description" for services specified in Exhibit A. A retainer is not required. However, please be respectful of The Photographer’s time should there be any reason for canceling outside of weather or illness. Payment in full is due at the time of the session. The charges in this Agreement are based on The Photographer's standard price list. This price list is adjusted periodically and future orders will be charged at the prices in effect at the time when the order is placed. The Client is responsible for paying their own venue entry fees.
Contract and Retainer. The Photographer shall deliver an electronic contract to The Client upon request of The Photographer's services. The Client shall return signed contract to The Photographer within one (1) week of receipt. If the contract is not received after said time, The Photographer reserves the right to book other appointments on the date requested. Upon receipt of signed contract, The Event is considered booked.
Photography Coverage and Processing. Photo shoots are based on The Photographer’s photojournalistic shooting style. Five (5) to ten (10) posed group photographs are considered normal for each collection. Images determined by The Photographer to be substandard or duplicated may be discarded. The Photographer shall use her professional judgment and sole discretion to select photographs for the final collection. The Photographer is not obligated to make revisions to the photographs after the proofs are delivered to The Client.
Copyright and Reproductions. The Photographer owns the copyright for all images created and has the exclusive right to make reproductions. All photographs taken by The Photographer are her property, will remain her property and are protected by the United States Copyright Laws (USC Title 17). The Photographer shall make reproductions for The Client at a price agreed upon at the time of the order. The Photographer has the irrevocable right to use the photographs in all forms, media, and all manners without any restriction as to changes or alterations for advertising, trade, promotion, exhibition, or any lawful purposes. The media shall include but is not limited to printed or online portfolios, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or outside of The Photographer's studio.
Client Usage. The Client may obtain digital files and prints from The Photographer for personal rights and usage only, meaning that The Client can use the images for personal, non-transferable, and noncommercial uses. The Client is personally liable for communicating the limitations of this Agreement to any persons receiving a disc copy, and is personally liable for any illegal uses that arise from the distribution of disc copies. The Client may not alter images, sell the image files or prints produced from the files whether in original form or after any amount of alteration. Other persons may not use the image files as a basis for the creation of any artworks if that artwork is to be used for any commercial purpose. If The Client is obtaining a print for newspaper announcement of an event, The Photographer authorizes The Client to reproduce the print in this manner. In such event, The Client shall request that the newspaper run a credit for The Photographer adjacent to the photograph, but has no liability if the newspaper refuses or omits to do so.
Failure to Perform. If The Photographer cannot perform this Agreement due to fire or other casualty, strike, act of God, other cause beyond control including unavoidable traffic delays or mechanical failure, or other cause beyond the control of the parties, then The Photographer shall return the retainer to the client or substitute another professional photographer, but has no further liability with respect to this Agreement. This limitation on liability also applies in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or specific shots are missed during an event or session.
Modification to The Event. The Photographer shall review proposed modifications to The Event on a case by case basis to determine whether services can still be rendered. The Photographer reserves the right to cancel this Agreement in the case that a scheduling conflict is created by a modification to The Event date or time.
Weather. In the case of inclement weather, rain, tropical storm or hurricane prohibiting the photography and setup of The Event, The Photographer shall make every effort to accommodate a modification of The Event by The Client. The Photographer is not liable for The Event not taking place at the original location or time due to weather. The Client is advised to create a contingency plan for inclement weather to allow The Event to take place on schedule.
Overtime. If the agreed upon time for photographic services needs to be extended, The Client shall pay The Photographer at a rate of $200/hour starting at the conclusion of the originally scheduled Event.
Travel Expenses. Travel expenses are charged to the client for events outside of the Charleston area that are sixty (60) minutes or more in travel.. Any travel fee relating to the shoot as described in EXHIBIT A is included in the final Package Price. Travel expenses are based on location, mileage or airfare, subsistence and lodging for overnight stays.
Product Delivery and Storage. The Company will deliver digital media files to The Client within 5 weeks from the time of The Event. When applicable, albums and books will typically be delivered within 12 weeks from the time of The Event. If additional time is required, The Company will notify The Client of the new delivery time. The Company does not retain digital raw files. The Company retains digital JPEG files for a period of one year from the time of The Event.
Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications to this Agreement shall be in writing and signed by both parties. This Agreement shall be governed by the laws of the State of South Carolina. All sales are final. A signature by The Client indicates an understanding and agreement to all terms herein, and acknowledgement of the receipt of a complete copy of the Agreement.