Terms of Use
Collectively, all people or businesses entering this Agreement will be referred to as the “Parties.”
Purpose of the Agreement
Client wishes to hire Vendor to provide services relating to Client’s photography session as detailed in this Agreement. Vendor has agreed to provide such services according to the terms of this Agreement.
Terms
Services
Vendor shall provide Client with the following services and/or products (“Services”):
Vendor shall deliver Services to Client at the agreed-upon location.
Delivery of Services
Vendor will provide all Services on or by 15 business days after the photography session unless otherwise specified in this Agreement.
Cost, Fees, and Payment
The total cost (“Total Cost”) for all services is due in full before the session start. Client shall pay the Total Cost to Vendor as follows:
The first payment is a non-refundable retainer, 50% due upon booking. At a minimum, the client agrees that the retainer fee fairly compensates Vendor for committing to provide the agreed-upon services and turning down other potential projects/clients. The remaining balance is due on the date of the shoot, before the session start.
Exclusivity
Client understands and agrees that he or she has hired Vendor exclusive of any other service provider. To provide a high level of satisfaction and quality of service, no other service providers, other than an assistant or third party that Vendor hires to complete the Services outlined in the Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in the agreement.
Intellectual Property
Permitted Uses of Product(s)
Vendor grants to Client a non-exclusive license of the product(s) produced with and for Client for personal use only so long as Client provide Vendor with attribution each time Client uses Vendor’s property. Personal use includes, but is not limited to, use within the following contexts:
-In photos on Client’s personal social media pages or profiles; or
-In personal creations, such as a scrapbook or personal gift; or
-In personal communications, such as a family newsletter or email, or holiday card.
Artistic Release
Client has spent a satisfactory amount of time reviewing Vendor’s work and has a reasonable expectation that Vendor will perform the Services in a similar manner and style unless otherwise specified in the Agreement.
Consistency
Vendor will use reasonable efforts to ensure Client’s desired Services are produced in a style and manner consistent with Vendor’s current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
-Every client and wedding is different, with different tastes, budgets, and needs;
-Photography services are often a subjective art and Vendor has a unique vision, with an ever-evolving style and technique;
-Vendor will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
-Although Vendor will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with Services, Vendor shall have the final say regarding the aesthetic judgment and artistic quality of the Services;
-Dissatisfaction with Vendor’s aesthetic judgment or artistic ability is not valid reasons for termination of the Agreement or request of any monies returned.
Limit of Liability
Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to the Agreement or Services provided in the Agreement are not to exceed half of the Total Cost of Services provided by Vendor.
Loss of Product
If any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Vendor shall refund Client a pro-rated portion of the Total Cost based on the number of Services that were completed/provided against the number of Services that were agreed to be completed/provided.
Indemnification
Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action arising out of or related to Services and/or products Vendor provides to Client.
Cancellation, Rescheduling, and No-Shows
If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, such as failure for the photography session to occur or failure of one or more essential parties to the photography session to show up on time, Client shall provide notice to Vendor as soon as possible via the Notice provisions detailed in the Agreement. Vendor has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client), and Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for canceled Services, rescheduled Services, failing to show up for the photography session, or should it become impossible for Vendor to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.
Impossibility
Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
-An act of God (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or
-War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Failure to Perform Services
In the event Vendor cannot or will not perform its obligations in any or all parts of the Agreement, it (or a responsible party) will:
-Immediately give Notice to Client via the Notice provisions detailed in the Agreement; and
-Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
-Excuse Client of any further performance and/or payment obligations in the Agreement.
General Provisions
Severability
If any portion of the Agreement is deemed to be illegal or unenforceable, the remaining provisions of the Agreement remain in full force.
Notice
Parties shall provide effective notice (”Notice”) to each other email at the date and time which the Notice is sent.
Merger
This Agreement constitutes the final, exclusive agreement between the parties relating to the photography session and Services contained in the Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in the Agreement are expressly merged into and superseded by the Agreement.
Amendment
The parties may amend the Agreement only by the parties’ written consent via proper Notice.
Appropriate Conduct/SafeWorkingEnviroment:
The Client(s) expressly agree(s) to take best efforts to provide [Vendor] and Vendor’s staff with a safe and appropriate professional relationship. In the event of circumstance deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to [Vendor] staff, [Vendor] will make reasonable efforts to notify the Client(s). If the Client(s) is/can respond to the threatening situation in a reasonable amount of time, [Vendor] shall resume work following the original terms of the Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold [Venodr] harmless as a result of incomplete services under the Agreement, or for a lapse in the quality of the [Venor’s] work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether [Vendor] resumes work detailed in the Agreement.
Release:
For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby authorize Holland Hues permission to use my likeness in a photograph, video, or other graphics in any and all of its publications, including but not limited to all Holland Hues’s printed and digital publications. I understand and agree that any photograph, video, or other graphics using my likeness will become the property of Holland Hues and will not be returned. I acknowledge that since my participation with Holland Hues is voluntary, I will receive no financial compensation. I hereby irrevocably authorize Holland Hues to edit, alter, copy, exhibit, publish or distribute this photo for purposes of publicizing Holland Hues’ programs or for any other related, lawful purpose. In addition, I waive the right to inspect or approve the finished product, including a written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph. I hereby hold harmless and release and forever discharge Holland Hues from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may because of this authorization.