ENTIRE AGREEMENT: This agreement contains the entire understanding between silent h photography and The CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. 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 agreement to waive one or more provisions of this agreement or 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.
RESERVATION: A signed contract and retainer fee of $50 are required to reserve the dates and times of the SESSION or EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to silent h photography. The CLIENT shall also be responsible for payment for any of silent h photography’s materials charges incurred up to time of cancellation.
EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the SESSION/EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from silent h photography by the CLIENT.
SAFETY: silent h photography reserves to right to terminate coverage and leave the location of the SESSION/EVENT(S) if the photographer from silent h photography experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the SESSION/EVENT(S); or in the event that the safety of the photographer from silent h photography is in question.
SHOOTING TIME / ADDITIONS: The CLIENT and silent h photography agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the SESSION/EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all venue photographer fees, travel, accommodation, and transport costs unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the SESSION/EVENT location(s) and silent h photography’s studio address. For all SESSION/EVENT(S), the first 50 miles roundtrip of travel are included. All miles in excess of 50 miles roundtrip are charged at $.60 per mile.
RESPONSIBILITIES: silent h photography is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to silent h photography, rendering of decorations, or restrictions of the locations. silent h photography is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. silent h photography is not held liable for missed coverage of any part of the SESSION/EVENT(S). silent h photography will not be held accountable for failure to deliver images of any individuals or any objects at the SESSION/EVENT(S).
VENUE AND LOCATION LIMITATIONS: silent h photography is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on silent h photography. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; silent h photography will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which silent h photography will be performing services. Should there be a “photographer fee” at any location, The CLIENT is responsible for payment to the venue.
FILM and COPYRIGHTS: The photographs produced by silent h photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicitly written permission. If the CLIENT has purchased an “Digital Image DVD” from silent h photography, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an “Digital Image DVD” from silent h photography, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to silent h photography. The CLIENT must obtain written permission from silent h photography prior to publishing or selling the photographs.
MODEL RELEASE: The CLIENT hereby assigns silent h photography the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from silent h photography is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of silent h photography, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the SESSION/EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the silent h photography’s control, including but not limited to camera, hard drive, or equipment malfunction, silent h photography’s liability is limited to the return of all payments received for the SESSION/EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. silent h photography is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: silent h photography is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the silent h photography.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of silent h photography.
PAYMENT SCHEDULE: The aforementioned $50.00 non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full prior to or the day of the SESSION/EVENT(S). In the event the CLIENT fails to remit payment as specified, silent h photography shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the SESSION/EVENT(S). Returned checks will be assessed a $30.00 non-sufficient funds fee.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the 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 silent h photography.
