Agreement
Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract, known as "Client", agree that Jodi Renée, known as "Photographer", shall provide services to photograph their portrait session and related events to the best of her abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of the Province of Ontario shall govern this contract. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
Reschedule: In the event that Client reschedules the session and Photographer is able to rebook the session within three months of original session date, Client will receive credit for all monies already paid. A new contract may be required. The new session price will reflect pricing in effect when the date change occurs. In the event that Client reschedules the session and Photographer is not able to rebook within three months of original session date, Client forfeits the session fee.
Release of Liability:
By signing this agreement you are waiving certain legal rights.
*****PLEASE READ CAREFULLY*****
If Photographer or her agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if she cannot provide another competent professional, all money received by Photographer, minus expenses, will be returned to Client, and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
Without limiting the generality of the foregoing and except as set out in this paragraph, the Client hereby releases the Photographer from any and all liability for any loss, damage, injury or expense that the Client may suffer as a result of entering into this agreement and retaining the Photographer, due to any cause whatsoever, including, without limitation, negligence, gross negligence, breach of contract, and breach of statutory duty of care on the part of the Photographer. The Client also acknowledges and agrees that the Photographer shall have no liability whatsoever to the Client for any special, incidental, indirect, or consequential loss or damage of any kind, whether in contract or in tort including negligence and gross negligence or based upon any other legal or equitable theory/claim
Photo Discs: Upon receipt of a photo DVD or download transfer, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client's responsibility to make sure that digital files are copied to new media as required.
Pricing: Services or merchandise not included in this initial contract will be sold at current price when an order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from Photographer. All print/album credits and sessions must be used within 30 days of web gallery posting or photographer may substitute a product of reasonable value to fulfill any outstanding credit balance.
Responsibilities: Unless agreed upon in advance, Jodi Renée or her agent shall be the exclusive photographer retained for the session/event. Photographer may bring an assistant(s) at her discretion. Videographers and other vendors as well as semiprofessional photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions. Photographer is not responsible for compromised coverage due to causes beyond her control such as weather conditions or schedule complications. Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage.
Indemnity: "The Client shall indemnify and save the Photographer harmless from and against any and all claims of any nature and kind whatsoever made against the Photographer by any third party, including, without limitation, any guest at the session or the owner of the property at which the session/event was located, in relation to the ownership, use, reproduction, or otherwise, of any photographs taken by the Photographer hereunder in accordance with the terms of this agreement.”
Coverage: Photographer will provide session for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement prior to the session/event day and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be guaranteed. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
Image Processing/Printing: Unless agreed upon prior to any editing work, high-resolution discs and/or proof sets may contain a mixture of color, black and white, and selective color images. An alternately colored version of a photo may be purchased at the current rate. Color correction and/or retouching are included at Photographer's discretion. Client may request further changes for an additional charge. Photographer is not responsible for any prints that are not ordered directly from her. For best results, clients with the high-resolution files should order their prints through a reputable lab.
Model Release: This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Jodi Renée. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
Copyright: all photographs taken by [Jodi Renée] hereunder are her sole and exclusive property, and shall remain her sole and exclusive property and are hereby protected by Canadian copyright laws. The client hereby waives any claims for ownership, income, editorial control, use of the images, and any and all moral rights the client may have relating to the photographs and/or the images thereon. Violators of this Federal Law will be subject to its civil and criminal penalties.
Reproduction: Client agrees to purchase prints directly from Photographer unless in possession of high resolution digital files. Client agrees not to scan, copy or reproduce images in any manner without written permission. If high resolution digital files are purchased, a written release will be supplied with those files. The release grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published. Client further agrees not to supply images to any third parties.
Artistic Style -- On its own behalf, and on behalf of the subject: Client acknowledges that it is familiar with the Photographer’s portfolio and is requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the photos may be different from photographs taken by the Photographer in the past; and that in creating the photos, the Photographer shall use her personal artistic judgement to create images consistent with her personal vision of the Event, which vision may be different from the Client’s and /or the Subject’s vision of the Event. Accordingly, Client acknowledges that the Photos shall not be subject to rejection on the basis of taste or aesthetic criteria.
I have read, understand and agree to the terms and conditions of this Agreement. The person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement. This agreement shall ensure to the benefit of and be binding upon the successors and assigns of the parties hereto. *
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