CONTRACT FOR PHOTOGRAPHY SERVICES This Photography Contract (the "Contract") is made effective as of _________ (the "Effective Date"), by and between of Janelle Greenholtz-Perez (“Captured Memories Photography By Janelle also CMPBJ”) and of ________________ (‘the client”).
DESCRIPTION OF SERVICES. On _______________ (“session date”) CMPBJ will provide to the following photography services (collectively, the "Services"):
PERFORMANCE OF SERVICES. CMPBJ (1) agrees to take photographs as decided and chosen, allowing for artistic expression; (2) agrees to use high technical quality for digital or print(at extra cost); (3) will use color management consultancy knowledge to create photographs and (4) shall provide with digital albums within 14 days at maximum (5) Digital downloads are available through a password protected link. You will only receive what is included in your package – you will NOT receive all of the raw images taken during the session. The only exceptions are: Private Parties. (6)If prints are ordered an additional 14 days will be needed. Printing is not done on premises.
PAYMENT. Client agrees to pay $______________ in consideration for the photography services to be rendered by CMPBJ. In consideration for this fee, CMPBJ will devote to cover the session or occasion of the client; (2) will provide digital albums to review for final purchase of pictures; (3) will provide with a cost sheet itemizing the cost of different packages and individual photo purchases. Downgrades of packages will not be allowed on the spot. If you choose a lesser package, 5 days notice prior to session will be needed, NO EXCEPTIONS! CD’s are no longer available.
DEPOSIT. Prior to the time of the signing of the Contract, the client shall pay a non-refundable deposit of $50.00 to CMPBJ for the Services. The deposit will be subtracted from the total payment owed by the date of the session or occasion of the client. BALANCE OF PAYMENT IS DUE AT SESSION OR OCCASION. ABSOLUTELY NO BARGAINING OR EXCEPTIONS WILL BE TOLERATED.
CANCELLATION POLICY. All deposit fees are non-refundable. A minimum of notice will be required for cancellation of this Contract by 48 hours. Any cancellation made with less than notice prior to the agreed upon service date will result in forfeiture of session with no rescheduling. If the cancellation is initiated by CMPBJ, session will be rescheduled or all monies paid to from the client shall be fully refunded, INCLUDING the deposit fee if it should be an occasion. Refund shall be paid out within thirty (30) calendar days from the cancellation date.
TERM. CMPBJ and client agree that this Contract shall commence on the above effective date and shall terminate on session or occasion of date. Said agreement may be extended and/or renewed by agreement of all parties memorialized in a subsequent amendment thereafter.
WORK PRODUCT OWNERSHIP. CMPBJ RETAINS THE COPYRIGHT OF ALL IMAGES. Any copyrightable works, ideas, discoveries, products, or other information (collectively, the "Work Product") developed in whole or in part by in connection with the Services will be the exclusive property of CMPBJ. The client agrees they may not use images for commercial or editorial purposes, or enter any images in a competition without written permission of CMPBJ. The client has purchased high-resolution digital photographs from their session with CMPBJ. However, altering/editing these photos is prohibited (including Instagram filters). CMPBJ has the right to use and publish photographs taken at your photography session to further promote services including, but not limited to, portfolio (online and print), social media portfolio pages, prints for studio-use, contest, fliers.
RELATIONSHIP OF PARTIES. It is understood by the parties that CMPBJ is an independent contractor. Rules & regulations of this photography studio MUST be followed. NO OUTSIDE CAMERAS OR RECORDING DEVICES ARE ALLOWED. CELL PHONE PHOTOGRAPHY IS STRICTLY PROHIBITED. FOR INFANT PHOTO SHOOT SESSIONS: Two (2) adults may be in attendance, no more. Please have infant/child dressed for session. Client provides wardrobe changes if there will be any. CAKE SMASHES: Client provides cake, Therefore, any allergies to said cake is the clients responsibility NOT CMPBJ! Please come 2 to 3 weeks prior to event for the cake smash. DO NOT HARRASS CMPBJ FOR A PREVIOUS SESSION OR TO BE BUMPED UP. Your date & time is your date & time.
COURTESY. The photography schedule and selected methodology are designed to accomplish the goals and wishes between CMPBJ and the client. Positive cooperation and punctuality are therefore essential. DO NOT KEEP STOPING AND ASKING PHOTOGRAPHER FOR PREVIEWS OF PICTURES! Studio hours are Tuesday through Friday from 4 p.m. to 7 p.m. and Saturday through Sunday from 9 a.m. to 9 p.m. STUDIO IS CLOSED ON MONDAYS. Please do not call/text past 9 p.m. or call/text before 4 p.m. If you do, responses will not occur until 4 p.m. Notice is given when studio is closed for vacation, please respect that and hault all communication until the return date at the appropriate times. If a client’s child breaks or damages a prop or any of the studios property, the client is responsible to pay for it.
WARRANTY. CMPBJ shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable industry standards and will provide a standard of care equal to, or superior to, care used by service providers similar to on similar projects.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract: a. The failure to make the required payment in full on session or occasion date. b. The insolvency or bankruptcy of either party. c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have ___ days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Contract will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
ENTIRE CONTRACT. This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. No other parties can intercede on the signing clients’ behalf. The signing client will be the only one able to make executive client decisions. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
NO CHANGES ARE TO BE MADE TO THIS CONTRACTUAL AGREEMENT WITH THE EXCEPTION OF A MUTUAL AMENDMENT AS FOLLOWS:
AMENDMENT. This Contract may be modified or amended in writing. The writing is signed by BOTH parts obligated under the contract.
GOVERNING LAW. This Contract shall be governed by the laws of the State of New York.
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
SIGNATORIES. This Agreement shall be signed by and by and is effective as of the date first above written.
Client Signature: ________________________________________
Photographer Signature: ________________________________________
Janelle Greenholtz-Perez (Captured Memories Photography By Janelle CMPB)