Something Special Photography
Client Contract & Agreement
Below is the contract required for you to become an official client of Something Special Photography. Please read the contract in its entirety and sign the form below.
1. DEFINITIONS – The following words contained in this agreement shall have the following meanings:
• “Breach” means any unilateral action made by Client to terminate the Agreement, any failure by the client to perform the terms of the Agreement, or any action or inaction made by Client that is inconsistent with the terms of the Agreement.
2. LIMITS OF LIABILITY
• A. The PHOTOGRAPHER takes the utmost care with respect to exposure (lighting), post-processing, and delivery of all photographs. However, in the event that PHOTOGRAPHER fails to comply with the terms of this Agreement for any reason, the PHOTOGRAPHER’S liability to the CLIENT is limited solely to a refund of all money paid by CLIENT to the PHOTOGRAPHER, and CLIENT’S sole remedy is receiving at maximum a refund of all money paid by Client to the Photographer.
• B. In the unlikely event that the digital photography files have been lost, stolen, or destroyed for reasons beyond PHOTOGRAPHER’S control, including but not limited to: camera, hard drive, memory card, computer, or equipment malfunction, the PHOTOGRAPHER’S liability is limited to the return of all payments received for the individual, respective service or product stated on the Estimate that PHOTOGRAPHER is unable to provide. The limit of liability for partial loss of originals is the prorated amount of the exposures lost based on the percentage of total number of originals.
3. SPECIFIC IMAGES – PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is not responsible for any specific image(s) that are not delivered. CLIENT acknowledges that PHOTOGRAPHER uses a highly stylized and photojournalistic approach with regard to photography and editing, with few prearranged or posed shots. All editing choices and that are delivered to CLIENT are within the sole discretion of PHOTOGRAPHER. Any failure by PHOTOGRAPHER to deliver any specific image or provide any specific type of photo editing requested by CLIENT is not a breach of this Agreement, does not result in a refund of any money paid by CLIENT to PHOTOGRAPHER, and CLIENT has no further remedy against PHOTOGRAPHER.
4. AMOUNT OF IMAGES & DELIVERY OF PROOFS – CLIENT understands the photojournalistic nature of PHOTOGRAPHER’S photography and digital photography and agrees that they are not entitled to a minimum number of images. PHOTOGRAPHER takes responsibility for providing CLIENT with as many images as possible. Dissatisfaction of image amount by CLIENT does not result in any refund to, or remedy for CLIENT. PHOTOGRAPHER will not provide, and CLIENT is not entitled to receive the RAW format files.
5. PAYMENT SCHEDULE – CLIENT agrees to pay retainer fee (if applicable) as described on the Estimate before PHOTOGRAPHER has any obligation to perform the Agreement. CLIENT’S failure to pay the retainer fee and final payment is a material Breach of this Agreement that results in damage to PHOTOGRAPHER and relieves PHOTOGRAPHER from performing any services under this Agreement.
6. DEPOSITS AND/OR FEES – The booking or sitting fee described on the Estimate reserves the PHOTOGRAPHER’S services for the Agreement. The retainer fee is due when CLIENT signs this Agreement. The retainer fee is NOT a deposit and is nonrefundable.
7. FINAL PAYMENT – The final payment described on the Estimate is due before the PHOTOGRAPHER performs the Agreement. PHOTOGRAPHER agrees to accept final payment before the due date. PHOTOGRAPHER reserves the right to break up, split up, divide, or otherwise allow CLIENT to make payments.
8. TIME ALLOTMENT FOR EDITING- Please be aware that the post-production phase is a tedious yet necessary part of of photography. Please allow for a MINIMUM of six (6) weeks before contacting PHOTOGRAPHER with questions regarding completion of editing. In the event that PHOTOGRAPHER sends previews (sneaks), please be advised that this DOES NOT constitute completion of editing and are done solely as a courtesy to CLIENT.
