AGREEMENT BETWEEN CAPTURED BY CORBIN PHOTOGRAPHY, LLC AND CLIENT
It is hereby agreed by and between Captured by Corbin Photography, LLC, hereinafter referred to as “the Photographer,” and Client, hereinafter referred to as “the Clients,” that the Clients wish to engage photography services of the Photographer.
NOW, THEREFORE, in consideration of the mutual assurances herein contained, the parties hereby agree as follows:
1.
DEFINITIONS
A.
“Photographer,” “Photography Team,” “Us,” “We,” and “Our” refer to Captured by Corbin Photography, LLC and all agents, employees or other representatives.
B.
“Client” refers to the party hiring Captured by Corbin Photography, LLC for his, her, or their photography needs.
C.
“Session,” “Event,” and “Photography Session” refers to hired photographic session for the purposes of taking custom photographs.
D.
“Contract” or “Agreement” refers to this document.
2.
GUARANTEE
Both parties recognize that each session is unique. The Photographer guarantees to provide the best work-product based on each session, family members cooperation, location, and lighting. The Photographer reserves the right to make creative split-second decisions to ensure each session is captured to the best of the Photographer’s ability. The Client hereby acknowledges that Photographer’s portfolio is only a sample provided to give the Client an idea and a “feel” for the quality of work produced by the Photographer. The Client hereby understands and agrees that no specific shot/setting is guaranteed by the Photographer.
3.
TERMS AND RESPONSIBILITIES
The Photographer hereby agrees to provide the following services to the Clients:
IMMEDIATE FAMILY SESSIONS
$399 (Plus Sales Tax)
Document the most precious moments of the people closest to you with an unforgettable family session with Allison.
Approximately 45 minute session
Pictures included full family, kids, individuals, mom with kids, dad with kids, mom & dad, and any other combination of pictures requested.
Pictures will included posed and candid! Don’t worry… I will provide prompts to you to get those super cute candid pictures!
Up to 6 family members
Include approximately 50+ edited digital images
Available as digital download via your own private online gallery
4.
COMMUNICATION
A.
Photographer Communication
The Photographer hereby agrees to respond to all Clients’ communication in a timely manner during normal business hours.
5.
COMPENSATION
In consideration for the services set forth in the TERMS AND RESPONSIBILITIES section of this Agreement, the parties agree that the Photographer’s fee is based on the products purchased (plus sales tax).
6.
INCIDENTAL EXPENSES
Travel expenses outside of the zip code of 52045 are separate from and not included in the fees discussed in Compensation section of this Agreement. The Client shall pay $0.55 per mile outside of the zip code provided.
7.
SALES TAXES
All charges necessary to obtain a finalized product are subject to Iowa Sales Tax including sitting fees and retouching fees. Any and all high-resolution images purchased on DVD, CD, USB or printed format are subject to Iowa Sales Tax. All photographs obtained via online gallery or website are subject to Iowa sales tax. All photographs accessible via a digital archive or digital slide show for download are subject to Iowa Sales Tax.
8.
PHOTOGRAPHIC MATERIALS
All photographic materials, including, but not limited to negatives, transparencies, proofs and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this contract.
9.
ARTISTIC RIGHTS
The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of photographs to select from and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $50 per file.
10.
CLIENT USAGE
The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express written permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
11.
SOCIAL MEDIA
The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify the “CAPTURED BY CORBIN PHOTOGRAPHY, LLC” in the caption of all photographs uploaded to social media websites and profiles.
12.
SAFE WORKING ENVIRONMENT
The Client agrees to undertake the best efforts to ensure that guests and attendees at the session treat the Photographer and the Photographer’s staff with respect and dignity and that the Photographer is provided with a safe working environment. The Photographer retains the right to cancel the remainder of any photography session in the event guests and/or attendees of the session commit any instances of sexual harassment, violence, threats, or other similar behavior that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation the Client shall not be entitled to any refund.
13.
COOPERATION OF CLIENTS AND GUESTS
The Client will cooperate with the Photographer and defer to the Photographer’s professional judgment related to setting, poses, picture grouping, and other matters of artistic discretion. The Photographer retains the absolute right to refuse to photograph any situation, pose, or grouping that would interfere with the Photographer’s artistic discretion. The Client will utilize best efforts to ensure that guests and attendees cooperate with the Photographer.
14.
VENUE GUIDELINES
Venue Guidelines. The Photographer is bound to guidelines and policies of venue officials or management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for modification of guidelines and/or policies is the Client’s responsibility. Any additional permits or fees required by the venue or local jurisdiction shall be the responsibility of the Client.
