please fill out your Contract Name * First Name Last Name Phone (###) ### #### Email * Address Address 1 Address 2 City State/Province Zip/Postal Code Country Checkbox * This agreement is between the CLIENT, whose name and address is listed above, and Adriane Nicole (photographer). RETAINER and PAYMENT. The CLIENT shall make a non-refundable retainer to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties. Payment for product orders shall be submitted to Photographer on the day of the in-person viewing. If the CLIENT should choose to have an in person viewing and ordering session. Any payment plan agreements agreed to by Adriane Nicole (photographer) and CLIENT shall be included as an addendum to this agreement. A late payment fee of $50 shall be applied to the late payment amount in accordance with the payment plan agreement. No products shall be delivered until the entire amount is paid in full. All sales are final. Prices listed on the site do not include sales tax, shipping and handling. RESCHEDULING and LATE ARRIVALS. If for some reason the CLIENT is unable to attend their assigned session date and time the CLIENT may be able to use the monies already paid towards a full session or the session fee will be forfeited. If the photographer must reschedule the session dates for any reason including but not limited to weather, illness, or anything beyond their control the photographer will try to reschedule for a date that is convenient for the CLIENT. The photographer is not held responsible if the CLIENT can not attend the reschedule date. Any CLIENT that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. CLIENTs shall not be compensated for the time deducted from the event due to late arrival of the CLIENT. ORDER REQUIREMENTS. The CLIENT does not have to purchase any additional prints or products. All orders must be placed at the time of the viewing and ordering session. 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 agreement. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement. 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 retains right of discretion in designing any included products that require design. COPYRIGHT and REPRODUCTIONS. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the CLIENT. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. CLIENT’S USAGE. The CLIENT shall only use the photographic prints, including digital files, in accordance with the permissions within this agreement. The CLIENT’s prints are for personal use only and can be submitted to contests and reproduced for commercial use with PHOTOGRAPHERS conset. Further, the CLIENT shall not authorize reproductions by non-purchasers covered within this agreement. 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. 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. CLIENT shall not copy, download, screen shot, or capture the photographs in any other fashion. The CLIENT shall identify and tag @byadrianenicole in the caption of all photographs uploaded to social media websites and profiles. When uploading to a Facebook Social Media profile, the CLIENT shall “tag” the Photographer’s business page in the album of the uploaded files. EXCLUSIVITY. The Photographer will act as the sole photographer during the session. The CLIENT and their guests will not use any photographic device including cameras, camera phones, or tablets to take any pictures during the session. The Photographer is not responsible for any interference that may occur due to other persons taking pictures during the session. FAILURE TO PERFORM. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and CLIENT shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the CLIENT and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited. PHOTOGRAPHER’S STANDARD PRICE LIST. The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed COMPLETION SCHEDULE. Digital files should be delivered in 2-3 weeks. Prints generally take about three weeks from time of print order to be processed and delivered to CLIENT. Albums can take several weeks to months to design and produce. CLIENT should place order with enough time to allow for normal delays. Photographer shall not be held responsible for delivery delays. ARBITRATION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $500. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute. INDEMNIFICATION. The Photographer shall be held harmless for any and all injury to CLIENT during the course of the photography session and the immediately surrounding events. MISCELLANY. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of California. WAIVERS. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract. ATTORNEY 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. By typing my name in the box below, I electronically sign and affirm that I have read and understood the above statement * Date * MM DD YYYY Thank you for trusting me to capture your story!