9. BREACH OF CONTRACT – CLIENT acknowledges that if CLIENT causes a Breach of the Agreement the PHOTOGRAPHER will be harmed. CLIENT agrees to notify the PHOTOGRAPHER of a Breach as soon as possible in order to minimize the PHOTOGRAPHER’S damages. If there is a Breach, PHOTOGRAPHER and CLIENT agree that the CLIENT is responsible for paying to the PHOTOGRAPHER within ten (10) days of any Breach, as liquidated damages and not as a penalty, 50% of the contractual amount, which represents a logical portion of the actual damages sustained by the PHOTOGRAPHER due to a Breach. This sum is in addition to the nonrefundable fee as described in Paragraph 6 above.
10. CLIENT COOPERATION & UNDELIVERED WORK – PHOTOGRAPHER cannot perform the Agreement without the cooperation of CLIENT. In the event that PHOTOGRAPHER is unable to provide any goods or perform any services required under this Agreement due to a failure of CLIENT to cooperate or to provide necessary approvals regarding photographs or other goods to the PHOTOGRAPHER, then PHOTOGRAPHER has no further duty to deliver that portion of the goods or services to CLIENT but instead PHOTOGRAPHER and CLIENT agree as follows:
• A. Archive Fee (6 months) – If CLIENT does not perform the necessary acts or approvals related to the products provided by PHOTOGRAPHER within six (6) months after proofs, album layouts, other drafts, etc. requiring CLIENT approval are provided to CLIENT, then CLIENT shall be charged a $150 archive fee to maintain storage of the undelivered products. This archive fee is in addition to any other sums paid by CLIENT pursuant to this Agreement.
• B. Termination (12 months) – If CLIENT does not perform the necessary acts or approvals related to the products provided by PHOTOGRAPHER within 12 months after the proofs or other goods are provided to CLIENT, then PHOTOGRAPHER’S performance of the Agreement is deemed complete, and this Agreement is terminated. Upon the termination of this Agreement, PHOTOGRAPHER has no further obligation to CLIENT to store the undelivered products. The PHOTOGRAPHER assumes no responsibility for storing products provided under this Agreement, and PHOTOGRAPHER assumes no liability if any portion of the products are lost, stolen, damaged or otherwise unavailable to CLIENT.
11. SOLE PHOTOGRAPHER EXCLUSIVITY CLAUSE – Something Special Photography shall be the sole PHOTOGRAPHER for any of the agreed upon products or services. CLIENT agrees not to hire, nor allow any other photographer, to perform any of the services or to provide any of the products mentioned in the Agreement. CLIENT acknowledges that the presence of other photographers will adversely impact the ability of the PHOTOGRAPHER to perform the Agreement and as a result PHOTOGRAPHER may fail to meet the standards represented in PHOTOGRAPHER’S portfolio and samples. This restriction does not apply to assistants, contractors, and any other individual hired by, or working for PHOTOGRAPHER. Any additional media personnel (cinematographer, newspaper or news agencies) require prior notification and any news agencies MUST have appropriate credentials. This is NOT negotiable.
12. COPYRIGHTS
A. Selling and Reproduction – The photographs created by PHOTOGRAPHER throughout performance of the Agreement constitute the copyrighted work of PHOTOGRAPHER. The photographs remain the property of PHOTOGRAPHER. Any portion of the photographs delivered to CLIENT is for CLIENT’S personal use only. CLIENT agrees not sell or reproduce, nor authorize the sale or reproduction of any portion of the photographs without the PHOTOGRAPHER’S written permission.
B. Submitting Work for Publication – PHOTOGRAPHER retains sole rights in submitting photographs taken while performing the Agreement for publication, in any medium. CLIENT agrees to not publish, in any medium, PHOTOGRAPHER’S digital photographs without first obtaining PHOTOGRAPHER’S written consent. Outside wedding coordinators and vendors must also obtain written permission to submit PHOTOGRAPHER’S photographs taken while performing the Agreement publication.
