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This Agreement is subject to all the terms and conditions outlined below.
Services Performed by Photographer:
• On the day of the session, the photographer will arrive at the contracted starting time, provide photography services throughout the session and conclude services at the agreed on time. For this event, the photographer services are contracted for approximately one hour.
• The photographer will review all images from the session and edit those that are in keeping with the highest quality and style of the photographer’s work. The photographer reserves the right to withhold any images not in keeping with her standards. Client can expect approximately 100 final edited images per hour of the session booked with Lindsey Morgan Photography. Clients can expect their final event images within 30 business days of the event unless otherwise specified by Lindsey Morgan.
• Lindsey Morgan Photography is honored to be chosen as your photographer and will strive to exceed your expectations and provide images that fill your heart with joy.
Terms and Conditions
1. Exclusive Photographer. Lindsey Morgan Photography photographer(s) shall be the exclusive photographer(s) retained by the Client for the purpose of photographing the session described above. Family and friends of the Client shall be permitted to photograph during the session as long as they shall not interfere with the Photographer’s duties and do not photograph poses arranged by the Photographer.
2. Payment. Payments may be made in form of a cash, check or card. If the client chooses to pay by card, a 3% charge will be added to the final invoice. If the Client refuses delivery of the order or refuses to pay within thirty (30) days of this order, Client shall be in default hereunder and shall pay 12% percent interest on the unpaid balance until payment is made in full.
3. Cancellation. If the Client shall cancel this Agreement forty-eight (48) or more hours before the session, the client is not responsible for paying the remaining amount due. However, the deposit paid to the Photographer(s) is nonrefundable.
4. Copyright and Reproductions. The Photographer shall own the copyright in all images created. Client has permission from Photographer(s) to reproduce these images in what sizes they desire with what lab they choose. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, internet promotions, social media, website, marketing, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.
5. Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. In particular, Client may not share unwatermarked images from your session or event with other vendors; vendors desiring images should consult the photographer for copies of images made at your event.
6. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost through computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event 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.
7. Photographer. The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
8. Weather & location. The photographer is not responsible for the weather or the nature of the event date, event location or the upkeep of the event location. The photographer is not responsible for enhancing the venue or location chosen by her clients. Likewise, the photographer is not responsible for inclement weather or weather conditions on the event date. She is therefore, not responsible for photographic enhancements which may alter the weather or nature of the event. Likewise, Lindsey Morgan will work hard to ensure that her clients or subjects are photographed in a flattering disposition but will not be held responsible for the aesthetic integrity of client or subject’s outfits during the hours she is contracted. The photographer reserves the right to refuse to shoot outside during inclement weather if the weather threatens to damage her equipment.
9. Miscellany and Liability. The Client agrees to indemnify and defend Lindsey Morgan against any and all claims, liability, damages, costs, and expenses, including legal fees and expenses arising out of any guests or person’s injuries from Lindsey Morgan’s equipment or Photographers. Any breach of contract by the Client will release Lindsey Morgan from this contract and no refunds or products will be delivered.
10. Archive. Images may be purged from photographer’s hard-drive after six months, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Although care will be taken with the digital files, the Photographer limits any liability for loss, damage, or failure to deliver photographs for any reason of photographer's non-performance caused by any force or similar circumstances, illness, accident, or any cause due to circumstances beyond photographer’s control. In any event, the limit of Photographer's liability shall not exceed the contract price stated herein.
11. Agreement. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The laws of Florida shall govern this Agreement.
Total Due $400.00
The parties have read all pages of this Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by both parties. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.