PORTRAIT SESSION AND/OR FORMAL EVENT PHOTOGRAPHY AGREEMENT WITH SCRIBBLED MOMENTS PHOTOGRAPHY

CLIENT'S FULL NAME: CLIENT'S FULL NAME: First Middle Last
MAILING ADDRESS MAILING ADDRESS
Street Address Address Line 2 City State / Province / Region Postal / Zip Code Country
PRIMARY PHONE NUMBER: PRIMARY PHONE NUMBER: - ### - ### ####
SECONDARY (2ND) PHONE NUMBER:

**THIS MUST BE DIFFERENT IN CASE WE CANNOT REACH YOU!** SECONDARY (2ND) PHONE NUMBER:

**THIS MUST BE DIFFERENT IN CASE WE CANNOT REACH YOU!** - ### - ### ####
PRIMARY EMAIL:
SECONDARY (2ND) EMAIL:

**THIS MUST BE DIFFERENT IN CASE WE CANNOT REACH YOU!**

IF YOU SUBMIT THE **SAME** EMAIL, YOU WILL BE ASKED FOR *ANOTHER* EMAIL ADDRESS. USE A SPOUSE'S, FIANCEE'S, OR PARENTS, IF NEEDED HERE.
TYPE OF PHOTOGRAPHY:

TYPE OF PHOTOGRAPHY: FAMILY MATERNITY ENGAGEMENT / 'SAVE THE DATE' ANNIVERSARY / COUPLE'S SHOOT HEADSHOTS FORMAL EVENT / PARTY CORPORATE EVENT GRADUATION EVENT COVERAGE FASHION SHOW GALA EVENT CHARITY EVENT OTHER (PLEASE DESCRIBE): OTHER (PLEASE DESCRIBE):
NUMBER OF PERSON(S) TO BE PHOTOGRAPHED -or- GUEST NUMBER OF THE EVENT:
LIST THE **FULL NAMES** OF EVERYONE THAT WILL BE PHOTOGRAPHED AT THIS SESSION -or- THE MAIN PERSON(S) PHOTOGRAPHED AT THE EVENT
DATE THAT IT IS SCHEDULED FOR: DATE THAT IT IS SCHEDULED FOR: / MM / DD YYYY
START TIME: START TIME: : HH MM AM/PM
NAME OF VENUE \ NAME OF LOCATION:
GPS ADDRESS OF THE VENUE/LOCATION OF SESSION/EVENT: GPS ADDRESS OF THE VENUE/LOCATION OF SESSION/EVENT:
Street Address Address Line 2 City State / Province / Region Postal / Zip Code Country
WILL YOU HAVE MORE THAN ONE OUTFIT?
HOW MANY OUTFITS TOTAL?
FAMILIES:

USE THIS SPACE TO PROVIDE ME A LIST OF YOUR MUST-HAVE POSES THAT ARE INCREDIBLY IMPORTANT FOR YOU TO HAVE CAPTURED DURING THE SESSION/EVENT TIMEFRAME.

******GREAT USE FOR LARGE FAMILIES********

FOR EXAMPLE:
1.) ANA, JOSE
2.) ANA, JOSE, WALTER, ZOEY
3.) JOSE, ZOEY
4.) ALL THE CHILDREN TOGETHER
5.) GRANDPA WITH CHILDREN
6.) GRANDPA, GRANDMA, CHILDREN
7.) GRANDMA WITH CHILDREN
8.) ....

IF YOU SIMPLY WANT TO LET THE PHOTOGRAPHER WORK THEIR MAGIC AS NORMAL, YOU CAN SIMPLY WRITE "N/A" IN THE FORM.

WE JUST WANTED TO PROVIDE A SPACE TO CLIENTS TO BE ABLE TO LIST ANY IMPORTANT ****FAMILY**** POSES.
IS THERE ANYTHING YOU THINK WE SHOULD KNOW BEFORE THE SESSION/EVENT OR ANYTHING YOU WANT TO SHARE WITH ME ABOUT YOU AND/OR YOUR SESSION/EVENT:
IF WE POST A 'SNEAK PEEK' OR SHARE ON OUR SOCIAL MEDIA, SHARE YOUR "@" SOCIAL MEDIA HANDLES BELOW AND WE'LL BE SURE TO SHARE WITH YOU:

FOR EXAMPLE
-----------
ON INSTAGRAM, OUR OWN HANDLE IS:
@SCRIBBLEDMOMENTSPHOTOGRAPHY

WHAT ARE YOURS?
EMERGENCY CONTACT INFORMATION
EMERGENCY CONTACT NAME:

**CANNOT BE THE CLIENT*** EMERGENCY CONTACT NAME:

**CANNOT BE THE CLIENT*** First Last
EMERGENCY CONTACT'S PHONE NUMBER: EMERGENCY CONTACT'S PHONE NUMBER: - ### - ### ####
EMERGENCY CONTACT'S EMAIL ADDRESS:
PORTRAIT/SESSION/EVENT PHOTOGRAPHY AGREEMENT WITH SCRIBBLED MOMENTS PHOTOGRAPHY

YOUR PORTRAIT/SESSION/EVENT PHOTOGRAPHY SERVICE(S) AND PRODUCT(S) WILL ONLY INCLUDE AND ARE SOLELY LIMITED TO THE FOLLOWING THREE (3) ITEMS:

1. \\ ELECTRONIC DOWNLOAD OF EDITED IMAGES:

YOU WILL RECEIVE YOUR COMPLETED, EDITED, HIGH-RESOLUTION DIGITAL JPEG IMAGES ON A DIGITAL DOWNLOAD ELECTRONICALLY. YOU WILL ALSO RECEIVE A ‘PRINT RELEASE’ STATEMENT WITH YOUR IMAGES. YES, YOU MAY HAVE PERSONAL PRINTING RIGHT TO PRINT YOUR IMAGES AT ANY RETAILER OF YOUR CHOICE.

2. \\ ONLINE GALLERY:

TO MAKE SHARING, VIEWING, DOWNLOADING, AND PRINTING SUPER-EASY, WE WILL UPLOAD THE PHOTOGRAPHS FOR AN ONLINE GALLERY. GALLERIES ARE HOSTED ONLINE FOR YOU FOR THIRTY (30) CALENDAR DAYS.

3. \\ ADDITIONAL PRODUCT(S) LISTED ON YOUR RESERVED PRICING GUIDE UNDER YOUR COLLECTION:

IF THERE ARE ANY ADDITIONAL PRODUCT(S) OR SERVICE(S) LISTED UNDER YOUR PURCHASED COLLECTION, THOSE ITEMS WILL BE PROVIDED WITHIN ONE (1) CALENDAR YEAR OF CAPTURE OF THE SESSION(S)/EVENT(S).

-------------------------

 THIS AGREEMENT IS ENTERED INTO AS OF THE DATE THIS FORM IS SUBMITTED ELECTRONICALLY BETWEEN

(A) SCRIBBLED MOMENTS PHOTOGRAPHY OF FLORIDA, INC., EMAIL: SCRIBBLEDMOMENTSPHOTO@GMAIL.COM, (HEREINAFTER REFERRED TO AS THE “SUPPLIER”); AND

(B) THE CLIENT(S) LISTED ABOVE IN THIS ELECTRONIC FORM (HEREINAFTER REFERRED TO COLLECTIVELY AS THE “CLIENT(S)”).

CLIENT(S)’S SESSION(S)/EVENT(S) WILL TAKE PLACE AT THE LOCATIONS LISTED ABOVE ON THIS ELECTRONIC FORM.

THIS CONTRACT GOVERNS ALL AGREEMENTS, RIGHTS AND OBLIGATIONS BETWEEN SUPPLIER AND CLIENT(S) WITH RESPECT TO THE CREATION OF CERTAIN IMAGES.

“IMAGES” MEANS THE SUPPLIER’S FINISHED AND EDITED PHOTOGRAPHS OF THE EVENT, BUT DOES NOT INCLUDE RAW MATERIALS. “EDITING” IS THE PROCESSING OF THE IMAGES IN DIGITAL FORMAT (NOT FILM), AT THE SOLE DISCRETION OF THE SUPPLIER. WHILE EDITING INCLUDES MINOR COLOR ADJUSTMENTS AND MINOR SKIN RETOUCHING, SUCH AS “LIGHT RETOUCHING” WITHIN THE SOFTWARE OF ADOBE LIGHTROOM, IT DOES NOT INCLUDE “PHOTOSHOPPING,” SUCH AS WEIGHT LOSS OR COSMETIC SURGERY OR REMOVAL OF ITEM(S).

FOR GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:

1. DESCRIPTION (DESCRIPTION OF SERVICE(S) AND OR PRODUCT(S) TO BE RENDERED).

THE SUPPLIER AGREES TO CREATE THE IMAGES IN ACCORDANCE WITH THE FOLLOWING SPECIFICATIONS:

A.) PROJECT TITLE AND DESCRIPTION OF IMAGES: CLIENT(S) LISTED ABOVE’S SESSION(S)/EVENT(S)’ PHOTOS;

B.) DATE OF SESSION(S)/EVENT(S) LISTED ABOVE;

C.) BASE SERVICE – SUPPLIER AGREES TO PROVIDE PHOTOGRAPHY OF EVENT ON THE ABOVE LISTED DAY ONLY. ALL PHOTOGRAPHY SERVICES WILL BE PERFORMED AND PROVIDED AT THE SOLE ARTISTIC DISCRETION OF THE SUPPLIER. CLIENT(S) ACKNOWLEDGES THAT SUPPLIER’S PRIMARY PHOTOGRAPHER IS A “PHOTOJOURNALISTIC” PHOTOGRAPHER AND ADHERES TO SAID STYLE. THE SUPPLIER AGREES TO PROVIDE EDITED IMAGES ONLY WITHIN SIX (6) WEEKS OF THE DATE OF THE SESSION(S)/EVENT(S) LISTED ABOVE. THE SUPPLIER WILL NOT PROVIDE ANY RAW OR UNEDITED IMAGES AT ANY TIME IN ANY SITUATION.

THE SUPPLIER IS NOT RESPONSIBLE FOR LOSS OF, OR INTERFERENCE WITH, THE PHOTOGRAPHY DUE TO RESTRICTIONS ON THE LOCATION, INCLUDING BUT NOT LIMITED TO, INTERFERENCE FROM SURROUNDING DEVICES, ACCESS LIMITATIONS, GUEST/AMATEUR PHOTOGRAPHERS, FLASH RESTRICTIONS, CHANGES IN LIGHTING CONDITIONS, AND THE LIKE.

2. FEE AND PAYMENT.

CLIENT(S) AGREES TO PAY THE FOLLOWING NON-REFUNDABLE RESERVATION FEE(S) OF PAYMENT LISTED IN THE EMAIL FROM THE SUPPLIER FOR THEIR TOTAL AMOUNTS AT THE TIME OF BOOKING AND RESERVATION. DURING THE PHONE, EMAIL, AND/OR IN-PERSON CONSULTATION/MEETING THE SUPPLIER PROVIDED A COLLECTION PRICING WITH A LA CARTE ATTACHED. THESE ARE THE SET PRICES. NO VERBAL DISCOUNTS WILL BE SUPPORTED OR WARRANTED BY THE SUPPLIER AT ANY TIME; ONLY WRITTEN IN EMAIL OR ATTACHED PDF PROVIDED BY THE SUPPLIER’S EMAIL DIRECTLY BEFORE BOOKING/RESERVATION AND BEFORE SIGNATURE OF THIS AGREEMENT.