C. Model Release – CLIENT shall permit PHOTOGRAPHER to use images of CLIENT taken from any portion of the Agreement for display, publication, or other promotional uses without payment of compensation to CLIENT or CLIENT’S agents. CLIENT’S guests that may be photographed throughout performance of the Agreement shall be deemed to have consented to the use of their name, image, or likeness by CLIENT and PHOTOGRAPHER. CLIENT shall defend and indemnify PHOTOGRAPHER from and against any claims that any of CLIENT’S guests may assert against PHOTOGRAPHER arising from or related to the use of any name, image, or likeness of CLIENT’S guest(s) by the PHOTOGRAPHER or CLIENT.
D. Blogging – All images taken by PHOTOGRAPHER are eligible for publication on the social media platforms of Something Special Photography, but not all images, session, and events will be published. PHOTOGRAPHER retains sole discretion over which images, shoots, and events will be published on the any social media platform and when the post will be published.
E. Online Credit – CLIENT agrees to give photo credit to Something Special Photography on any and all photos CLIENT may post online.
F. Delivery of images- Any and all images delivered by PHOTOGRAPHER will be delivered via a Personalized Gallery. In the event that CLIENT wishes to have images delivered via USB Flash Drive, PHOTOGRAPHER will comply. However, a $25 fee as well as the cost of the USB Flash Drive will be imposed and is payable upon delivery of USB Flash Drive.
G. Reproducing- Reproducing an image, in any manner, regardless of modification (however slight) constitutes an automatic Breach. No photo may be altered in any manner. An example of reproducing an image is editing or cropping said photo. No alterations (lighting, filters, presets, etc.) may be used on photos for any reason.
H. Watermark - CLIENT agrees not to remove watermark on any image(s) provided. ALL images being used on social media pages must always be watermarked, the only exception being for wedding photos. If it is discovered that CLIENT removes a watermark from an image, it automatically constitutes a Breach of Contract and Photographer/Legal Team will take any and all measures to have the photo removed from applicable social media pages. Photographer and/or Legal Team will also prepare and pursue legal action including, but not limited to: Removal of photo(s) from social media account(s), request to have Client social media account(s) removed for Copyright violation, civil court cases, etc.
I. Penalties for Copyright Violation- All images are protected under Section 1202 of the U.S Copyright Act. Subsection (b) (1) and (b) (3) set forth by provisions governing Section 1202. Penalties for violations can be found in Section 1203. Subsection (c) (1) (A)(B) and Subsection (3) (B)
13. MEALS – If any photo session lasts longer than four (4) hours, CLIENT agrees to provide PHOTOGRAPHER and the Photographer’s assistants (if applicable) with hot meals, wedding cake (if applicable), or refreshments, and a break to eat. If CLIENT does not provide such meals, then CLIENT agrees to pay a $50.00 fee, and agrees to allow Photographer and Photographer’s assistants to leave the site during the session or event to obtain and eat such meals.
14. HOTELS – If any photo session is outside the Denali Borough and the PHOTOGRAPHER deems it necessary to stay overnight (any wedding session or sessions after 8 pm) CLIENT is responsible for covering a $150/night hotel stipend for both the PHOTOGRAPHER and the Photographer’s assistant (if applicable). PHOTOGRAPHER is responsible for choosing and booking a hotel for themselves and assistant (if applicable).
15. UNFORESEEN CIRCUMSTANCES – In the unlikely event that PHOTOGRAPHER is unable to perform any portion of the Agreement due to illness, injury, pregnancy, inclement weather, act of God, act of terrorism, or any other unforeseen circumstance beyond the PHOTOGRAPHER’S control, PHOTOGRAPHER is limited to the return of PHOTOGRAPHER’S payment for the unperformed portion of the Agreement. PHOTOGRAPHER agrees to communicate the inability to perform as soon as it is clear PHOTOGRAPHER will be unable to perform.
