Wedding Contract


We are excited and honored to be a part of your wedding! This contract is simply to ensure everybody is in agreement regarding the services we will be providing. Please feel free to contact us with any questions. We can’t wait for your wedding!

Client(s):

Dave Noltensmeyer

Photographer

Melissa J. Koko Film and Portrait

koko@melissajkoko.com

(575) 932-8107

Contract Services

2 Hours Photographic Coverage

2 Photographers

Professional Editing

Flash Drive of All Images

Online Hosting Gallery

Price: $600 +tax

Total Cost of Services:

2 Hours Coverage $630.60

Final Payment Due:

September 24th, 2020

Event Date:

October 24th, 2020

Event Time:

5:30pm


Location:

Tinnie Silver Dollar, Tinnie NM

Clauses

Description of Services

This agreement constitutes an order for wedding photography services, and any additional services outlined above in Package. It is agreed to by both parties, Photographer and Client, as described above. Client agrees to pay Total Amount by the Final Payment Due By date as defined above.


Transfer

This agreement cannot be transferred or assigned to any third party by either the Photographer or Client without written consent of both Parties.


Entire Agreement

This is the entire agreement between Photographer and Client and supersedes all previous agreements. It cannot be altered without written consent of both Photographer and Client.


Cancellations

If a cancellation occurs within 60 days of the wedding, the client forfeits all funds paid to photographer. No refunds will be given.


Additional Time

It is understood that any additional time will be paid within thirty (30) days after the event. Time will be calculated in half hour increments. The fee per half hour increment is $200, plus any applicable tax.


Client Rights

Photographs taken by the Photographer ("Photographs") may not be sold or used in advertising unless otherwise agreed to by the Photographer in writing.


Exclusive Photographer

Client acknowledges and agrees that Photographer will be the exclusive commercial photographer providing still prints for or at this event unless otherwise agreed to by the parties. Individual(s) may take photographs or record video as long as the individual(s) do not interfere with the duties of the Photographer and do not photograph or record poses arranged by the Photographer. It is agreed that interference from others, paid or unpaid, who attempt to photograph or record the same poses or scenes during the same time period as the Photographer will detract from the quality of the Images, and may be cause for the Photographer to cease services until such interference ends. The Photographer will not be responsible for time or images missed as a result of such interference.


Execution

Digitally signing this agreement has the same effect as manually signing a paper original. Both parties have had full opportunity to negotiate the terms of this agreement, and neither party intends that this agreement be construed for or against either party because of that party's role in drafting this agreement.


Indemnification

Client hereby agrees to indemnify, defend, release, discharge and hold harmless the Photographer, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority of the Photographer from and against any liability or claims arising in connection with any services related to this agreement. Such Indemnification provision includes, but is not limited to claims related to the use of the likenesses of anyone captured in the Images or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the photographs.


Inherent Qualities

The Client acknowledges and agrees that photographs may fade or discolor over time due to the inherent qualities of dyes, inks and materials and agrees to release the Photographer from any claims based upon such fading or discoloration. Prints made at different times, from different cameras, or from digital media vs. film, are expected to have variations from each other in color balance and finish. Proof images may bear watermarks indicating they are proofs and showing the Photographer's name and copyright information. All print sizes are nominal sizes, not exact measure.


Late Payment

Client must pay the Total Amount one month prior to the event unless otherwise agreed to by the parties in writing. A charge of $20 per day may be added to the total for each day the payment is late.


Limitation of Liability

The Photographer limits any liability for loss, injury, death, inability to perform the photography services for any reason, failure to deliver Images for any reason or any other types of damages to the return of all payments already paid to the Photographer up to Total Amount defined above. The foregoing limitation of liability shall not apply to claims by Client for bodily injury or damage to real property or tangible personal property caused solely and directly by the gross negligence or willful misconduct of the Photographer.


IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE TO THE CLIENT OR ANY OTHER PERSON FOR ANY INCIDENTAL , SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY CLAIMS MADE MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION OCCURRED.


Performance

The Photographer takes great care with respect to the exposure, processing, and delivery of photographs. Photographer warrants that the service will be performed in a professional workmanlike manner. In the event the Photographer cannot comply with the terms of this agreement due to negligence, oversight, accident, error, omission, any other avoidable or unavoidable circumstance, whether caused by the Photographer or otherwise, the Photographer's liability for this or any other circumstance shall be limited to the amount paid by Client. The Photographer does not guarantee to capture any particular image(s) or meet any particular aesthetic criteria as part of its performance under this agreement unless otherwise explicitly agreed to in writing by the Photographer. In addition, failure by the Client to make any payment as and when agreed shall release the Photographer from any further responsibility under this agreement, without the responsibility to return any monies previously paid under this agreement.


THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. PHOTOGRAPHER DISCLAIMS IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


Permissions

Client shall obtain all applicable permits and licences required for the Photographer to photograph the event, A breach of this provision by Client may result in a termination of this Agreement without refund.


Photographer Rights

Client acknowledges and agrees that any and all images, including but not limited to proofs, digital files, final prints or sample prints, ("Images") created by the Photographer remain the property of the Photographer. Furthermore, Photographer shall own all intellectual property rights to all Images created through this agreement. The Photographer shall have the exclusive right to make reproductions for the Client or for the Photographer's portfolios, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, for display within or on the outside of the Photographer's studio, including the internet. The Client agrees to purchase all prints and/or Images directly from the Studio, unless otherwise agreed to by the parties in writing. The Client will not copy or reproduce the Images in any way without the Photographer's express written consent. Unauthorized copying or use of the Photographer’s images is an infringement of Federal Copyright Law and a violation of this agreement. Unless specifically stated, this agreement does not provide the Client with any ownership of or rights to use the negatives or digital image files created under this agreement.


Reservation & Reservation Fee

The Amount Due at Signing, as described above, is a reservation fee ("Reservation Fee"). Upon receipt of the Reservation Fee, the Photographer will reserve the Event Date and will not schedule any other event during such Event Date. For this reason, the Reservation Fee is non-refundable.


To sign this contract, type your name in the box above. You acknowledge that your printed name serves as your legal signature in place of a written signature.

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