PAYMENT TERMS:
THE NON-REFUNDABLE RESERVATION FEE DUE AT TIME OF RESERVATION OF SESSION(S)/EVENT(S) DATE – THIS AMOUNT DOES GO TOWARDS THE OVERALL TOTAL. FULL FINAL PAYMENT IS DUE FORTY (48) HOURS BEFORE THE START OF COVERAGE OF THE SESSION(S)/EVENT(S) OR A LATE FEE OF 25% (TWENTY-FIVE PERCENT) OF THE OVERALL TOTAL WILL APPLY TO THE ENTIRE TOTAL DUE ONCE PAYMENT IS LATE PER DAY THAT THE AMOUNT IS LATE.

THE SUPPLIER PREFERS PAYMENT VIA SQUARE CARD SERVICES (IN PERSON OR INVOICE) – THE SERVICE PROVIDES AN INSTANT RECEIPT VIA TEXT OR EMAIL TO THE CLIENT(S) FOR THEIR RECORDS.

ACCEPTABLE FORMS OF PAYMENT INCLUDE CASH, PERSONAL CHECKS, AND CREDIT CARDS ACCEPTED ONLY VIA SQUARE CARD SERVICES. NO WIRE TRANSFERS, PAYPAL ®, VENMO®, ZELLO®, SQAURE CASH APP ®, OR MONEY ORDERS ARE ACCEPTED.

IF PAYING BY CHECK OR CASH – THE CLIENT(S) MUST PROVIDE THE PAYMENT IN FULL AT LEAST FIVE (5) BUSINESS DAYS BEFORE THE START OF COVERAGE OF THE SESSION(S)/EVENT(S) TO ENSURE FUNDS ARE AVAILABLE FOR FULL PAYMENT.

UPON SIGNATURE AND RECEIPT OF THE NON-REFUNDABLE RESERVATION FEE, THE SUPPLIER RESERVES THE TIME AND DATE AGREED UPON FOR THE EVENT ON THE SUPPLIER’S CALENDAR.

THE CLIENT(S) AGREES TO CONFIRM THE SCHEDULE TWO (2) DAYS OR FORTY-EIGHT (48) HOURS PRIOR TO THE SESSION(S)/EVENT(S). NOTIFICATIONS OF ANY CHANGES IN SCHEDULE AND/OR LOCATIONS MUST BE MADE IN A TIMELY MANNER AND CONFIRMATION OF RECEIPT MUST BE OBTAINED FROM THE SUPPLIER BY THE CLIENT(S) IN A FORM OF AN EMAIL CONFIRMING SUCH CHANGES HAVE BEEN APPROVED. AN AUTOMATIC EMAIL RESPONSER MESSAGE FROM THE SUPPLIER IS NOT AT ANYTIME CONFIRMATION IN ANY FORM.

IN THE EVENT OF A TERMINATION OF THIS AGREEMENT BY THE CLIENT(S) OR IN THE EVENT OF THE CLIENT(S) HAVING TO CANCEL THE SESSION(S)/EVENT(S) FOR ANY REASON WHATSOEVER OR THE CLIENT(S) AT ANYTIME BEFORE OR DURING THE SESSION(S)/EVENT(S)’S SCHEDULED TIMEFRAME OF RESERVATION ON THE SUPPLIER’S CALENDAR RELINQUISHES/REMOVES PERMISSION TO PREMISE(S), LOCATION(S), AREA(S), OR VENUE(S) OF THE SESSION(S)/EVENT(S), OR THE CLIENT(S) FAILS TO PAY THE AMOUNT LISTED ABOVE AS “OWED” OR DOES NOT COMMUNICATE WITH THE PHOTOGRAPHER IN A TIMELY MATTER REGARDING THIS SESSION(S)/EVENT(S), THE CLIENT(S) AGREES THAT ALL DEPOSIT(S) AND FEE(S) AND PAYMENT(S) AND ANY AND ALL MONEY(IES) ALREADY PAID TO THE SUPPLIER AS OF THE DATE THE NOTICE OF TERMINATION AND OR CANCELLATION IS RECEIVED BY THE SUPPLIER WILL NOT BE REFUNDED AT ANY TIME. CLIENT(S) UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT SUPPLIER’S SERVICES ARE IN DEMAND AND THAT SUBSTANTIAL EFFORT, PLANNING AND RESERVATION OF TIME, AS WELL AS POTENTIAL DECLINING OF OTHER CONTRACTS AND/OR ENGAGEMENTS, MAY AND OR WILL RESULT FROM ENTERING INTO THIS AGREEMENT, AND THUS PRECISE LOSS OR DAMAGE FROM TERMINATION OF THE CONTRACT MAY NOT BE ASCERTAINABLE AND/OR PREDICTABLE, AND THUS ALL DEPOSIT(S) AND FEE(S) AND MONEY(IES) AND PAYMENT(S) COLLECTED WILL NOT BE REFUNDED DUE TO TERMINATION OR CANCELLATION OF THE EVENT FOR ANY REASON. NO REFUND OF ANY KIND WILL BE PROVIDED EVEN IF THE SESSION(S)/EVENT(S) IS CANCELLED OR THE DATE CHANGED – THE CLIENT(S) HAS THE OPTION TO MOVE THE SESSION(S)/EVENT(S) TO A NEW, AVAILABLE DATE ON THE SUPPLIER’S CALENDAR WITHIN NINETY (90) CALENDAR DAYS OF THE ORIGINAL DATE OF THE SESSION(S)/EVENT(S) ONLY ONCE (1 TIME).

SUPPLIER WILL NOT BE LIABLE FOR ANY DELAY IN PERFORMANCE OR INABILITY TO PERFORM DUE TO FORCE MAJEURE EVENTS, INCLUDING WITHOUT LIMITATION, ANY ACTS OF GOD, ACTS OR OMISSIONS OF THE CLIENT(S), DELAYS BY ANY GOVERNMENT AGENCIES, MAJOR EQUIPMENT FAILURE(S), SEVERE WEATHER CONDITION(S), HURRICANE(S), EARTHQUAKE(S), ANY NATURAL DISASTER(S), GOVERNMENT-ISSUED WARNING(S), GOVERNMENT-ISSUED WATCH(ES), GOVERNMENT-ISSUED EVACUATION(S), TROPICAL STORM WARNING(S), TROPICAL STORM WATCH(ES), HURRICANE WARNING(S), HURRICANE WATCH(ES), FLOODING, RIOT(S), FIRE(S), FLUCTUATION(S) AND/OR NON-AVAILABILITY OF ELECTRICAL POWER OR COMMUNICATION(S) EQUIPMENT, ACT(S) OF TERRORISM: WHETHER ACTUAL OR THREATENED, ACT(S) OF PUBLIC ENEMY, EPIDEMIC(S), PANDEMIC(S), VIRUS OUTBREAK(S), CURFEW(S), GOVERNMENT ISSUED SANCTION(S), GOVERNMENT-ISSUED STRIKE(S), GOVERNMENT-ISSUED QUARANTINE(S), GOVERNMENT-ISSUED STAY-IN-PLACE ORDER(S), GOVERNMENT-ISSUED STAY-AT-HOME ORDER(S), MASK AND/OR GLOVE(S) MANDATE(S) BY CITY, COUNTY, STATE, OR FEDERAL, ANY AND ALL TRAVEL RESTRICTION(S), NATIONALIZATION, GOVERNMENT-ISSUED MANDATE(S), EMBARGO, LABOR DISPUTE, INTERRUPTION OR FAILURE OF ELECTRICITY, CLIENT'S VENUE(S) CANCELLATION, CLIENT(S)' OWN CHANGE-OF-MIND ON ANY MATTER(S), AND/OR ANY OTHER ACT(S), OMISSION(S), AND/OR ANY OCCURRENCE BEYOND SUPPLIER’S REASONABLE CONTROL.

FAILURE OF THE CLIENT(S) TO PAY THE FULL FINAL PAYMENT PER THE PAYMENT TERMS LISTED ABOVE SHALL CONSTITUTE TERMINATION BY THE CLIENT(S) AND WILL CONSTITUTE THAT THE SUPPLIER HAS NO LONGER RENDER ANY SERVICE(S) AND/OR PRODUCT(S) FOR THE CLIENT(S), AND A 25% OF THE OVERALL TOTAL AMOUNT OF ALL SERVICES BEING PURCHASED LATE FEE BY THE SUPPLIER WILL BE CHARGED FOR EACH DAY THE PAYMENT IS NOT MADE COMPLETE BY THE CLIENT(S); REFERRED TO AS “LATE PAYMENT FEE(S)”. IF FINAL PAYMENT IS NOT RECEIVED ON OR BEFORE FORTY-EIGHT (48) HOURS BEFORE THE START TIME OF THE SESSION(S)/EVENT(S), SUPPLIER WILL NOT HAVE TO ATTEND, AND SHALL NOT BE EXPECTED TO ATTEND SESSION(S)/EVENT(S) AND OR CAPTURE AND OR DELIVER ANY IMAGES TO THE CLIENT(S). A $350.00 FEE WILL BE CHARGED FOR ANY RETURNED BANK CHECKS AND OR REJECTED PAYMENTS BY ANY BANKING INSTITUTION; REFERRED TO AS “RETURNED CHECK FEE”.

TERMINATION AND OR CANCELLATION OF THE SESSION(S)/EVENT(S) BY THE CLIENT(S) SHALL BE IN WRITING AND SENT BY ELECTRONIC MAIL (EMAIL) TO THE SUPPLIER AND THE SUPPLIER WILL ONLY ACCEPT ANY CANCELLATION ONCE ANY AND ALL FEE(S) ARE FULLY COLLECTED IN MONETARY PAYMENT. THE SUPPLIER'S EMAIL ADDRESS IS: SCRIBBLEDMOMENTSPHOTO@GMAIL.COM

3. MISCELLANEOUS (ENTIRE UNDERSTANDING BETWEEN BOTH PARTIES).

THIS AGREEMENT CONSTITUTES THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES, AND SUPERSEDES ALL PRIOR DISCUSSIONS AND UNDERSTANDINGS WITH RESPECT TO THE SUBJECT OF THIS AGREEMENT, WHETHER WRITTEN OR ORAL. ITS TERMS CAN BE MODIFIED ONLY BY AN INSTRUMENT IN WRITING SIGNED BY BOTH PARTIES. A WAIVER OF A BREACH OF ANY OF THE PROVISIONS OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A WAIVER OF ANY OTHER BREACHES OF THE SAME OR OTHER PROVISIONS HEREOF. THIS AGREEMENT SHALL BE BINDING UPON THE PARTIES HERETO AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, AND PERSONAL REPRESENTATIVES. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. IF ANY PROVISION OF THIS AGREEMENT IS HELD UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THAT PROVISION SHALL BE SEVERED AND SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINING PROVISIONS. THE PARTIES FURTHER AGREE THAT IN THE EVENT THAT AMBIGUITY OR QUESTION OF INTENT OR INTERPRETATION ARISES, OR IN THE EVENT OF ANY DISPUTE WITH RESPECT TO THE PROVISIONS HEREOF, THIS CONTRACT SHALL BE CONSTRUED AS IF DRAFTED JOINTLY BY ALL OF THE PARTIES, AND NO PRESUMPTION OR BURDEN OF PROOF SHALL ARISE FAVORING OR DISFAVORING ANY PARTY BY VIRTUE OF THE AUTHORSHIP OF ANY OF THE PROVISIONS HEREIN.

