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 property(s) detailed also listed above, hereinafter referred to as The Property.
1. 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.
2. DEPOSIT/ RESERVATION: A signed contract with Deposit/RETAINER-FEE is required to reserve the dates and times of the Property(S). The amount of 50% of the total is the retainer fee. If the The Property(S) 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.
3. CANCELLATION POLICY AND 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 before of The Property(S) photography. 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 The Property(S) photography. Returned checks will be assessed a $25 non-sufficient funds fee.
4. PHOTOGRAPHY SCHEDULE: The CLIENT agrees to confirm the schedule one-day prior to the The Property(S) SCHEDULED DATE. 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. Information provide in attached is hereby incorporated by reference and incorporated into the contract.
5. 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 The Property(S) PHOTOGRAPHY, 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 $225 per hour for either photographs or stills.
6. SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of The Property(S) if the photographer sent by the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the The Property(S); or in the event 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.
7. EXPENSES INCURRED: When applicable, the CLIENT is responsible for reimbursement travel, accommodation, meals and lodging costs unless provided by the CLIENT. No travel time is applicable when property is located within the city limits of Las Vegas and Henderson. TRAVEL EXPENSES: All travel expenses are based on the distance between the The Property location(s) and the COMPANY studio address 1655 S. Mojave Rd. Las Vegas, Nevada 89104. For all The Property(S), the first 180 miles round-trip of travel from studio is included is included in the quoted price.
8. RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to unruly 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 The Property(S). Basic Photoshop treatment is provide under this agreement however The COMPANY can provide a list of shots if a shot list is provide in advance.
9. 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. The property is to be prepared ahead of the schedule photography time. Failure to do so will add to the time and will result in additional fees for time do on the day of the photography. The COMPANY HAS FINAL SAY AS TO WHAT IMAGES WILL BE DELIVERED.
COMPANY IS NOT RESPONSIBLE TO DOING ALL OR ANY OF THE FOLLOWING:
Staging or moving of furniture
Moving any personal property
Cleaning of property
Cleaning of pools or other yard items
Sweeping of sidewalk
Moving of cars
Replacement of light bulbs
Managing or handling of pets
Moving garbage cans
Waiting for sprinklers or drying wet sidewalks
Cleaning window, shower doors, carpet or dirt off of walls
10. If the CLIENT needs digital repairs of items such as dead grass, graffiti, cracks in pavement or walls, water stains or any objects not moved by photographer OR CLIENT, there will be an extra charge and billed at the agreed hourly rate for the hours needed to provide the service. Should the client decided that a re shoot of a property is necessary the entire contract is due and the fee to re shoot the property is the original contract amount.
11. PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
12. 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.
13. LOCATION 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.
14. 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 Property(S). 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.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 The Property(S). 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.
15.CAPTURE AND DELIVERY: The COMPANY is not REQUIRED to deliver every image taken at the The Property. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
16. 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. Basic Photoshop treatment is provide under this agreement however The COMPANY can provide a list of shots if a shot list is provide in advance.
17. CANCELLATION POLICY AND 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 before of The Property(S) photography. 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 The Property(S) photography. Returned checks will be assessed a $25 non-sufficient funds fee.
18. 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.
19. 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.
20. 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.