Contractual Agreement Between Sweet Shots Now & the Client (You):
This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at the agreed upon time and place.
This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at the agreed upon time and place.
FEES:
In consideration for the photography services provided by Creative Art Project, you agree to pay the sum of the agreed upon amount. You, also, agree to pay Creative Art Project a non-refundable initial payment totaling 50% (fifty percent) of the total agreed upon price of the photography services upon signing this contract. The initial payment reserves the photographer’s time and is not a retainer or deposit. Creative Art Project agrees to not advertise availability of this same time slot to any other potential clients once the 50% is paid. If you cancel this shoot for any reason, the initial payment will not be returned to you.
In consideration for the photography services provided by Creative Art Project, you agree to pay the sum of the agreed upon amount. You, also, agree to pay Creative Art Project a non-refundable initial payment totaling 50% (fifty percent) of the total agreed upon price of the photography services upon signing this contract. The initial payment reserves the photographer’s time and is not a retainer or deposit. Creative Art Project agrees to not advertise availability of this same time slot to any other potential clients once the 50% is paid. If you cancel this shoot for any reason, the initial payment will not be returned to you.
CANCELLATIONS & RESCHEDULING:
If you cancel this shoot for any reason, the initial payment will not be returned to you. If you need to reschedule, no additional fees will apply as long as rescheduling is requested within two weeks in advance. If you need to reschedule within two weeks of the initially agreed upon date, additional fees may apply. If rescheduling is needed due to weather, no additional fees will be applied.
If you cancel this shoot for any reason, the initial payment will not be returned to you. If you need to reschedule, no additional fees will apply as long as rescheduling is requested within two weeks in advance. If you need to reschedule within two weeks of the initially agreed upon date, additional fees may apply. If rescheduling is needed due to weather, no additional fees will be applied.
WORK PRODUCTION:
Creative Art Project will deliver proofs of photos to you in no more than thirty days (30 days) after the date of the shoot. By completing this form, you are stating that you understand and agree that proofs are the exclusive property of the Creative Art Project until the fully agreed upon fee is made. Once the full agreed upon fee is paid, you have limited ownership of all photos delivered. Therein, Creative Art Project still has exclusive rights in using any photos taken for portfolio usage.
Creative Art Project will deliver proofs of photos to you in no more than thirty days (30 days) after the date of the shoot. By completing this form, you are stating that you understand and agree that proofs are the exclusive property of the Creative Art Project until the fully agreed upon fee is made. Once the full agreed upon fee is paid, you have limited ownership of all photos delivered. Therein, Creative Art Project still has exclusive rights in using any photos taken for portfolio usage.
INDEMNIFICATIONS:
- Creative Art Project and you agree that the assigned photographer(s) is under no obligation to capture any specific moment or pose or person(s) during the shoot.
- If the assigned photographer(s) are unable to perform the services in this contract due to any cause outside its control, client agree to indemnify the photographer(s) for any loss damage or liability; however, the photographer(s) will return in full all payments made by you to Creative Art Project in relation to the shoot.
- You agree to indemnify and hold harmless Creative Art Project and the photographer(s) for any liability, damage, or loss related to technological failure, including data loss.
- You understand and agree that the assigned photographer(s) are not required to maintain copies of the photos from this shoot 3 (three) days after the photos have been delivered to you.
- You agree to hold the photographer(s) harmless for any personal injury which may occur as you and/or the photographed subject pose(s) or work with the photographer(s).
- The assigned photographer(s) will strive to present photos in an utmost professional manner but is not required to cater to specific aesthetic preferences of you or the subject being photographed.
- Creative Art Project and you agree that the assigned photographer(s) is under no obligation to capture any specific moment or pose or person(s) during the shoot.
- If the assigned photographer(s) are unable to perform the services in this contract due to any cause outside its control, client agree to indemnify the photographer(s) for any loss damage or liability; however, the photographer(s) will return in full all payments made by you to Creative Art Project in relation to the shoot.