4. ASSIGNMENT (ASSIGNMENT OF MONIES PER THIS AGREEMENT).

SUPPLIER SHALL HAVE THE RIGHT TO ASSIGN MONIES DUE TO IT UNDER THE TERMS OF THIS AGREEMENT, BUT SHALL NOT MAKE ANY OTHER ASSIGNMENTS HEREUNDER.

5. LEGAL VENUE.

ANY LEGAL ACTION RELATED TO ANY DISPUTE BETWEEN CLIENT(S) AND SUPPLIER, INCLUDING ANY MATTER ARISING UNDER THIS AGREEMENT AND/OR RELATED TO SUPPLIER’S SERVICES OR IMAGES, SHALL BE BROUGHT ONLY IN PALM BEACH COUNTY, FLORIDA.

6. ADDITIONAL EXPENSES INCURRED.

CLIENT(S) AGREES TO REIMBURSE THE SUPPLIER FOR ALL REASONABLE EXPENSES INCURRED IN PERFORMING THIS AGREEMENT, WITHIN SEVEN (7) DAYS OF SUPPLIER’S REQUEST, PROVIDED THAT SUCH EXPENSES SHALL BE ITEMIZED AND SUPPORTED BY INVOICES, TO WHICH THE INVOICE THEN WILL HAVE A TWENTY-FIVE PERCENT (25%) LATE FEE ADDED TO IT ON THE 8TH DAY OF NON-PAYMENT. THE SUPPLIER WILL ALSO BE SEEKING LEGAL ACTION EFFECTIVE IMMEDIATELY WHICH WILL RESULT IN FURTHER FEE(S) AND COST TO THE CLIENT(S). CLIENT(S) IS RESPONSIBLE FOR ALL OUT-OF-POCKET EXPENSES SUCH AS PARKING, APPLICATION FEE(S), REGISTRATION FEE(S), PERMIT FEE(S), VALET FEE(S), ENTRY(IES), TOLL(S), AND OTHER EXPENSES DIRECTLY RELATED TO THE PHOTOGRAPHIC ASSIGNMENT. THE CLIENT(S) IS/ARE RESPONSIBLE FOR ACQUIRING ALL PERMITS, COUNTY/CITY/FEDERAL/STATE VENDOR APPLICATION/REGISTRATION FEE(S), ADMISSIONS, FEES, AND NECESSARY PERMISSION FOR ALL LOCATIONS AND VENUE(S) ON WHICH THE SUPPLIER WILL BE PERFORMING SERVICES. THE SUPPLIER WILL FILL OUT REQUIRED PAPERWORK FOR THE PROPER VENUE AGENCY/ADMINISTRATION FOR THE PERMIT, IF NEEDED; BUT THE CLIENT(S) ARE RESPONSIBLE FOR ANY AND ALL REGISTRATION FEE(S), ADMISSION FEE(S), AND PERMIT FEE(S) THAT WILL NEED TO BE COLLECTED.

IN THE EVENT THAT THE CLIENT(S) HAVE TO AND/OR WANT TO TERMINATE THIS CONTRACT AND/OR CANCEL THEIR WEDDING EVENT CONTRACT WITHOUT THE FULL MONETARY PURCHASE OF A ENTIRE SIGNATURE WEDDING COLLECTION, THE CLIENTS WILL BE BILLED FULLY FOR ANY APPLIED DISCOUNTS TO ANY SESSION(S), PORTRAIT(S), PRODUCT(S), TIMELINE(S), AND/OR SERVICE(S) THEY USED BEFORE TERMINATION OF THAT EVENT CAN BE FINALIZED BY THE SUPPLIER. THIS MONETARY AMOUNT WILL BE DUE IMMEDIATELY UPON RECEIPT OF THE ELECTRONIC INVOICE, AND WILL BE CONSIDERED LATE AFTER SEVEN (7) DAYS, TO WHICH THE INVOICE THEN WILL HAVE A TWENTY-FIVE PERCENT (25%) LATE FEE ADDED TO IT ON THE 8TH DAY OF NON-PAYMENT. THE SUPPLIER WILL ALSO BE SEEKING LEGAL ACTION EFFECTIVE IMMEDIATELY WHICH WILL RESULT IN FURTHER FEE(S) AND COST TO THE CLIENT(S).

7. ADDITIONAL CUSTOM ORDERS.

ADDITIONAL CUSTOM ORDERS (E.G. REPRINTS, ENLARGEMENTS, ALBUMS, ADDITIONAL “PHOTOSHOPPING” AFTER DELIVERY OF FINAL PRODUCT) MUST BE PAID IN FULL AT THE TIME OF ORDER BY CLIENT(S). IF ADDITIONAL HOURS ARE WORKED, PRODUCTS WILL NOT BE DELIVERED UNTIL PAYMENT FOR THOSE PRODUCTS AND SERVICES IS RECEIVED IN FULL.

8. COL/PERMITS/ADMISSION/FEES/PARKING/PERMISSION FROM VENUE(S)/VENDOR(S).

THE CLIENT(S) IS RESPONSIBLE FOR ACQUIRING ALL PERMITS, COUNTY/CITY/FEDERAL/STATE VENDOR APPLICATION/REGISTRATION FEE(S), DEPOSIT(S), ADMISSIONS, FEES, AND NECESSARY PERMISSION FOR ALL LOCATIONS AND VENUE(S) ON WHICH THE SUPPLIER WILL BE PERFORMING SERVICES. THE SUPPLIER CAN ONLY PROVIDE A GENERAL LIABILITY CERTIFICATE FROM THEIR INSURANCE COMPANY. A GENERAL LIABILITY CERTIFICATE IS THE ONLY FORM/PAPERWORK THAT THE CLIENT(S) AGREE TO THAT THE VENUE(S) AND OR VENDOR(S) WILL NEED FROM THE SUPPLIER. THE SUPPLIER WILL NOT AT ANY TIME PROVIDE, DISTRIBUTE, PAY, OR GIVE MONEY, CHECK(S), PAYMENT(S) TO ANY LOCATIONS AND VENUE(S) FOR SECURITY DEPOSIT(S), FEE(S), ADMISSION(S), PERMIT(S), OR PERMISSION(S) TO WORK OR BE PRESENT ON THE ON THE PREMISES FOR THE ASSIGNMENT.

9. PERMISSIONS TO PHOTOGRAPH (“HOUSE RULES”).

IT IS THE SOLE RESPONSIBILITY OF THE CLIENT(S) TO SECURE AND PROVIDE PERMISSION OF THE VENUE(S), PREMISE(S), LOCATION(S), AND AREA(S) OF THE SESSION/EVENT FOR THE SUPPLIER TO PHOTOGRAPH AT ALL TIMES FOR THE ENTIRELY OF THE SESSION(S)/EVENT(S). IF THE CLIENT RELINQUISHES/REMOVES ACCESS TO OR PERMISSION FROM THE VENUE(S), PREMISE(S), LOCATION(S), AND AREA(S) OF THE SESSION/EVENT FOR THE SUPPLIER TO COMPLETE CAPTURE OF THE SESSION(S)/EVENT(S), THEN THE SUPPLIER IS NOT RESPONSIBLE OR LIABLE IN ANY WAY TO THE CLIENT(S) FOR MISSED PHOTOGRAPHS, OPPORTUNITIES, AND OR CAPTURE. THE CLIENT(S) SHALL INSURE THE PLACEMENT OF THE INDIVIDUALS AND ANY DECOR SO AS TO NOT OBSCURE THE VIEW OF THE PHOTOGRAPHER. THE SUPPLIER WILL ATTEMPT TO ABIDE BY THE RULES OF THE VENUE(S), LOCATION(S), AND AREA(S) OF THE SESSION/EVENT IN REGARDS TO CAMERA PLACEMENT. MANY CITIES, COUNTIES, STATE AGENCIES AND PRIVATE VENUES/BUSINESSES ARE CHARGING A PHOTOGRAPHY PERMIT FEE. CLIENT(S) IS RESPONSIBLE FOR THE PAYMENT ALL SUCH FEES. IN THE EVENT CLIENT(S) FAILS OR REFUSES TO PAY IN FULL ANY SUCH PERMIT FEE DESPITE HAVING BEEN INFORMED BY THE SUPPLIER THAT SUCH FEE IS REQUIRED AND/OR HAS BEEN ASSESSED, CLIENT(S) IS RESPONSIBLE FOR FEE PLUS ANY AND ALL RELATED COSTS OR FINES IF APPLICABLE.

10. RESCHEDULING POLICY.

THE CLIENT(S) AND THE PHOTOGRAPHER CAN RESCHEDULE THE SESSION(S)/EVENT(S) AHEAD OF THE DATE OF THE SCHEDULED TO A NEW AVAILABLE DATE. RESCHEDULING IS ONLY FOR CLIENT(S) THAT RESCHEDULE TWENTY-FOUR (24) HOURS BEFORE THE START OF THE SESSION(S)/EVENT(S). RESCHEDULING ON THE SAME DAY OF THE SESSION IS A $100.00 FEE/PENALTY - PLAN AHEAD. EACH CLIENT WILL HAVE TWO (2) OPPORTUNITIES TO RESCHEDULE THEIR SESSION, UNLESS THE SESSION WAS A NO-SHOW. NO-SHOWS CANNOT BE RESCHEDULED AT ANY TIME.
***WEATHER DISCLAIMER: IF IT "MIGHT" RAIN OR BE CLOUDY - RESCHEDULE!!!! THE PHOTOGRAPHER CANNOT SHOOT IN RAINY, CLOUDY, OR BAD WEATHER DUE TO PROFESSIONAL EQUIPMENT THAT IS NOT WATER OR WEATHER ELEMENT PROOF. PLEASE RESCHEDULE TO AVOID CONFLICT WITH THE TIMEFRAME DUE TO WEATHER. RESCHEDULING HAPPENS FREQUENCY - WE ARE IN FLORIDA AND BAD WEATHER IS COMMON IN THIS REGION OF THE UNITED STATES.

11. NO-SHOW POLICY.

THE CLIENT(S) MUST BE ON TIME AND SHOW UP TO SCHEDULED TIME/DATE OF THE SESSION(S)/EVENT(S). A ‘NO-SHOW’ IS DETERMINED IF THE CLIENT IS MORE THAN 15 MINUTES LATE TO THE SESSION(S)/EVENT(S). IF THE CLIENT(S) IS(ARE) A NO-SHOW AND THE PHOTOGRAPHER HAS TAKEN THE PREPARATION, THE TRAVEL, AND THE TIME TO BE THERE FOR A ‘NO-SHOW’, THE SESSION(S)/EVENT(S) CANNOT BE RESCHEDULED. THIS WILL NOT AND CANNOT BE RESCHEDULED ANY WAY. DUE TO THIS SITUATION - ALL PAYMENTS/FUNDS/FEES/MONIES COLLECTED BY THE PHOTOGRAPHER IS COMPLETELY NON-REFUNDABLE AND THE SESSION(S)/EVENT(S) NOT TO BE RESCHEDULED AT ALL IN THE FUTURE REGARDLESS OF ANY EXCUSE AND OR REASON PROVIDED BY THE CLIENT(S).

