Reservation
THE CLIENTS signature reserves photography for the time
and date agreed upon. For this reason, the Retainer Fee of 50% is non-refundable,
even if the date is changed or the event cancelled for any reason excluding;
acts of God, fire, strike, extreme weather, war or national emergency.
If the event is cancelled due to a bona fide act of God and/or War or
National Emergency, the deposit will be transferable to an agreed upon
alternate date. The Retainer Fee is to be paid at time of signing the
contract. The Retainer Fee is applied towards the contracted photo package.
THE CLIENT understands and agrees that the entire amount owed
for the photography package described in the contract is due as provided
in the above referenced payment provision.
Disc Delivery
milaPhotography, it's legal representatives and
assigns will provide THE CLIENT with a high resolution disc. This disc
will contain high-resolution photographs taken at the event. The time
of delivery of the disc is contingent on the package selected.
Prior to the conclusion of the wedding, Michelle Cunningham will be
paid in full for services rendered unless other agreements have been
made. THE CLIENT agrees if any balance is not paid as arranged,
milaPhotography, it's legal representatives and assigns will NOT make
a final delivery of prints, albums, or other products included in this
agreement until the balance is paid. All special shipping costs will
be paid for by THE CLIENT.
Cancellation
In the event that THE
CLIENT cancels the contracted services for photography outlined
in their contract before the event takes place, other than the reasons
specified in the reservation section of this agreement, the retainer
fee will be forfeit. milaPhotography, it's legal representatives and
assigns agrees to refund all additional deposit monies, (less expenditures
for which receipts will be provided), to THE CLIENT.
Digital Negatives, Prints and Copyrights
The photographs, digital
negatives or prints produced by milaPhotography, it's legal representatives
and assigns are protected by Copyright Law (all rights reserved) and
may not be reproduced in any manner without milaPhotography, it's
legal representatives and assigns' explicit written permission. Upon
final payment by THE CLIENT, milaPhotography, it's legal representatives
and assigns retains full copyright ownership of all photographic
materials and THE CLIENT will have limited
copyright ownership of the photographic materials subject to the following
conditions:
- The prints, negatives, slides
and/or digital images are the property of THE CLIENT for personal use
and for the purposes of the reproduction and distribution of photographs
to friends and relatives. An acknowledgement to the photographer is
requested and appreciated.
- THE CLIENT must obtain written
permission from, and compensate milaPhotography, it's legal representatives
and assigns, if applicable, if THE CLIENT, or THE CLIENT'S authorized
representative, publish and/or license the photographs for profit.
Model Release
THE CLIENT hereby grants
milaPhotography, it's legal representatives and assigns the right
to use and publish photographs of THE CLIENT or in which THE CLIENT
may be included, for editorial, trade, or advertising promotion, subject
to milaPhotography, it's legal representatives and assigns first obtaining
prior written authorization from THE CLIENT.
- It is agreed that milaPhotography,
it's legal representatives and assigns may display and use the photographs
taken for purposes such as, but not limited to: advertising, display,
website and internet promotion, photographic contests, public display
such as in malls, photography books, photography instructional books,
store fronts, window displays, studio display, television advertising,
and magazine advertising.
- MilaPhotography, it's
legal representatives and assigns respects its client's need for privacy.
In the event that a CLIENT would like to have their photographs excluded
from all manners of display for purposes such as, but not limited to:
advertising, display, website, blogs and internet promotion, photographic
contests, public display such as in malls, photography books, photography
instructional books, store fronts, window displays, studio display,
television advertising, and magazine advertising, the CLIENT agrees
to pay the privacy fee which is calculated at 5% of the agreed package
fee.
Completion Schedule
Print order processing
can take up to 4 weeks. Creation of a wedding album takes 8-12 weeks,
enlargements and gallery wraps take up to 4 weeks. This schedule can
be slightly longer when laboratory and bindery schedules are heavy.
Limit of Liability
In the event of any emergency and Michelle Cunningham
is not available, a replacement photographer may be required. milaPhotography,
it's legal representatives and assigns will provide a fully qualified,
trained, experienced photographer of the same caliber as Michelle Cunningham.
- If the situation should
occur and a suitable replacement is not found, responsibitliy and liability
is limited to the return of all payments received for the event package.
- milaPhotography, it's
legal representatives and assigns takes the utmost care with respect
to exposure, transportation and processing of photographs, including
using professional grade equipment and professional grade backup equipment.
However, in the unlikely event of THE CLIENT'S photographs being lost,
stolen or destroyed for reasons beyond milaPhotography, it's legal
representatives and assigns' reasonable control, milaPhotography,
it's legal representatives and assigns' liability shall be limited
to the return of all payments received for the event package. The limit
of liability shall not exceed the contract price stated herein. 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 delivered.
Non-Guarantee
Although every possible care will be taken to produce
photographs of all important and special events during the event, milaPhotography,
it's legal representatives and assigns cannot place an unconditional
guarantee on the above. milaPhotography, it's legal representatives
and assigns will not be held responsible for any ruined or missed photographs
due to guests' flashes; or any other ruined or missed photographs
due to any other cause outside of milaPhotography, it's legal representatives
and assigns' control.
Performance
The performance of this contract on behalf of milaPhotography,
it's legal representatives and assigns shall be contingent upon acts
of God, flood, fire, warfare, government laws or regulations, electrical
failure, strikes by suppliers, and/or conditions beyond its reasonable
control.
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