16. OBJECTIONABLE, DANGEROUS & HAZARDOUS CONDITIONS –Anytime while performing the Agreement, if PHOTOGRAPHER and any of the crew are exposed to conditions which imperil or cause the PHOTOGRAPHER and her crew to fear for their safety; objectionable or illegal acts to which PHOTOGRAPHER and her crew do not wish to be a party or witness; or conditions which may harm, destroy, or damage PHOTOGRAPHER’S or her crew’s equipment; PHOTOGRAPHER reserves the right to immediately protect PHOTOGRAPHER’S interests, including but not limited to a cessation of the Agreement. In such circumstances, CLIENT forfeits any monies paid to PHOTOGRAPHER, and CLIENT agrees to indemnify PHOTOGRAPHER from any damage, injury, or lack of performance of the Agreement that PHOTOGRAPHER or his crew have sustained. PHOTOGRAPHER is relieved from performing the remainder of the Agreement.
17. PERMISSIONS – In certain instances, PHOTOGRAPHER may be limited by the guidelines or rules of the ceremony official, ceremony venue, reception venue, or any other person or location related to the wedding preparation and ceremony. CLIENT acknowledges that such guidelines or rules are outside the control of PHOTOGRAPHER. CLIENT agrees to hold PHOTOGRAPHER harmless for the impact such guidelines or rules may have on the finished product. Negotiations with the respective people or entities for modification of guidelines is the CLIENT’S responsibility. CLIENT is also responsible for letting PHOTOGRAPHER know of any rule modifications that have been granted.
18. COLLECTION OF LEGAL FEES & EXPENSES – In the event that PHOTOGRAPHER is required to take legal action to collect fees due from CLIENT under this Agreement, or to otherwise enforce this Agreement, PHOTOGRAPHER is entitled to recover all costs and expenses incurred by relation to such legal action, including an award of all attorney’s fees.
19. JURISDICTION & VENUE – Without regard to conflict of law provisions from any state, Alaska law governs this Agreement. The exclusive forums for any suit, action, or proceeding arising from, growing out of, or relating to this Agreement is Denali Borough Circuit Court in Denali Borough in Alaska or in the federal court in the Fairbanks North Star Borough. CLIENT acknowledges that this Agreement was entered and validated in the state of Alaska. A substantial portion of this Agreement will be performed in the state of Alaska, and the proper venue for any legal action related to this Agreement is in the State of Alaska. CLIENT hereby waives any objection it may have and irrevocably submits to jurisdiction in Alaska and waives any claim of inconvenient forum. Nothing herein limits PHOTOGRAPHER from proceeding against CLIENT to enforce the terms of this Agreement in any other jurisdiction.
20. This contract supersedes any contract CLIENT may have signed and/or entered into with any prior Vendor. In the event that ANY vendor requests photos for commercial use, CLIENT agrees to notify PHOTOGRAPHER immediately and shall not, under any circumstance provide Vendor with ANY images without obtaining express permission from PHOTOGRAPHER.
Agreement
By signing, CLIENT admits to having read the Agreement and understands each of the terms and agrees to all terms.
Something Special Photography
Accident Waiver and Release of Liability
Chrystal Deyette and/or Something Special Photography is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release Chrystal Deyette, Something Special Photography, employees and/or volunteers, representatives, agents, and the activity holders, sponsors, and volunteers, land owners, property owners, building owners and anyone associated with ownership and/or management of location of photography and/or videography, from any claims against their person or their business.
I HEREBY ASSUME ALL THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity.
In consideration of my application and permitting me to participate in this activity, I hereby act for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Something Special Photography, Chrystal Deyette, employees and/or volunteers, representatives, agents, and the activity holders, sponsors, and volunteers, land owners, property owners, building owners and anyone associated with ownership and/or management of location of photography and/or videography.
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this, and the above paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
I acknowledge that Something Special Photography and their directors, officers, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers, land owners, property owners, building owners and anyone associated with ownership and/or management of location of photography and/or videography are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
I acknowledge that this activity may involve a test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, wildlife, livestock and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns.
The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.