12. SHOOTING TIME / ADDITIONS.

THE CLIENT(S) AND THE SUPPLIER 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(S) DOES NOT ARRIVE AT THE APPOINTED TIME FOR THE SESSION(S)/EVENT(S), SHOOTING WILL COMMENCE IMMEDIATELY FOR THE REMAINING SCHEDULED TIMEFRAME AND END AT THE SCHEDULED END TIME. ALL ADDITIONAL TIME BEYOND THE SCHEDULED END TIME WILL BE BILLED TO THE CLIENT(S) AT THE A LA CARTE RATE INVOICED TO THEM AFTER THE CONCLUSION OF THE SESSION(S)/EVENT(S). ANY PHOTOGRAPHS CAPTURED THROUGHOUT THE ENTIRE SESSION(S)/EVENT(S) CANNOT BE RELEASED TO THE CLIENT(S) UNLESS THIS AMOUNT IS PAID IN FULL BY THE CLIENT(S) TO THE SUPPLIER.

13. TERMINATION.

SUPPLIER MAY TERMINATE THIS AGREEMENT AT ANY TIME FOR CAUSE, WHICH INCLUDES BUT IS NOT LIMITED TO ANY BREACH OR FAILURE TO PERFORM BY CLIENT(S), ANY ARTISTIC DIFFERENCES, HARASSMENT, THREATS, SEXUAL HARASSMENT, PHYSICAL ABUSE, VERBAL ABUSE, FAILURE TO PAY, AN UNSAFE WORKING ENVIRONMENT, MISBEHAVIOR, INTERNET OR EMAIL ABUSE AND/OR RISK TO SUPPLIER, ITS STAFF AND/OR ASSOCIATES, THEFT OF EQUIPMENT, AND /OR RISK OF DAMAGE AND/OR DAMAGE TO SUPPLIERS EQUIPMENT. THE AGREEMENT WILL ALSO TERMINATE IN THE EVENT OF THE SUPPLIER’S BANKRUPTCY OR INSOLVENCY. CLIENT(S) WILL NOT BE ENTITLED TO ANY REFUND UPON SUCH TERMINATION. CLIENT(S) ACKNOWLEDGES THAT THE ABOVE TERMS OF THIS AGREEMENT ARE REASONABLY NECESSARY TO PROTECT THE LEGITIMATE INTERESTS OF SUPPLIER, AND THAT A BREACH OF ANY OF THESE TERMS MAY RENDER IRREPARABLE HARM TO SUPPLIER, AND THAT A REMEDY AT LAW FOR BREACH OF THE AGREEMENT MAY BE INADEQUATE, AND THAT SUPPLIER MAY THEREFORE BE ENTITLED TO SEEK ANY AND ALL EQUITABLE RELIEF, INCLUDING, BUT NOT LIMITED TO, INJUNCTIVE RELIEF, IN ADDITION TO ANY OTHER REMEDY THAT MAY BE AVAILABLE UNDER ANY APPLICABLE LAW OR AGREEMENT BETWEEN THE PARTIES.

14. NO THIRD-PARTY BENEFICIARIES.

THIS AGREEMENT DOES NOT CREATE RIGHTS IN FAVOR OF ANY OTHER PERSONS, INCLUDING BUT NOT LIMITED TO ANY PAYOR. IMAGES WILL ONLY BE PROVIDED TO CLIENT(S). COMMUNICATION REGARDING PRODUCT(S), AGREEMENT, AND SERVICE(S) WILL ONLY BE PROVIDED TO CLIENT(S) BY THE SUPPLIER.

15. COOPERATION.

THE PARTIES AGREE TO CHEERFUL, POSITIVE COOPERATION AND POLITE COMMUNICATION FOR THE BEST POSSIBLE RESULT WITHIN THE DEFINITION OF THIS ASSIGNMENT AND AGREEMENT. THE PHOTOGRAPHER IS NOT RESPONSIBLE IF KEY INDIVIDUALS FAIL TO APPEAR, PERMISSION TO PHOTOGRAPH ON PREMISE(S) IS REVOKED/REMOVED FROM THE SUPPLIER, OR COOPERATE DURING PHOTOGRAPHY SESSION(S)/EVENT(S) OR FOR MISSED IMAGES DUE TO DETAILS NOT REVEALED TO THE PHOTOGRAPHER IN ADANCE TO THE START OF THE COVERAGE OF THE SESSION(S)/EVENT(S).

16. EYE GLASSES.

THE PARTIES AGREE THAT EYE GLASSES ARE A REFLECTIVE SURFACE AND WILL PICK UP ON SOME LIGHT AND GLARE. PARTIES AGREE THAT THIS SITUATION IS COMPLETELY OUT OF THE CONTROL OF THE PHOTOGRAPHER IN THE CAPTURE OF THE PHOTOGRAPHS, AND NOT THE FAULT OF THE PHOTOGRAPHER. THE PARTIES AGREE THAT EVEN SOME EYE GLASSES THAT HAVE A SPECIAL COATING CAN STILL PICK UP OUR POWERFUL LIGHTING, ESPECIALLY IN STUDIO OR WITH EVENT LIGHTING. WE RECOMMEND REMOVING EYE GLASSES WHEN SAFETY POSSIBLE OR WEARING CONTACTS.

17. IMAGES AND COPYRIGHTS.

NEGATIVES AND OR DIGITAL IMAGES (HEREINAFTER COLLECTIVELY “IMAGES”) CREATED BY THE SUPPLIER AND OR SUBCONTRACTOR(S) REMAIN THE PROPERTY OF THE SUPPLIER. THE SUPPLIER HOLDS NO RESPONSIBILITY TO PROVIDE ALL THE IMAGES, INSTEAD THE SUPPLIER IS FULLY IN CHARGE BY THE CLIENT(S) TO CULL, DELETE, EDIT, ALTER, AND DELIVER THE IMAGES THE SUPPLIER SEES FIT FOR DELIVERY. IT IS ILLEGAL TO SELL, COPY, SCAN, OR REPRODUCE WITHOUT THE WRITTEN PERMISSION OF THE SUPPLIER. ANY IMAGES POSTED ON THE INTERNET MUST DISPLAY THE ‘SCRIBBLED MOMENTS PHOTOGRAPHY’ WATERMARK AT ALL TIMES. VIOLATORS OF THIS FEDERAL LAW WILL BE SUBJECT TO ITS CIVIL AND CRIMINAL PENALTIES. PERMISSION AND MODEL RELEASE IS HERBY GRANTED TO THE SUPPLIER TO USE ANY IMAGES CREATED UNDER THIS CONTRACT FOR PROFESSIONAL SAMPLES, DISPLAYS, INTERNET WEBSITE PAGES, ADVERTISING, EXHIBITIONS, PUBLICATION, CONTESTS, EDUCATION, AND ANY OTHER PURPOSE THE SUPPLIER DEEMS AN APPROPRIATE USE.

18. CREATIVE & ARTISTIC LICENSE.

IMAGES ARE EDITED AT THE SUPPLIER’S DISCRETION, AND DELIVERED PRINTS MAY NOT INCLUDE ALL IMAGES SHOT. THE SUPPLIER RESERVES THE CREATIVE RIGHT TO EDIT AND RELEASE ONLY THOSE DEEMED CREDITABLE AS PROFESSIONAL IN QUALITY AND WITHIN THE SUPPLIER’S ARTISTIC STANDARDS. IT IS PROHIBITED FOR THE CLIENT(S) OR ANY OTHER PARTIES TO MAKE ANY FURTHER CREATIVE EDITS OR APPLY ANY ‘FILTERS’ TO THE PHOTOGRAPHS ONCE THE IMAGES HAVE BEEN DELIVERED.

19. MODIFICATIONS.

ALL IMAGES WILL BE LIGHTLY EDITED BY THE SUPPLIER, AT THE FULL DISCRETION OF THE SUPPLIER ONLY BEFORE THE DELIVERY OF THE FINAL PRODUCT AND REVEAL OF THE FINAL PRODUCT. IF THE CLIENT(S) REQUESTS ADDITIONAL EDITING AFTER THE DELIVERY AND REVEAL OF THE FINAL PRODUCT, THEN ANY ADDITIONAL EDITS PER THE CLIENT(S)’ REQUEST WILL BE BILLED AT $25.00/PER IMAGE. INVOICE MUST BE PAID BEFORE FURTHER EDITING CAN BEGIN. ADDITIONAL EDITS WILL BE DELIVERED ELECTRONICALLY VIA EMAIL, FILE TRANSFER SERVICE, OR DROPBOX LINK TO THE CLIENT(S).

20. MODEL RELEASE.

THE SIGNING OF THIS AGREEMENT BY THE CLIENT(S) CONSTITUTES A COMMERCIAL MODEL RELEASE BY THE CLIENT(S) TO THE SUPPLIER. THE SUPPLIER WILL HAVE THE RIGHT TO MAKE REPRODUCTIONS INCLUDING BUT NOT LIMITED TO WEBSITE, PORTFOLIO SAMPLES, SELF-PROMOTION, BLOG EDITORIAL USE, EDUCATIONAL USE, MAGAZINE/PUBLICATION EDITORIAL USE, ADVERTISEMENT/MARKETING AND PROFESSIONAL COMPETITION WITHOUT FURTHER RELEASE AND WITHOUT COMPENSATION. THE SUPPLIER WILL NOT MAKE REPRODUCTIONS FOR OTHER COMMERCIAL USE WITHOUT FIRST OBTAINING THE WRITTEN PERMISSION OF THE CLIENT(S). CLIENT(S) WAIVES THE RIGHT OF TORT OR INVASION OF PRIVACY DUE TO ANY REPRODUCTIONS.

21. FINAL PHOTO PRODUCT.

THE SUPPLIER MAKES NO GUARANTEE, EITHER EXPRESSED OR IMPLIED, IN REGARD TO THE QUALITY OF THE IMAGES, BECAUSE THEY ARE SUBJECTIVE IN NATURE, AND IN ADDITION, MAY BE INFLUENCED BY MANY FACTORS BEYOND THE CONTROL OF THE SUPPLIER, ESPECIALLY DURING LIVE OR UN-STAGED SESSION(S)/EVENT(S). IT IS ALSO UNDERSTOOD THAT CLIENT(S) IS/ARE HIRING THE SUPPLIER FOR ITS TECHNICAL AND ARTISTIC EXPERTISE AND, THEREFORE, THE SUPPLIER RESERVES THE RIGHT TO EDIT THE IMAGES AS IT SEES FIT. THE SUPPLIER IS NOT LIABLE TO DELIVER EVERY IMAGE TAKEN AT THE EVENT. THE DETERMINATION OF IMAGES DELIVERED TO THE CLIENT(S) IS LEFT TO THE SOLE DISCRETION OF THE SUPPLIER. THE SUPPLIER DOES NOT GUARANTEE THAT EVERYONE INVOLVED IN THE EVENT WILL BE PHOTOGRAPHED OR WILL BE INCLUDED IN THE FINAL IMAGES.