15.
OWNERSHIP OF DESIGN
The Photographer shall retain ownership of all of the photographs produced by the Photographer during the course of the events discussed in this Agreement. Ownership by the Photographer shall include any copyrights, trademarks, patents, or other proprietary rights existing in the design.
The Client agrees that duplication or alteration or original images is strictly prohibited without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping or modification of any kind. The Photographer DOES provide the Client permission to resize photographs for Internet-based usage.
16.
EXCLUSIVITY
The Photographer and the Photographer’s team shall be the sole photographers for the coverage of the session event.
17.
PUBLICITY
The Photographer shall have the right to use and publish photographs of the Clients or in which the Clients may be included, for editorial, trade, advertising and any other purpose and in any manner and medium, and to copyright the same. The Clients specifically grant permission to the Photographer to use selected images of them as an example of work and for entrance into photographic competition. The Clients thereby releases all claims to profits that may arise from such use of the selected images.
18.
FAILURE TO PERFORM
If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability.
19.
SUBSTITUTE PHOTOGRAPHER
The Photographer reserves the right to provide a substitute with another photographer in the event Photographer is unable to perform. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract. The Photographer warrants the substitute photographer to be of comparable quality and professionalism. The original terms of this agreement will remain in effect.
20.
TERMINATION and date changes
A.
Termination Requirements.
Termination must be done in writing to the Photographer.
B.
Fees Upon Termination.
If for any reason Client cancels this Contract prior to or on the session date, the Photographer shall keep the retainer and any monies paid on the date of cancellation. All cancellations must be made in writing and signed by all contracted parties. If the Client fails to supply written cancellation or cancels within 30 days of the contracted date, the Client shall be required to pay the full balance of the Contract.
21.
EDITING SCHEDULE
Images shall be ready for viewing on an online website within 4 weeks of the photographic event.
Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.
Prints shall take 10-12 weeks from time of print order to be processed and delivered to the Client.
Metal Prints shall take 10-12 weeks from time of print order to be processed and delivered to the Client.
Albums shall take 10-12 weeks from date of final design approval by the Client to be received by the Photographer.
The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of $150 shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
22.
INDEMNIFICATION
The Clients agree to defend and indemnify the Photographer against all civil claims for acts within the scope of this Agreement to the maximum extent allowed by law, but excluding acts of gross negligence and willful misconduct. Additionally, the Client shall pay all attorneys’ fees and costs related to any actual or threatened legal action against the Photographer as such fees and costs arise.
23.
NOTICES
Any and all notices, demands, or other communications required or desired to be given hereunder, by either party, shall be in writing and shall be validly given or made to the other party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand or other communication is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given.
24.
GOVERNING LAW AND FORUM
This Agreement shall be governed and construed in accordance with the laws of the State of Iowa applicable to contracts negotiated, executed, and fully performed therein. The state and federal courts located in the State of Iowa shall have exclusive jurisdiction of all suits and proceedings arising out of, or in connection with, this Agreement. Both parties hereby submit to the jurisdiction of said courts and waive any claim that any such forum is an inconvenient forum.
25.
ATTORNEY'S FEES.
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
26.
SEVERABILITY
If any provision of this Agreement is deemed to be unlawful, void or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect.
27.
ENTIRE AGREEMENT
This Agreement represents the entire understanding and agreement of the parties. This Agreement may not be altered, amended or supplemented in any manner, except by subsequent written agreement signed by both parties.
28.
FORCE MAJEURE
Neither party shall be deemed in default or otherwise liable for any delay in or failure of its performance under this Agreement (other than payment obligations) by reason of any Act of God, fire, natural disaster, accident, riot, act of government, strike or labor dispute, shortage of materials or supplies, failure of transportation or communication or of suppliers of goods or services, or any other cause beyond the reasonable control of such party. Performance times shall be considered extended for a period of time equivalent to the time lost because of such delay.
29.
WAIVER
No waiver or forbearance by either party hereto of any rights hereunder in any particular instance shall act to preclude such party from exercising those rights in any other instance.
30.
HEADINGS
The section and other headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
31.
E-SIGNATURE.
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signature pages may be executed via “wet” signature or electronic mark and the executed signature pages may be delivered using pdf or similar file type transmitted via electronic mail, cloud based server, e-signature technology or other similar electronic means.
Additional Notes:
Please be courteous and arrive to your session on time. If late, this will cut into your session time and may be charged for additional time if more than 5 minutes late.
If more than 15 minutes late for sessions without notice or rescheduling may result in a forfeit of that time and/or session and may need to reschedule.