Photographic Services Contract
This agreement is between
Paul Gargagliano of 833 Judah Street, San Francisco, CA &
for the purposes of providing photography services between the hours of and on the date at the location
1. Scope of Work:
Photographer shall provide photography services for the client consisting of:
Rights: The client specified herein, and the client alone, has the rights to use of the digital files for unlimited personal reproduction. This excludes the acceptance of payment for prints. This also excludes the distribution of files to third parties. Paul Gargagliano is permitted to display the images as an example of photographic work, and for the promotional purposes of Hazel Photo, such as but not limited to: business website, print ads, brochures, exhibits and other promotions.
Retouching: All images will be culled, and edited for color, contrast, crop. The images will be delivered as jpeg files through an online gallery, that will be available for 6 months from posting. The photographer is not responsible for maintaining an archive of the files beyond six months. Light retouching may be included at photographer's discretion. Heavy retouching is not included, though it can be requested, and charged at $50 per image. Heavy retouching includes, but is not limited to: object removal, face swaps, wrinkle smoothing, acne removal, body reshaping, etc.
Shot lists: There are no guaranteed photographs during the shoot. If an overzealous cousin jumps into the aisle during the kiss, the photographer is not responsible. If the couple requests a group shot, but then does not schedule and organize the photo, the photographer is not responsible. The photographer is not responsible for limitations caused by inclement weather.
Client agrees to pay to Photographer a total of $. The booking fee of 35% of the total contract $0 is due on signing of contract. The contract is not valid without this payment. On reception of this fee Hazel Photo shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. The booking fee serves to protect against loss of business, and is non-refundable. The client agrees to pay $0 and any additional expenses as described in clause 3 below, no later than 30 days previous to shoot date. In the event that the photo shoot is cancelled by the client for any reason, the client agrees to forego return of the 35% booking fee to offset lost business costs. In the event that services are cancelled by the photographer for any reason, the photographer will provide a comparable replacement at the same price, or, if the client prefers, the booking fee will be fully refunded.
3. Additional Expenses:
On the day of the wedding, if the event is more than 5 hours of coverage, client shall provide a hot meal for Hazel Photo.
The client shall indemnify and hold harmless the Photographer from any loss, damage or liability resulting from the client’s violation of the terms of this Agreement or any agreement involving the Photographer. The client shall indemnify the Photographer and hold him harmless from and against any claim by any other person or entity resulting from the performance of his services under this agreement.
Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in the state of California. The arbitration shall be binding on the parties and the arbitration award may be confirmed by any court of competent jurisdiction.
6. Assignability and Parties of Interest:
Except as otherwise provided herein, the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties. Nothing in this Agreement, express or implied, will confer upon any person or entity not a party to this Agreement, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of this Agreement, except as expressly provided in this Agreement.
7. Independent Contractors:
In providing services pursuant to this Agreement, the Parties shall be independent contractors, and no party to this Agreement shall make any representations or statements indicating or suggesting that any joint venture, partnership, or other such relationship exists between any of the parties except as set forth herein.
8. Sole Photographer:
Hazel Photo will be the sole official photographer at the wedding. This does not pertain to videographers, and photobooths. Guests (as long as they are not being paid for services) are welcome to take photographs during the wedding, except when the photographer is making posed portraits of the couple, family, or wedding party.
9. Entire Agreement:
This Agreement constitutes a single integrated contract expressing the entire agreement of the client and Photographer with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.
10. Amendment and Waiver:
This Agreement and each provision hereof may be amended, modified, supplemented or waived only by a written document specifically identifying this Agreement and duly executed by each party hereto or the authorized representative of such party. Except as expressly provided in this Agreement, no course of dealing between the parties hereto and no delay in exercising any right, power or remedy conferred hereby or now or hereafter existing at law, in equity, by statute or otherwise, shall operate as a waiver of, or otherwise prejudice, any such rights, power or remedy.
11. State Law and Location:
This Agreement was negotiated, executed and delivered within the State of California, and the rights and obligations of the parties hereto shall be construed and enforced in accordance with and governed by the internal laws (and not the conflict of laws) of the State of California applicable to the construction and enforcement of contracts between parties residing in California which are entered into and fully performed in California. Any action or proceeding arising out of, relating to or concerning this Agreement, including, without limitation, any claim of breach of contract, shall be filed in the state courts of California within 50 miles of San Francisco.
This Agreement may be executed in counterparts. The execution of a signature page of this Agreement shall constitute the execution of the Agreement, and the Agreement shall be binding on each party upon the date of signature, if each party executes such counterpart.
If any part of this Agreement is determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.
14. Clause Headings:
The clause headings in the Agreement are for reference only and do not form a part of this Agreement.
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