THE CLIENT(S) AGREE THAT THE SUPPLIER CAN ONLY CAPTURE THE SESSION(S)/EVENT(S) THAT HAPPENS: WEATHER, ATTIRE, APPEARANCE OF PERSON(S), LOCATION, GUEST(S), PERSON(S), ACTION(S) BY PERSON(S), SCHEDULE COMPLICATION(S), TIME RESTRAINT(S), AND SUBJECT(S) ABILITY TO COOPERATE ARE ALL FACTOR(S) IN THE QUALITY OF THE PHOTOGRAPH(S). THE CLIENT(S) AGREE THAT THE SUPPLIER WILL NOT BE HELD LIABLE FOR PHYSICAL SIZE, TAN(S), LACK OF TAN(S), SKIN DISCOLORATION, HAIR, REMOVAL OF ITEM(S) FROM CAPTURED PHOTOGRAPH(S), TATTOO(S), BUMP(S), ACNE, BLACKHEAD(S), VISIBLE PORE(S), WHITE HEAD(S), SUN-BURN(S), ARTIFICIAL AND/OR NATURAL TAN(S) AND/OR BURN(S), PHYSICAL INJURY(IES) AND/OR BRUISE(S), SKIN BLEMISH(ES), RASH(ES), SKIN IRRITATION(S), BIRTH MARK(S), SKIN MARK(S), ODD EXPRESSION(S), LACK OF SMILE(S), AWKWARD FACE(S) MADE, AWKWARD BODY LANGUAGE, WEIGHT ISSUE(S), BODY APPEARANCE ISSUE(S), SELF-DOUBT(S), AND OR LACK OF SELF-CONFIDENCE IN ANY OF THE COMPLETED PHOTOGRAPHS PROVIDED TO THE CLIENT(S).

THE FINAL PRODUCT WILL INCLUDE NO 'PHOTO-SHOPPING' SERVICE(S); OR ALTERING OF ANY OF THE IMAGES PAST THE NORMAL ADOBE LIGHTROOM BASIC CHANGES SUCH AS ANY CROPPING (IF AND ONLY WHEN SUPPLIER DETERMINES IT IS NEEDED FOR THEIR VISION OF THE FINAL PRODUCT), STRAIGHTENING (IF AND ONLY WHEN SUPPLIER DETERMINES IT IS NEEDED FOR THEIR VISION OF THE FINAL PRODUCT), EXPOSURE BALANCE, TEMP BALANCE, COLOR SLIDER LEVELS, PRESET(S), BRUSH(ES), RADICAL FILTER(S), CLARITY, AND/OR NOISE, AMONG OTHER BASIC ADOBE LIGHTROOM CHANGES TO ACHIEVE THE SUPPLIER'S SIGNATURE LOOK FOR THE COMPLETED PHOTOGRAPHS. THE SUPPLIER RESERVES THE RIGHT TO CHOOSE TO ADD ONLY DIGITAL OVERLAY(S) TO IMAGES FOR DRAMATIC EFFECT IN SUCH SITUATIONS SUCH AS THE ‘GRAND SPARKLER EXITS’ WHICH CAN INCLUDE TOSEED CONFETTI, TOSSED ROSE PETALS, SPARKLERS, BUBBLES, AND THE LIKE FOR THE IMAGE'S FULL EFFECT IN POST-PRODUCTION AND OR SUNLIGHT DIGITAL OVERLAYS TO ENHANCE A GOLDEN SUN GLOW. THE SUPPLIER ALSO RESERVES THE RIGHT TO ADD DIGITAL OVERLAYS OVERAY(S) FOR SUNLIGHT, SKIES, GRADIENTS, OR WEATHER CLIMATES AND/OR CONDITION(S), AND THE LIKE FOR THE IMAGE'S FULL EFFECT IN POST-PRODUCTION BEFORE THE FINAL DELIVERY TO THE CLIENT(S).

THE CLIENT(S) IS/ARE AWARE THAT PUBLIC LOCATIONS ARE VERY CROWDED AND THEREFORE IMAGES MIGHT INCLUDE PERSONS AND OR OBJECT(S) IN THE BACKGROUND, FORE-GROUND, ON THE GROUND, AND/OR SIDE(S) OF IMAGE DUE TO THE USE OF THE LOCATION TO OTHER PERSON(S). THE SUPPLIER IS NOT RESPONSIBLE FOR CROWD(S) OR PERSON(S) IN THE IMAGES IN BOTH THE CAPTURE METHOD OR THE POST-PROCESSING OF THE METHOD.

THE CLIENT(S) IS/ARE AWARE THAT COLOR DYES IN PRINTED PHOTOGRAPHY MAY FADE OR DISCOLOR OVER TIME DUE TO THE INHERENT QUALITIES OF DYES, AND IT IS RECOMMENDED TO PLACE THE PHOTO(S) AND ALBUM(S), IF ANY ARE PURCHASED FROM THE SUPPLIER DIRECTLY, IN A DRY, COOL, SHADE AREA AND NEVER IN DIRECT SUNLIGHT IN ORDER TO MAXIMIZE THE ARCHIVE LIFE.

THE CLIENT(S) IS/ARE AWARE THAT DIGITAL FILES MAY BE CORRUPTED DUE TO INHERENT MEDIA DEFICIENCIES AND RANDOM INTERFERENCE. AFTER THE DELIVERY OF THE FINAL PRODUCT OF THE EDITED JPEG IMAGES TO THE CLIENT(S) FROM THE SUPPLIER, THE EDITED JEPG IMAGES PROVIDED TO THE CLIENT(S) ARE THE SOLE RESPONSIBILITY OF THE CLIENT(S) FOR SAKE-KEEPING AND LONGEVITY OF THE FILES. THE SUPPLIER ASSUMES NO RESPONSIBILITY IN MAINTAINING THE FILES AFTER FINAL DELIVERY TO THE CLIENT(S).

22. ADDITIONAL RE-TOUCHING/POST-PROCESSING/EDITING COSTS.

REQUESTS FOR CHANGES TO THE FINAL IMAGES, WHICH MUST BE SET OUT AND AGREED UPON IN WRITING, WILL BE SUBJECT TO AN ADDITIONAL RE-TOUCHING/POST-PROCESSING/EDITING SURCHARGE OF $25.00 PER IMAGE SINCE THE IMAGES WILL NEED ADDITIONAL, INTENSIVE EDITING BEYOND THAT DEFINED IN THIS AGREEMENT THAT IS PROVIDED WITH BY THE ADOBE LIGHTROOM SIGNATURE LOOK APPLICATION OF THE SUPPLIER'S TYPICAL WORK. CLIENT(S) DOES NOT, AT ANY TIME, HAVE THE RIGHT(S) TO EDIT, ALTER, CROP, OR CHANGE THE FINISHED IMAGE(S) AT ANY TIME. THAT RIGHT IS STRICTLY THAT OF THE SUPPLIER ONLY IN ANY AND ALL SITUATIONS. THE ADDITIONAL RE-TOUCHING/POST-PROCESSING/EDITING FEE OF $25.00 PER IMAGE WILL BE ELECTRONICALLY INVOICED TO THE CLIENT(S) AND WILL NEED TO BE PAID IN FULL BEFORE THE CLIENT(S) REQUEST OF ADDITIONAL RE-TOUCHING/POST-PROCESSING/EDITING CAN BEGIN.

23. BACKUP AND STORAGE OF MEDIA.

IT IS THE CLIENT(S)’ RESPONSIBILITY TO KEEP SEVERAL COPIES OF ANY DIGITAL FILES IN MORE THAN ONE LOCATION, AND FREQUENTLY BACK THE IMAGES UP ON ANOTHER FORMAT, SUCH AS A HARD DRIVE, FLASH-DRIVES, USBs, DIGITAL STORAGE MEDIA, AND OR COMPUTER(S). AFTER THE IMAGES HAVE BEEN DELIVERED TO THE CLIENT(S), THE SUPPLIER ASSUMES NO RESPONSIBILITY FOR MAINTAINING SAID IMAGES OR KEEPING ANY BACKUP COPIES ANYWHERE AT ANYTIME.

24. COPYRIGHT NOTICE.

COPYRIGHT NOTICE IN THE NAME OF THE SUPPLIER [I.E., SCRIBBLED MOMENTS PHOTOGRAPHY] SHALL ACCOMPANY THE IMAGES WHEN REPRODUCED FOR DIGITAL MEDIUM. ALL COPYRIGHTS, AS WELL AS ORIGINALS, WHETHER NEGATIVES OR DIGITAL, REMAIN THE SOLE PROPERTY OF THE SUPPLIER. IN THE EVENT THAT DIGITAL NEGATIVES ARE PROVIDED, THE SUPPLIER STILL RETAINS COPYRIGHTS ON THE PHOTOGRAPHS. RAW IMAGES SHALL NOT BE PUBLISHED OR REPRODUCED IN ANY WAY, SHAPE OR FORM. CLIENT(S) SHALL NOT AND AGREES NOT TO RETOUCH AND SHALL NOT HAVE ANY OTHER PERSON OR ENTITY RETOUCH THE IMAGES. CLIENT(S) SHALL NOT AND AGREES NOT TO EDIT, CROP, ALTER, APPLY ‘TRENDY’ APP OR QUICK EDIT TOOLS TO THE IMAGES AT ANY TIME.

THE FOLLOWING WORDING IS THE EXACT WORDING ON THE PERSONAL PRINT RELEASE THAT THE CLIENT(S) WILL BE RECEIVING WITH THEIR COMPLETED INTANGIBLE, DIGITAL DOWNLOAD OF IMAGES:

“THIS RELEASE GIVES SCRIBBLED MOMENTS PHOTOGRAPHY’S CLIENT(S) THE RIGHTS TO REPRODUCE AND PRINT HIGH-RESOLUTION IMAGES FOR PERSONAL USE ONLY. IMAGES MAY NOT BE USED FOR COMMERCIAL OR EDITORIAL PURPOSES WITHOUT WRITTEN CONSENT AND ADDITIONAL PURCHASE FROM SCRIBBLED MOMENTS PHOTOGRAPHY FOR THAT (THOSE) PARTICULAR RIGHTS. ACCORDING TO THE US COPYRIGHT LAW AND THE PHOTOGRAPHY AGREEMENT YOU SIGNED, SCRIBBLED MOMENTS PHOTOGRAPHY RETAINS FULL COPYRIGHT TO ALL IMAGES. THE IMAGES PROVIDED TO YOU ARE LICENSED TO YOU FOR PERSONAL PURPOSES ONLY, INCLUDING BUT NOT LIMITED TO: PRINTING, COPYING, EMAILING, AND WEB PUBLISHING. THIS PERSONAL PRINTING ONLY LICENSE DOES NOT INCLUDE USE THAT RESULTS IN FINANCIAL GAIN, INCLUDING BUT NOT LIMITED TO: ADVERTISING, STOCK PHOTOGRAPHY, PRINT SALE PROFITS, OR RESALE OF ANY NATURE. YOU MAY NOT UNDER ANY CIRCUMSTANCES ALTER, EDIT, OR CHANGE IMAGES WHICH INCLUDES BUT IS NOT LIMITED TO PHOTO EDITING, EDITING APPS, AND FILTER (SUCH AS ON INSTAGRAM). YOU MAY NOT EDIT, ALTER, OR CHANGE THESE PHOTOS IN ANY WAY. DO NOT APPLY EDITING FILTERS OR ANY CHANGES AT ANY TIME WITHOUT WRITTEN CONSENT AND PERMISSION FROM SCRIBBLED MOMENTS PHOTOGRAPHY. PLEASE ALWAYS GIVE CREDIT TO SCRIBBLED MOMENTS PHOTOGRAPHY WHEN POSTING ONLINE AND SHARING.

25. AUTHORSHIP CREDIT

AUTHORSHIP CREDIT IN THE NAME OF THE SUPPLIER (I.E., © SCRIBBLED MOMENTS PHOTOGRAPHY) SHALL ACCOMPANY THE IMAGES WHEN REPRODUCED.

