CONTRACT DISCLAIMER FOR PHOTOGRAPHY
This Photography Contract (the "Contract") is made effective as of the date of service rendered on the clients calendar (the "Effective Date"), by and between the client whom we covered services on the date of the calendar and Treasured Prints.
DESCRIPTION OF SERVICES. Beginning on the date of service rendered (calendar date and time, Treasured Prints will provide to the client’s the following photography services (collectively, the "Services")
PERFORMANCE OF SERVICES. (1).Treasured Prints will use digital photography and color management consultancy knowledge to create good photographs for the client.
PAYMENT. (1). The client agrees to pay Treasured Prints, a sum of the amount listed on the calendar invitation and listed in the email communication between client and Treasured Prints in consideration of the photography services to be rendered by Treasured Prints. If we send our team to the location that has been accepted by you, the client. You will be required to pay for the first hour and will be billed if our team member who arrived at the location and was turned away.
CANCELLATION POLICY. A minimum of 72 hours notice will be required for cancellation of this Contract. Client will be charged a minimum value of a one hour shoot if the client fails to inform Treasured Prints of cancellation of shoot in less then 72 hours or when photographer arrives to agreed location.
TERM. Treasured Prints and the client agree that this Contract shall commence on the date agreed upon through email or phone communication and listed on the calendar invite. Client may add additional photography services beyond the amount at on the day of the event, if photographer is available. If such occurrence shall be made, client understands the contract extension on the day of the event is a verbal contract and shall be made as contractual on the day of the event. Client will receive a receipt through our square account if such extension was made.
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, products, or other information (collectively, the "Work Product") developed in whole or in part by Treasured Prints in connection with the Services will be the exclusive property of Treasured Prints. Upon request, Treasured Prints will execute all documents necessary to confirm or perfect the exclusive ownership of Treasured Prints to the Work Product.
COURTESY. The photography schedule and selected methodology are designed to accomplish the goals and wishes of the client as long as it is with in the guidelines of Treasured Prints services and offerings. The client and Treasured Prints agree that positive cooperation and punctuality are therefore essential.
Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, Treasured Prints nor their team members shall not be liable for any amount in excess of the retail value of the Client’s order.
WARRANTY. Treasured Prints 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 standards in Treasured Prints community and region, and will provide a standard of care that are with in the Treasured Prints abilities.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract and the event will be cancelled immediately or photos will be retained by Treasured Prints until rectified:
The failure to make a required payment when due.
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.
The failure to make available or deliver the Services or requirements such as a permit or license in the time and manner provided for in this Contract.
The failure to accept a confirmed calendar date.
The failure for client to obtain any permits or licensing needed for the on site location of choice.
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. This Contract may only be superseded by an additional contract between Treasured Prints contract that is signed and dated between Treasured Prints and client.
We suggest you make a copy of this disclaimer for your records.