1. DEPOSIT/PAYMENT
The Client shall pay to Jamie Benjamin Photography (hereinafter the “Photographer”) a deposit fee of 50% of the total in exchange for its reserving the Event Date(s) for the Client’s benefit. The deposit is due at the signing of this contract as it is the only way the photographer is legally bound to hold the event date/time. The Photographer will send an electronic invoice to Client, which must be paid within 10 days. In the event of cancellation by the Client, the deposit is NON-REFUNDABLE. The deposit shall be applied toward the total cost of services rendered, and the balance will be due 30 days prior to the Event. (The Photographer will again send an electronic invoice to Client 15 days prior to the due date.) The Photographer will not produce finished work to the Client unless and until the Client pays the remaining balance in full.
2. PERFORMANCE
Although every possible care will be taken to produce quality photographs, the Photographer cannot place an unconditional guarantee on the above. The Photographer will not be held responsible for harm caused by circumstances outside the Photographer’s control including, but not limited to, weather conditions, scheduling errors, a lack of cooperation on the part of the Client, its agents, or subject(s), or the Photographer’s serious injury, illness or accident. The Photographer will not be responsible for lost photograph opportunities. In the event the Photographer is forced to cancel its performance under this agreement, all amounts paid by the Client will be refunded in full. The Photographer will submit work ordered to the Client within 60 days of the Event. Optional: The Client has 30 days to produce one list of additional edits to the Photographer, and the Photographer has an additional 30 days to produce final edited images. Edits submitted after 30 days are subject to a reprocessing fee (determined at the time of the request).
3. CANCELLATION
If the Event is cancelled within 30 days of the Event Date(s), the Client shall pay the remaining balance due to the Photographer under this agreement. Once the balance is paid, it is NON-REFUNDABLE. Cancellation must be provided in writing (via email) even if a phone call was made to inform the Photographer of the cancellation.
4. CHANGE OF DATE OR VENUE
The Client must provide the Photographer with written notice (via email) of any Event changes with respect to time, date, or location at least one week prior to the Event Date(s). Changes in date(s) will result in a $500 rebooking fee. Changes in location carry no fee if the new location is fifteen miles or less from the original location. Each additional mile after fifteen miles will carry a surcharge of $1 per mile.
5. EXPENSES/MEALS
The Client is responsible for paying all location fees and obtaining all permits. Travel expenses including, but not limited to, parking, tolls, airfare, hotel, and shipping fees will be billed to the Client after the Event. The Client will provide the Photographer and its agents with a meal if the Event exceeds 5 hours in duration.
6. CREATIVE LICENSE
The Photographer will take reasonable direction only from the Client. All images are edited at the Photographer’s discretion, and delivered images may not include all images captured. The Photographer will edit and deliver only those photographs deemed creditable as professional in quality and meeting the Photographer’s artistic standards.
7. MODEL RELEASE
Client hereby grants to Photographer unrestricted rights to use and publish photographs. Photographer reserves the right to use images for display, trade, publication, advertising, photographic competitions, or other purposes. Client releases all claims to profits that may arise from use of images.
8. COPYRIGHT
The Photographer owns and retains the copyrights for all photographs produced under this agreement and may sell images for profit. The Client may not sell the images produced under this agreement for profit.
9. RELEASE FROM LIABILITY
Client releases and discharges Jamie Benjamin Photography, its owner, and agents from all claims, demands, and damages to Client or Client’s property. Client covenants not to sue any of the aforementioned parties who through negligence might otherwise be liable to Client or Client’s agents.
10. SUMMARY
This agreement contains the entire understanding between the Photographer and the Client. This agreement may be modified only upon the signed, written consent of both parties. The Client must notify the Photographer in the event of change of address or contact information. In the event any portion of this agreement is found to be voidable or void by a court of competent jurisdiction, the offending portion shall be severed from the remainder of the agreement. The remainder of the agreement shall continue to apply to the parties in full force. Should the Photographer waive a provision, it by no means waives any other part of this agreement.