26. USE OF IMAGES.

IMAGES ARE STRICTLY PRODUCED FOR CLIENT(S)’S PRIVATE HOME USE ONLY. CLIENT(S) ASSUMES ALL LIABILITY FOR ANY FORM OF COPYRIGHT INFRINGEMENT.

27. GRANT OF RIGHTS.

SUPPLIER HEREBY GRANTS TO THE CLIENT(S) THE FOLLOWING EXCLUSIVE RIGHTS TO USE THE IMAGES FOR USE AS (PERSONAL DEMO) FOR THE PRODUCT OR PUBLICATION. THESE RIGHTS SHALL BE WORLDWIDE AND FOR THE FULL LIFE OF THE COPYRIGHT AND ANY RENEWALS THEREOF UNLESS SPECIFIED TO THE CONTRARY HERE. ELECTRONIC RIGHTS GRANTED SHALL BE SUBJECT TO THE USAGE RESTRICTIONS SHOWN ABOVE. FOR PURPOSES OF THIS AGREEMENT, ELECTRONIC RIGHTS ARE DEFINED AS RIGHTS IN THE DIGITIZED FORM OF WORKS THAT CAN BE ENCODED, STORED, AND RETRIEVED FROM SUCH MEDIA AS COMPUTER DISKS, DVD MEDIA, COMPUTER DATABASES, AND NETWORK SERVERS. THE CLIENT(S) IS OBTAINING PRINTS AND DIGITAL IMAGES FOR PERSONAL USE ONLY INCLUDING NON-COMMERCIAL WEB SITES, AND SHALL NOT SELL SAID PRINTS OR AUTHORIZE ANY REPRODUCTIONS THEREOF BY PARTIES OTHER THAN THE SUPPLIER. IF ANY OF THE SUPPLIER'S IMAGES ARE PUBLISHED (ON THE WEB OR ANY OTHER MEDIA), PROPER PHOTO CREDIT SUCH AS “SCRIBBLED MOMENTS PHOTOGRAPHY” IS REQUIRED. IF CLIENT(S) IS OBTAINING A PRINT FOR NEWSPAPER ARTICLE OR ANY PUBLICATION DIGITAL OR PRINTED, THE SUPPLIER, AT THEIR DISCRETION, MAY AUTHORIZE CLIENT(S) TO REPRODUCE THE PRINT IN THE ABOVE MANNER.

28. OWNERSHIP OF PHYSICAL IMAGES AND STORAGE MEDIA.

THE OWNERSHIP OF THE PHYSICAL IMAGES IN THE FORM DELIVERED SHALL BE THE PROPERTY OF THE SUPPLIER. SKETCHES, RAW MATERIALS, AND OR ANY OTHER MATERIALS CREATED IN THE PROCESS OF MAKING THE FINISHED IMAGES SHALL REMAIN THE SOLE PROPERTY OF THE SUPPLIER. STORAGE MEDIA (SUCH AS COMPUTER DISKS, SERVERS, HARD DRIVES, AND DIGITAL CARDS) THAT CONTAIN ELECTRONIC COPY OF ANY OR ALL OF THE IMAGES SHALL BE THE SOLE PROPERTY OF THE SUPPLIER. ALL PHOTOGRAPHIC MATERIALS, INCLUDING BUT NOT LIMITED TO DIGITAL FILES, NEGATIVES, TRANSPARENCIES, PROOFS, AND PREVIEWS, SHALL BE THE EXCLUSIVE PROPERTY OF THE SUPPLIER.

29. INDEMNITY.

THE SUPPLIER REPRESENTS THAT IT IS THE SOLE CREATOR OF THE IMAGES AND OWNS ALL RIGHTS GRANTED UNDER THIS AGREEMENT, THAT THE IMAGES ARE AN ORIGINAL CREATION (EXCEPT FOR MATERIALS OBTAINED WITH THE WRITTEN PERMISSION OF OTHERS OR MATERIALS FROM THE PUBLIC DOMAIN), THAT THE IMAGES DO NOT INFRINGE ANY OTHER PERSON’S COPYRIGHTS OR RIGHTS OF LITERARY PROPERTY, NOR DO THEY VIOLATE THE RIGHTS OF PRIVACY, OR LIBEL, OF OTHER PERSONS. THE CLIENT(S) AGREES TO INDEMNIFY AND HOLD HARMLESS THE SUPPLIER AGAINST ANY CLAIMS, JUDGMENTS, COURT COSTS, ATTORNEY’S FEES, AND OTHER EXPENSES ARISING FROM ANY ALLEGED OR ACTUAL BREACH.

30. SATISFACTION & ACCURACY.

THE CLIENT(S) AGREES THAT THE WORK DELIVERED WILL BE OF A SIMILAR STYLE AND CALIBER TO THOSE PHOTOGRAPHS ON THE SUPPLIER’S WEBSITE AND BLOG, AND THAT THE SUPPLIER WILL HAVE COMPLETE CREATIVE CONTROL DURING THE PHOTOGRAPHS AND IN POST-PROCESSING. THE IMAGES WILL BE DELIVERED IN JPEG FORMAT IN BOTH COLOR AND ALSO IN BLACK + WHITE IMAGES, AND DEEMED APPROPRIATE BY THE SUPPLIER. NO RE-EDITING WILL BE DONE AFTER THE FINAL EDITED COPIES ARE PRESENTED TO THE CLIENT(S) UNLESS THE CLIENT(S) CHOSE TO ORDER ADDITIONAL RETOUCHING WITH FULL PAYMENT OF ADDITIONAL RETOUCHING CHARGES LISTED IN THIS AGREEMENT. THE CLIENT(S) AGREES THAT THE SUPPLIER CAN ONLY CAPTURE THE EVENT THAT HAPPENS: WEATHER, ATTIRE, LOCATION, GUESTS, PERSONS, ACTIONS BY PERSONS, SCHEDULE COMPLICATIONS, TIME RESTRAINTS, AND SUBJECTS ABILITY TO COOPERATE ARE ALL FACTORS IN THE QUALITY OF THE PHOTOGRAPHS. THE SUPPLIER WILL NOT EDIT FOR PHYSICAL SIZE, HAIR, REMOVAL OF ITEMS FROM CAPTURED PHOTOGRAPH, NOR ANY OTHER PHYSICAL APPEARANCE ISSUE. THE SUPPLIER IS A PHOTOJOURNALISTIC PHOTOGRAPHY COMPANY, AND THE SUPPLIER WILL CAPTURE THE SESSION(S)/EVENT(S) AS IT HAPPENS IN REAL-TIME WITH REAL-LIFE SITUATIONS THAT CANNOT BE PLANNED PERFECTLY OR PREDICTED IN ANY WAY.

31. CUSTOMER SERVICE.

CLIENT(S) AGREE THAT PROVIDING CUSTOMER SERVICE IN AN EXCELLENT MATTER IS SUBJECTIVE AND NOT ASCERTAINABLE DUE TO DIFFERENCE IN OPINIONS BY INDIVIDUALS. EXCELLENT AND HIGH-QUALITY CUSTOMER SERVICE IS DEFINED ONLY AS SUPPLIER ANSWERING EMAILS WITHIN SEVEN (7) BUSINESS DAYS. CUSTOMER SERVICE IS NOT A PRODUCT OR SERVICE LISTED ABOVE IN THE INCLUSION OF SERVICE(S) OR PRODUCT(S) THE CLIENTS ARE RECEIVING AND THEREFORE DO NOT MATTER AT ALL IN OVERALL DELIVERY OF ANY SERVICE(S) OR PRODUCT(S) AT ANY TIME. THE SUPPLIER RESERVES THE RIGHT TO STOP RESPONDING TO CLIENT(S) WHOM CANNOT BE FURTHER ASSISTED IN ANY WAY DETERMINED BY THE SUPPLIER AND THE SUPPLIER ALONE AFTER THE FINAL DELIVERY OF THE INCLUDED SERVICE(S) OR PRODUCT(S).

32. NON-DISPARAGMENT.

CLIENT(S) HEREBY AGREES THAT, DURING THE TERM OF AGREEMENT AND THEREAFTER, NEITHER HE OR SHE NOR ANY OF THEIR OFFICER(S), DIRECTOR(S), EMPLOYEE(S), AGENT(S), REPRESENTATIVE(S), SERVICE PROVIDER(S), FRIEND(S), FAMILY, GUEST(S), AND OR THEMSELVES WILL, AND IT WILL CAUSE EACH NOT TO, DIRECTLY OR INDIRECTLY, PRIVATE OR PUBLIC, IN ANY CAPACITY OR MANNER, MAKE, EXPRESS, TRANSMIT, SPEAK, WRITE, REVIEW, VERBALIZE, POST, PUBLISH, OR OTHERWISE COMMUNICATE IN ANY WAY OR CAUSE, FURTHER, ASSIST, SOLICIT, ENCOURAGE, SUPPORT OR PARTICIPATE IN ANY OF THE FOREGOING, ANY REMARK, COMMENT, MESSAGE, REVIEW, POST, PUBLICATION, INFORMATION, DECLARATION, COMMUNICATION OR OTHER STATEMENT OF ANY KIND, WHETHER VERBAL, IN WRITING, ELECTRONICALLY TRANSFERRED OR OTHERWISE, THAT MIGHT REASONABLY BE CONSTRUED TO BE DEROGATORY, NEGATIVE IN ANY WAY, NEUTRAL, AND OR CRITICAL OF, OR NEGATIVE OUTWARD, THE SUPPLIER OR ANY OF ITS AGENT(S), OFFICER(S), EMPLOYEE(S), STUDIO(S), OR REPRESENTATIVE(S), OR THAT REVEALS, DISCLOSES, INCORPORATES, IS BASED UPON, DISCUSSES, INCLUDES OR OTHERWISE INVOLVES ANY CONFIDENTIAL OR PROPRIETARY INFORMATION OF THE SUPPLIER OR ITS SUBSIDIARIES OR AFFILIATES, OR TO MALIGN, HARM, DISPARAGE, DEFAME OR DAMAGE THE REPUTATION OR STANDING OF THE SUPPLIER OR ANY OF ITS AGENT(S), OFFICER(S), EMPLOYEE(S), STUDIO(S), OR REPRESENTATIVE(S). CLIENT(S) ACKNOWLEDGES AND AGREES THAT THE DAMAGE CAUSED THEREBY MAY NOT BE READILY ASCERTAINABLE, AND THAT THE SUPPLIER WOULD BE IRREPARABLY INJURED BY ANY VIOLATION OR BREACH OF ANY OF ITS COVENANTS AND AGREEMENTS SET FORTH IN THIS SECTION AND THUS CLIENT(S) ACKNOWLEDGES AND AGREES THAT THEY SHALL BE LIABLE AND SHALL PAY DAMAGES OF NO LESS THAN FIFTEEN THOUSAND DOLLARS ($15,000.00) PLUS ANY AND ALL COURT COSTS, LEGAL FEE(S), AND ATTORNEY FEE(S) FOR THE SUPPLIER, AND SHALL IMMEDIATELY REMOVE ANY AND ALL NEGATIVE OR NEUTRAL FEEDBACK (INCLUDING ANYTHING LESS THAN POSITIVE WITH FIVE STARS AND OR EXCELLENT AND OR SUPERIOR), AND IN NO CASE, NOT LONGER THAN TWENTY-FOUR (24) HOURS FROM SUPPLIER’S REQUEST FOR REMOVAL. THE CLIENT(S) ACKNOWLEDGES AND AGREES THAT THE SUPPLIER MAY, IN ADDITION TO ANY OTHER REMEDIES THAT MAY BE AVAILABLE TO IT BY LAW, OBTAIN ANY AND ALL INJUNCTIVE RELIEF WITHOUT NECESSITY OF A BOND PROHIBITING THE CLIENT(S) ON BEHALF OF ITSELF, ITS OFFICER(S), DIRECTOR(S), EMPLOYEE(S), AGENT(S), REPRESENTATIVES, SERVICE PROVIDER(S), FRIEND(S), FAMILY AND GUEST(S) FROM THE BREACH OF THE COVENANTS AND AGREEMENTS RELATING TO NON-DISPARAGEMENT. IT IS UNDERSTOOD AND AGREED BY THE CLIENT(S) THAT THIS SECTION WILL SURVIVE TERMINATION, CANCELLATION, AND OR EXPIRATION FOR A PERIOD OF TWO HUNDRED AND FORTY MONTHS (240) MONTHS.

