This Agreement is made effective for all purposes in all respects between Paul’s Vegas Photography, hereinafter referred to as the COMPANY and above names hereinafter referred to as The CLIENT(s) relating to the headshot photography detailed also listed above, hereinafter referred to as Client(S).
ENTIRE AGREEMENT: This Agreement contains the entire understanding between the COMPANY and the CLIENT as listed above. 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 decision 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.
1. RESERVATION: A signed contract is required to reserve the dates and times of the headshot photography. If the headshot photography are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, CLIENT understands the retainer fee is non-refundable and shall constitute liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY's materials charges incurred up to time of cancellation.
2. PHOTOSHOOT SCHEDULE: The CLIENT agrees to confirm the schedule one-week prior to the headshot photography. Notification of any changes in schedule or location must be made in writing to company by CLIENT a timely manner and confirmation of receipt of said confirmation must be obtained from the COMPANY by the CLIENT.
3. SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the headshot photography. If the photographer sent by the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the headshot photography; or in the photo session that the safety of the photographer sent by the COMPANY comes into question. Should the CLIENT or guest of CLIENT damage COMPANY's equipment CLIENT is to replace all such damaged equipment at full retail price within 24 hrs of damage having occurred.
4. SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY 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 photo session, 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 at the rate of $250 per hour.
5. EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meals and lodging costs unless provided by the CLIENT.
6. TRAVEL EXPENSES: All travel expenses are based on the distance between the photography location(s) and the COMPANY studio address 1655 S. Mojave Rd., Las Vegas, NV. For all photo sessions, the first 180 miles round-trip of travel from studio is included is included in the quoted price.
7. RESPONSIBILITIES: The COMPANY 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 or times provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photographic coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects or scenery associated with the headshots.
8. VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results on the photographic due to their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.
9. PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services, unless CLIENT is within the COMPANY'S studio.
10. FILM and COPYRIGHTS: Upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased digital download of photographs or video from the COMPANY, the COMPANY grants the CLIENT permission as Client see fit. COMPANY reserves the right to use photographs in portfolio website.
11. MODEL RELEASE: The CLIENT hereby assigns the COMPANY 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.
12. LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY 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 the COMPANY, the COMPANY will make every effort to secure a replacement. In the event the foregoing situations should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the photo session. In the unlikely event that digital files become lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY'S liability is limited to the return of all payments received for the photo session. 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.
13. CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the photo session. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
14. POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the exclusive discretion of the COMPANY.
15. PAYMENT SCHEDULE: The aforementioned 50% 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 photo session. In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend the photo session. Returned checks will be assessed a $25 non-sufficient funds fee.
16. 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 the COMPANY.
17. ASSIGNMENT: Except as otherwise provided within the Agreement, neither party hereto may transfer or assign their rights under this Agreement without the prior written consent of the other party.
18. APPLICABLE LAW AND PROPER JURISDICTION: This Agreement shall be governed by and construed in accordance with the laws of the Sate of Nevada and the jurisdiction in which all actions to settle any disputes between the parties, shall be the courts, both state and federal, of the State of Nevada.
19. ENTIRE AGREEMENT/AMENDMENTS: This Agreement contains the entire understanding between the parties and supersedes any prior understandings and agreements made between them respecting the subject matter of this Agreement. This Agreement may be changed only by a written amendment, specifically identified as a contract amendment, signed by authorized representatives of both parties.