- You agree to indemnify and hold harmless Creative Art Project and the photographer(s) for any liability, damage, or loss related to technological failure, including data loss.
- You understand and agree that the assigned photographer(s) are not required to maintain copies of the photos from this shoot 3 (three) days after the photos have been delivered to you.
- You agree to hold the photographer(s) harmless for any personal injury which may occur as you and/or the photographed subject pose(s) or work with the photographer(s).
- The assigned photographer(s) will strive to present photos in an utmost professional manner but is not required to cater to specific aesthetic preferences of you or the subject being photographed.
DUTY OF THE CLIENT
You will obtain all permission necessary for the assigned photographer(s) to photograph at the shoot. The assigned photographer(s) have no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. You understand and agree that any failure to obtain these permissions resulting in fines to the photographer(s), or which prevent photographer(s) from photographing the event(s) is not the fault, liability, or responsibility of the photographer(s).
You will obtain all permission necessary for the assigned photographer(s) to photograph at the shoot. The assigned photographer(s) have no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. You understand and agree that any failure to obtain these permissions resulting in fines to the photographer(s), or which prevent photographer(s) from photographing the event(s) is not the fault, liability, or responsibility of the photographer(s).
EXCLUSIVE PHOTOGRAPHER(s)
You agree and understand that no other party other than the assigned photographer(s) may take pictures of any poses, lighting situations, or setups made by the photographer(s). This slows down the photographer(s) work and violates the photographer(s) right to take pictures of the event. You agree to take responsibility for insisting that no person(s) get in the way of the assigned photographer(s) or take pictures in these situations.
You agree and understand that no other party other than the assigned photographer(s) may take pictures of any poses, lighting situations, or setups made by the photographer(s). This slows down the photographer(s) work and violates the photographer(s) right to take pictures of the event. You agree to take responsibility for insisting that no person(s) get in the way of the assigned photographer(s) or take pictures in these situations.
MODEL RELEASE
You grant permission to the assigned photographer(s) and their assignee's, licenses, and sub-licensees, permission to use your image(s) or likeness in any and all forms of media for commercial purposes, advertising, trade, or any and all other uses. Therefore, the assigned photographer(s) may use your likeness and image(s) on the Creative Art Project website or other advertising. The Photographer(s) may sell photos containing your likeness to third parties. If you desire to contest this clause, please state so in the closing field below.
You grant permission to the assigned photographer(s) and their assignee's, licenses, and sub-licensees, permission to use your image(s) or likeness in any and all forms of media for commercial purposes, advertising, trade, or any and all other uses. Therefore, the assigned photographer(s) may use your likeness and image(s) on the Creative Art Project website or other advertising. The Photographer(s) may sell photos containing your likeness to third parties. If you desire to contest this clause, please state so in the closing field below.
COPYRIGHT
Title (possession) of and copyright to all products shall remain with the photographer(s) until the client has paid in full. All photos are copyrighted. The negatives/ digital images (hereinafter collectively the “photos”) created by the photographer(s) and/or subcontractor(s) remain the property of the photographer(s). It is illegal to copy, scan, reproduce, or post/ share online in forums or elsewhere without the written permission of the photographer(s). Violators of this federal law will be subject to its civil and criminal penalties. Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
Title (possession) of and copyright to all products shall remain with the photographer(s) until the client has paid in full. All photos are copyrighted. The negatives/ digital images (hereinafter collectively the “photos”) created by the photographer(s) and/or subcontractor(s) remain the property of the photographer(s). It is illegal to copy, scan, reproduce, or post/ share online in forums or elsewhere without the written permission of the photographer(s). Violators of this federal law will be subject to its civil and criminal penalties. Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
EXPENSES
Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
CREATIVE LICENSE
Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed credible as professional in quality and within the photographer’s artistic standards.
Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed credible as professional in quality and within the photographer’s artistic standards.
FORCE MAJEURE
If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.