33. LIMIT OF LIABILITY.

IN THE UNLIKELY EVENT THAT THE PHOTOGRAPHER IS INJURED, BECOMES ILL, OR HAS AN EXTREME EMERGENCY THAT PREVENTS THE PHOTOGRAPHING OF THE SESSION(S)/EVENT(S), THE PHOTOGRAPHER WILL MAKE EVERY EFFORT TO RESCHEDULE THE SESSION(S)/EVENT(S). IF FOR ANY REASON THIS IS NOT POSSIBLE (I.E. CAR ACCIDENT ON THE WAY TO SESSION(S)/EVENT(S), INJURY, ETC.), LIABILITY IS LIMITED TO THE RETURN OF ALL PAYMENTS RECEIVED FOR THE PACKAGE/COLLECTION/AMOUNT PURCHASED FOR THIS SESSION(S)/EVENT(S) ALONE. THE PHOTOGRAPHER TAKES THE UTMOST CARE WITH RESPECT TO EXPOSURE, TRANSPORTATION, PREPARATION, STORAGE, AND PROCESSING THE PHOTOGRAPHS. HOWEVER, IN THE UNLIKELY EVENT THAT PHOTOGRAPHS HAVE BEEN LOST, STOLEN, OR DESTROYED FOR REASONS WITHIN OR BEYOND THE PHOTOGRAPHER'S CONTROL, THE PHOTOGRAPHER'S LIABILITY IS LIMITED ONLY TO THE RETURN OF ALL PAYMENTS RECEIVED FOR THE SESSION(S)/EVENT(S) ONLY.

34. PHOTOGRAPHER SUBSTITUTION.

THE SUPPLIER, AT ITS DISCRETION, MAY SUBSTITUTE ANOTHER PHOTOGRAPHER TO TAKE THE PHOTOGRAPHS AND/OR PERFORM POST-PRODUCTION WORK IN THE EVENT OF UNFORESEEN OR UNEXPECTED ISSUES, INCLUDING BUT NOT LIMITED TO SUPPLIER'S ILLNESS, HARDSHIP, FAMILY, PERSONAL EMERGENCY, THEFT OR MISPLACEMENT OF EQUIPMENT, EQUIPMENT MALFUNCTION, OR SCHEDULING CONFLICTS. IN THE EVENT OF SUCH SUBSTITUTION, SUPPLIER WARRANTS THAT THE PHOTOGRAPHER TAKING THE PHOTOGRAPHS SHALL BE A COMPETENT PROFESSIONAL CONTRACTED BY THE SUPPLIER. SUPPLIER SHALL NOT BE OBLIGATED TO PROVIDE ANY NOTICE TO CLIENT(S) OR TO PROVIDE PROOF OF ANY SUCH ILLNESS, HARDSHIP, FAMILY, MALFUNCTION, THEFT, PERSONAL EMERGENCY, OR SCHEDULING CONFLICTS. IN THE SITUATION THAT THE SUPPLIER IS UNABLE TO FIND ANY SUBSTITUTION AT ALL ON BEHALF OF THE SUPPLIER FOR THE COVERAGE OF THE SESSION(S)/EVENT(S), THEN THE CLIENT(S) WILL BE ENTITLED TO A FULL REFUND OF ANY PAYMENT(S) ALREADY PAID TOWARDS THE TOTAL PER THIS AGREEMENT, AND ONLY LIMITED TO THE PAYMENT(S) ALREADY PAID TOWARDS THE SERVICES ALREADY. NO REFUNDS WILL BE WARRANTED FROM THE SUPPLIER TO THE CLIENT(S) IF THE CLIENT(S) FEELS UNSATISFIED IN ANY WAY BY THE PHOTOGRAPHER SUBSTITUTION OR ANY SITUATIONS ARISING FROM THE PHOTOGRAPHER SUBSTITUTION.

35. RETAINER, PAYMENT, AND NON-REFUNDABLE POLICY.

ANY AND ALL RETAINER(S), RESERVATION FEE(S), AND DEPOSIT(S) ARE FULLY NON-REFUNDABLE AT ALL TIMES. IF THE CLIENT(S) PAID A RETAINER(S), RESERVATION FEE(S), AND DEPOSIT(S) FOR THE RESERVATION UPON THE SUPPLIER’S CALENDARS, THEN IT WILL BE DEDUCTED FROM THE CLIENT(S)’ OVERALL TOTAL DUE FORTY-EIGHT (48) HOURS PRIOR TO THE START OF THE SESSION(S)/EVENT(S). IN THE EVENT OF A TERMINATION OF THIS AGREEMENT BY THE CLIENT(S) OR IN THE EVENT OF THE CLIENT(S) HAVING TO CANCEL THE SESSION(S)/EVENT(S) FOR ANY REASON WHATSOEVER OR THE CLIENT(S) FAILS TO PAY THE AMOUNT LISTED ABOVE AS “OWED” OR DOES NOT COMMUNICATE WITH THE SUPPLIER IN A TIMELY MATTER REGARDING THIS SESSION(S)/EVENT(S), THE CLIENT(S) AGREES THAT ALL DEPOSIT(S) AND FEE(S) AND PAYMENT(S) AND MONEY(IES) ALREADY PAID TO THE SUPPLIER AS OF THE DATE THE NOTICE OF TERMINATION AND OR CANCELLATION IS RECEIVED BY THE SUPPLIER WILL NOT BE REFUNDED. CLIENT(S) UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT SUPPLIER’S SERVICES ARE IN DEMAND AND THAT SUBSTANTIAL EFFORT, PLANNING AND RESERVATION OF TIME, AS WELL AS POTENTIAL DECLINING OF OTHER CONTRACTS AND/OR ENGAGEMENTS, MAY AND OR WILL RESULT FROM ENTERING INTO THIS AGREEMENT, AND THUS PRECISE LOSS OR DAMAGE FROM TERMINATION OF THE CONTRACT MAY NOT BE ASCERTAINABLE AND/OR PREDICTABLE, AND THUS ALL DEPOSIT(S) AND FEE(S) AND PAYMENT(S) COLLECTED WILL NOT BE REFUNDED DUE TO TERMINATION OR CANCELLATION OF THE SESSION(S)/EVENT(S) FOR ANY REASON. NO REFUND OF ANY KIND WILL BE PROVIDED EVEN IF THE SESSION(S)/EVENT(S) IS CANCELLED OR THE DATE CHANGED – THE CLIENT(S) HAS THE OPTION TO MOVE THE SESSION(S)/EVENT(S) TO A NEW, AVAILABLE DATE ON THE SUPPLIER’S CALENDAR WITHIN NINETY (90) DAYS OF THE ORIGINAL DATE OF THE SESSION(S)/EVENT(S) ONLY ONCE (1 TIME). SUPPLIER WILL NOT BE LIABLE FOR ANY DELAY IN PERFORMANCE OR INABILITY TO PERFORM DUE TO FORCE MAJEURE EVENTS, INCLUDING WITHOUT LIMITATION, ANY ACTS OF GOD, ACTS OR OMISSIONS OF THE CLIENT(S) MAJOR EQUIPMENT FAILURES, ACCESS TO PREMISES/LOCATION(S) OF SESSION(S)/EVENT(S) REVOKED, SEVERE WEATHER CONDITIONS, EARTHQUAKES, NATURAL DISASTERS, GOVERNMENT-ISSUED WARNINGS, GOVERNMENT WATCHES, GOVERNMENT EVACUATIONS, FLOODING, RIOTS, FIRES, FLUCTUATIONS, NON-AVAILABILITY OF ELECTRICAL POWER, COMMUNICATIONS, EQUIPMENT LOSS/THEFT, ACTS OF TERRORISM, WHETHER ACTUAL OR THREATENED, ACTS OF PUBLIC ENEMY, EPIDEMICS, EQUIPMENT MALFUNCTIONS, LACK OF BATTERY AND OR POWER, MISSING EQUIPMENT OF ANY KIND, CURFEWS, GOVERNMENT SANCTIONS, STRIKES, QUARANTINES, NATIONALIZATION, EMBARGO, LABOR DISPUTE, INTERRUPTION OR FAILURE OF ELECTRICITY, OR ANY OTHER ACT, OMISSION, OR OCCURRENCE BEYOND SUPPLIER’S REASONABLE CONTROL. FAILURE OF THE CLIENT(S) TO PAY THE FULL FINAL PAYMENT PER THE PAYMENT TERMS LISTED ABOVE SHALL CONSTITUTE TERMINATION BY THE CLIENT(S) AND WILL CONSTITUTE THAT THE SUPPLIER HAS NO LONGER RENDER ANY SERVICES FOR THE CLIENT(S), AND A 25% LATE FEE BY THE SUPPLIER WILL BE CHARGED FOR EACH DAY THE PAYMENT IS NOT MADE COMPLETE BY THE CLIENT(S); REFERRED TO AS “LATE PAYMENT FEE”. IF FINAL PAYMENT IS NOT RECEIVED ON OR BEFORE THE DATE LISTED ABOVE, SUPPLIER WILL NOT ATTEND, AND SHALL NOT BE EXPECTED TO ATTEND, SAID SESSION(S)/EVENT(S) AND OR CAPTURE AND OR DELIVER ANY IMAGES TO THE CLIENT(S). A $200.00 FEE WILL BE CHARGED FOR ANY RETURNED BANK CHECKS AND OR REJECTED PAYMENTS BY ANY BANKING INSTITUTION; REFERRED TO AS “RETURNED CHECK FEE”. ALL PAYMENTS ARE NON-REFUNDABLE AT ALL TIMES.

