The Photographer and Client agree that the Photographer is under no obligation to capture any specific moment(s), pose(s), or person(s) during the shoot that is not included in a list of suggested photo list submitted to the Photographer less than twenty-four (24) hours prior to the shoot. Please list any requested moment(s), pose(s), or person(s) in the space provided below.
If the Photographer is unable to perform the services of this contract due to any reason outside their personal control (i.e. fire, flood, casualty, act of God or terrorism, illness, or any other reason outside of the Photographer's expectation), the Client agrees to indemnify the Photographer for any loss, damage, or liability. In return, the Photographer will return all in-full payments made by the Client to the Photographer in relation to the Shoot.
The Client agrees to indemnify and hold harmless the Photographer for any liability, damage, or loss related to technological failure (i.e. failure of cameras, hard drives, and/or memory cards). The Photographer will take any and all reasonable steps to prevent data loss.
The Client understands and agrees that the Photographer may have cords, light stands, and other photography/video equipment at the location of the Shoot. The Client agrees to indemnify and hold harmless the Photographer for any damage, personal injury, or loss caused by this equipment. The Client further agrees to hold the Photographer harmless for any personal injury that may occur as the Client poses or works with the Photographer.
The Client understands and agrees that the Photographer may perform retouching of photos including blemish removal, creative effects, teeth whitening, and other forms of digital image editing. The Client also understands and agrees that the quality of a photograph and/or video is entirely subjective and the Photographer will strive to cater to the noted aesthetic preferences of the Client.
DUTIES OF THE CLIENT *
Unless otherwise noted, the Client will obtain all permissions necessary for the Photographer to take photos and/or film at the shoot. The Photographer has no duty to obtain the permission of reception centers, churches, commercial buildings, personal properties, or other locations to operate thereon. The Client understands and agrees that failure to obtain these permissions that may result in fines to the Photographer or which prevent the Photographer to provide services is not the fault, liability, or responsibility of the Photographer.
EXCLUSIVE PHOTOGRAPHER *
The Client understands and agrees that no other party than the Photographer may take pictures of any pose(s), lighting, or setups made by the Photographer for this can interrupt the Photographer's work and violates the Photographer's right to photograph/film the event. The client agrees to take responsibility for enforcing this agreement should the need arise.
Any dispute arising under or in any way related to this Contract shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association's commercial rules then in effect. The arbitration shall be conducted in the state of California (CA).
ENTIRE AGREEMENT *
This agreement constitutes a single integrated Contract expressing the agreement between the Client and the Photographer with respect to the subject matter hereof and supersedes all prior oral and written agreements and discussions with respect to the subject matter of the Shoot unless otherwise noted in the area provided at the bottom of this Contract.
AMENDEMENT & WAIVER *
This Contract and any provision contained may be amended, modified, supplemented, or waives only by a written document specifically identifying this Contact duly executed by each party or an authorized representative of such parties.
GOVERNING LAW *
This Contract is governed by the laws of the State of California (CA) and federal courts in that district. The Client and the Photographer agree to subject themselves to the laws of this state except as provided for in Arbitration. The Client and Photographer hereby waive the right to object to venue within this state.
If any part of this Contract is determined as invalid or unenforceable for any reason by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such a determination, such a decision shall not affect any other provisions hereof and the remainder of this Contract shall be in effect as though the void, invalid, or unenforceable provision had not been contained herein.