TERMS and CONDITIONS *
FOR THE PURPOSES OF THIS AGREEMENT THE TERM “PHOTOGRAPHER” WILL REFER TO JOEY PHOENIX PHOTOGRAPHY, AND “CLIENT” WILL REFER TO THE PERSON(S) WHOSE SIGNATURE(S) APPEAR ON THIS CONTRACT.
1. It is understood that the Photographer is the exclusive official photographer retained to perform the photographic services requested on this Contract. Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts, in the events of such substitution,
2. Photographer warrants that the photographer chosen to take the photographs shall be a competent professional.
3. No part of any order, including previews, will be delivered until the balance is paid in full.
4. The Photographer reserves the right to use the images created under this contract for advertising, display, publication, or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Photographer in the event of litigation arising from such use. Digital files and previews remain the exclusive property of the Photographer unless a shared copyright agreement is entered into.
5. This agreement between the Photographer and the Client permits a Limited Shared Copyright agreement allowing the Client to use the images delivered by the Photographer for social media and promotional purposes. Client has the ability to use the digital images to purchase prints and other merchandise from third parties if they so choose.
6. Upon signature, the Photographer shall reserve the time and date agreed upon. Unless the Photographers is able to replace the cancelled reservation, all sitting fees and deposits are non-refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
7. If the Photographer cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. The limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event that the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the client’s order.
8. The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
9. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.
RETAINER and PAYMENT
Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation retainer equal to 25% of the total photography fee. No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full within 10 days of the event date. In the event Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation. Unless the contract is canceled, the retainer fee shall be applied to the photography fee total.
Total Amount due is the amount discussed with photographer. Please make all checks payable to Joey Phoenix, Inc. and deliver to 39 Dunlap Street #2, Salem, MA 01970