36. WAIVER OF CLAIMS BY CLIENT(S)/SUPPLIER’S DISCLAIMER OF LIABILITY.

CLIENT(S) UNDERSTANDS THE UNPREDICTABLE AND NON-POSED NATURE OF PHOTOJOURNALISM AND ASSUMES ALL RISK OF SAME, AND FURTHER AGREES TO WAIVE ANY AND ALL RIGHTS TO ANY CLAIMS, DEMANDS, CIVIL ACTIONS AND/OR LAWSUITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF ANY ALLEGATIONS OF NEGLIGENCE, BREACH, INFLICTION OF EMOTIONAL DISTRESS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY CLAIMS ALLEGING MISSED OR LOST PHOTOGRAPHS AND/OR OPPORTUNITIES. PLEASE NOTE, THAT THE SUPPLIER WILL DO EVERYTHING NECESSARY TO CAPTURE THE SESSION(S)/EVENT(S), BUT CANNOT BE HELD LIABLE FOR THE ACTIONS OF OTHERS AT ANY TIME. UNDER NO CIRCUMSTANCES WILL SUPPLIER, ITS AGENTS, CONTRACTORS, STAFF, VOLUNTEERS, EMPLOYEES, AND/OR THIRD-PARTY ASSOCIATE(S) BE LIABLE TO CLIENT(S) OR ANY OTHER PERSONS OR ENTITIES FOR ANY LOSS, DAMAGES, CLAIMS, INJURIES OR ANY OTHER CLAIMS. CLIENT(S) HEREBY EXPRESSLY AND IRREVOCABLY WAIVES AND FOREVER RELINQUISHES ALL RIGHTS TO MAKE ANY CLAIMS AGAINST SUPPLIER AT ANY TIME, INCLUDING BUT NOT LIMITED AS SET FORTH IN THE PRECEDING PARAGRAPH, AND INCLUDING BUT NOT LIMITED TO ANY AND ALL CLAIMS ARISING FROM OR RELATED TO LATENESS, ACCIDENT, NEGLECT, HUMAN ERROR, LOSS OF MATERIALS, LOSS OF EQUIPMENT, LACK OF BATTERY AND OR POWER SUPPLY, DAMAGE TO MATERIALS, THEFT OF MATERIALS AND OR EQUIPMENT, DAMAGE FROM PROCESSING, CAMERA MALFUNCTION, MATERIALS LOST IN THE MAIL, FIRE, CASUALTY, ACTS OF GOD, EQUIPMENT PROBLEMS OR OTHER FAILURES. THIS WAIVER APPLIES TO SUPPLIER’S SERVICES AND GOODS, INCLUDING THE INTANGIBLE DIGITAL IMAGES. CLIENT(S) SHALL BE RESPONSIBLE FOR ALL COSTS AND EXPENSES INCURRED BY SUPPLIER, INCLUDING BUT NOT LIMITED TO SUPPLIER’S ATTORNEYS’ FEES, IF ANY SUCH CLAIM IS ASSERTED, DEMAND MADE, CIVIL ACTION INSTITUTED AND OR LAWSUIT FILED. SUPPLIER DISCLAIMS ANY AND ALL LIABILITY TO CLIENT; HOWEVER, SHOULD ANY LOSS OR DAMAGE BE PROVEN BY CLIENT(S) TO HAVE BEEN SUSTAINED DUE TO SUPPLIER’S GROSS NEGLIGENCE, RECKLESSNESS AND/OR INTENTIONAL ACT OR OMISSION, THEN THE SUPPLIER'S LIABILITY IS LIMITED TO THE RETURN OF ALL PAYMENTS RECEIVED FROM THE CLIENT(S) UNDER THIS AGREEMENT ONLY.

37. ONLINE GALLERY HOSTING.

THE CLIENT WILL HAVE ACCESS FOR THIRTY (30) DAYS TO AN ONLINE GALLERY THAT IS HOSTED BY THE SUPPLIER. THEY WILL HAVE THIS TIMEFRAME TO DOWNLOAD THEIR DIGITAL IMAGES TO ANY COMPUTER THEY PREFER (CAN BE THROUGH A LAPTOP OR DESKTOP COMPUTER, NOT A TABLET OR CELL PHONE). THE CLIENT CAN VIEW THE PHOTOGRAPHS ON THE ONLINE GALLERY FROM MOST MOBILE DEVICES, TABLETS, LAPTOPS, AND DESKTOP COMPUTERS THROUGH THE PROVIDED LINK OF THE ONLINE GALLERY AFTER SIGNING IN WITH THEIR EMAIL ADDRESS. AFTER THE THIRTY (30) DAYS, THE ONLINE GALLERY WILL NO LONGER BE HOSTED, AND THE LINK THEY WERE PROVIDED WILL NOT WORK. IN THE CASE THE CLIENT(S) IS REQUESTING THE ONLINE GALLERY TO BE RE-HOSTED FOR REQUEST BY THE CLIENT(S) FOR VIEWING, DOWNLOADING, PRINTING, OR SHARING AGAIN, IT WILL BE AN ADDITIONAL $65 HOSTING FEE FOR EACH ADDITIONAL ONE (1) MONTH OF HOSTING EACH TIME THIS REQUEST IS MADE BY THE CIENT. ALL ONLINE GALLERIES HAVE TO BE HOSTED FOR A MINIMUM OF THIRTY (30) DAYS, AND AFTER THAT WILL BE REMOVED TO MAKE SPACE ON THE SERVERS FOR MORE RECENT CLIENT(S) GALLERIES TO BE HOSTED. IF THE CLIENT(S) DID NOT DOWNLOAD THEIR IMAGES IN THE ORIGINAL THIRTY (30) PROVIDED DAYS AFTER THE DELIVERY OF THE ONLINE GALLERY, THE CLIENT(S) WILL HAVE TO PAY THIS $65.00 FEE TO HAVE THE ONLINE GALLERY RE-HOSTED SO THAT WE CAN PROVIDE THE IMAGES HOSTED FOR DOWNLOAD BY THE CLIENT(S).

38. LEGAL.

ONLY THE CLIENT(S) MAY DISCUSS ANY PROBLEMS THAT ARISE WITH THIS AGREEMENT. CLIENT(S) ASSUMES RESPONSIBILITY FOR ANY AND ALL COLLECTION COSTS AND LEGAL FEES INCURRED BY THE SUPPLIER IN THE EVENT OF ENFORCEMENT OF THIS CONTRACT BECOMES NECESSARY.

39. BACKUP AND STORAGE OF MEDIA.

IT IS THE CLIENT(S)’ RESPONSIBILITY TO KEEP SEVERAL COPIES OF ANY DIGITAL FILES IN MORE THAN ONE LOCATION, AND FREQUENTLY BACK THE IMAGES UP ON ANOTHER FORMAT SUCH AS A HARD DRIVE. AFTER THE IMAGES HAVE BEEN DELIVERED TO THE CLIENT(S), THE SUPPLIER ASSUMES NO RESPONSIBILITY FOR MAINTAINING SAID IMAGES OR KEEPING BACKUP COPIES.

40. CELL PHONE AND POCKETS POLICY.

DO NOT HAVE YOURSELF OR ANYONE ELSE PRESENT, CARRYING A CELL PHONE OR ANY CAMERA OF ANY SORT FOLLOWING THE SUPPLIER AROUND, ACTIVELY TAKING PHOTOGRAPHS/PHONE VIDEO OF THE SUBJECT(S) BEING PHOTOGRAPHED. THIS GETS IN THE SUPPLIER’S WAY AND IS HIGHLY DISTRACTING. THE SUPPLIER WILL BE ACTIVELY PHOTOGRAPHING, AND THE COMPLETED IMAGES WILL BE PROVIDED TO YOU AS OUTLINED IN THIS AGREEMENT. CELL PHONES AND CAMERAS THAT ARE NOT THE SUPPLIER’S OWN, ARE NOT PERMITTED IN USE DURING ANY SESSION, UNLESS TO ONLY PLAY CHILDREN’S VIDEOS/GAMES/APPS AND SONGS FOR THE LITTLE CHILDREN TO COOPERATE DURING THE SESSION(S)/EVENT(S). BE AWARE THAT CELL PHONES, WALLETS, KEYS, AND OTHER LIKE ITEMS IN POCKETS OF PANTS, SKIRTS, DRESSES, AND SHORTS, CAN VISIBLY SHOW UP IN PHOTOGRAPHS. EMPTY YOUR POCKETS INTO A BAG TO AVOID THE IMPRESSIONS ON CLOTHING. THE FINE FOR BREAKING THIS POLICY IS $100.00, AND DUE BEFORE THE FINAL DIGITAL PRODUCT CAN BE DELIVERED TO THE CLIENT(S) BY THE SUPPLIER.

41. SEVERABILITY.

IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.

42. AMENDMENTS.

THIS AGREEMENT HAS BEEN FREELY NEGOTIATED AND SHALL BE RECOGNIZED AS THE ENTIRETY OF THIS AGREEMENT. ONLY THOSE CHANGES AND OR MODIFICATIONS SPECIFICALLY PLACED IN WRITING, ATTACHED, DATED, AND SIGNED BY THE CLIENT(S) AND A REPRESENTATIVE OF SMP AT THE TIME OF ACCEPTANCE SHALL BE RECOGNIZED AS AMENDMENTS TO THIS CONTRACT.

43. COPY OF AGREEMENT.

THE SUPPLIER WILL EMAIL THE CLIENT(S) THIS SIGNED ELECTRONIC CONTRACT FOR THEIR REFERENCE TO THE EMAIL ADDRESS SUPPLIED BY THE PRIMARY CLIENT SIGNING THIS AGREEMENT.

THE CLIENT(S) HERETO HAVE SIGNED THIS AGREEMENT AS OF THE DATE FIRST SET FORTH ABOVE VOLUNTARILY AND AFTER READING CAREFULLY THROUGH ENTIRE CONTRACT AND AGREEMENT AND IN COMPLETE FULL UNDERSTANDING OF THE ENTIRE AGREEMENT.
PLEASE SIGN HERE THAT YOU HAVE READ & AGREE TO THE ABOVE INFORMATION:

Draw or Type

I understand this is a legal representation of my signature. Clear

Full Name

I understand this is a legal representation of my signature.
Date of Signature: Date of Signature: / MM / DD YYYY
YES, I AM SIGNING AS THE LEGAL PERSON OF THIS AGREEMENT WITH SCRIBBLED MOMENTS PHOTOGRAPHY.

YES, I AM SIGNING AS THE LEGAL PERSON OF THIS AGREEMENT WITH SCRIBBLED MOMENTS PHOTOGRAPHY. YES, I AM SIGNING AS THE LEGAL PERSON OF THIS AGREEMENT WITH SCRIBBLED MOMENTS PHOTOGRAPHY. NO, I AM NOT SIGNING AS THE LEGAL PERSON OF THIS AGREEMENT WITH SCRIBBLED MOMENTS PHOTOGRAPHY (WHICH MEANS THIS FORM IS VOID AND WILL NEED TO BE RE-DONE BY THE ACTUAL PERSON [CLIENT] LISTED).
IS THE PERSON SIGNING THIS AGREEMENT A LEGAL ADULT OVER THE AGE OF EIGHTEEN (18) YEARS OF AGE?

IS THE PERSON SIGNING THIS AGREEMENT A LEGAL ADULT OVER THE AGE OF EIGHTEEN (18) YEARS OF AGE? YES, I AM SIGNING THIS FORM AND I AM A LEGAL ADULT OVER THE AGE OF 18 YEARS OLD. NO, I AM SIGNING THIS FORM AND I AM ***NOT*** A LEGAL ADULT OVER THE AGE OF 18 YEARS OLD.

PORTRAIT SESSION AND/OR FORMAL EVENT PHOTOGRAPHY AGREEMENT WITH SCRIBBLED MOMENTS PHOTOGRAPHY

PORTRAIT SESSION AND/OR FORMAL EVENT PHOTOGRAPHY AGREEMENT WITH SCRIBBLED MOMENTS PHOTOGRAPHY

EMERGENCY CONTACT INFORMATION