Contract for Services *
THIS CONTRACT FOR SERVICES (hereinafter “Agreement”) is made by and between Kyle Burnell Photographer, LLC, a Maine Limited Liability Company (hereinafter “KBP”) and NAME LISTED ABOVE (hereinafter “Client”) (together referred to as “Parties”). WHEREAS, KBP provides photographic services as expressed and explained in this Agreement. KBP’s objective is to deliver the designated services pursuant to the agreed upon specifications with Client. WHEREAS, Client wishes to hire KBP to provide photographic services as expressed and explained in this Agreement in exchange for payment, to be made as specified pursuant to the agreed upon terms of this Agreement. NOW, THEREFORE, it is mutually agreed as follows:
1. KBP Services *
KBP shall provide photographer work and related services (“Services”). The Services shall include: 15-20 minute portrait session (10-20 proofs), one location within 5 miles of South Berwick, ME and 1 outfit.
Client should understand KBP will produce the minimum number of proofs promised in this Agreement. KBP has sole discretion in selecting the images to show you from your Session and is under no obligation to provide more. Client understands that the work and product on display through websites, prints, and other outlets for KBP has been retouched and Client is contracting with KBP for non-retouched proofs. Additional retouching outside what is included in the package can be provided at an extra charge.
Client is aware that color dyes in photography may fade or discolor over time due to inherent qualities of dyes, and Client releases KBP from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
2. Session Date/Time/Place *
The photography taking portion of the Services provided by KBP shall take place on determined based on availability. The location for this portion of the Services shall be determined at a later date. Together referred to as “Session”. Client agrees to be cooperative and to communicate with KBP for the best possible results to be obtained. Client also agrees to arrive on time for their Session and understands that any tardiness will result in a loss of their available shooting time. If Client is more than 30 minutes late to their Session, Client forfeits their Session fee and any additional monies paid will be converted to credit to be used towards a future purchase/service.
3. Payment *
A retainer payment is required upon the signing of this Agreement. The retainer payment is to retain the services of KBP and is non-refundable. The balance, if any, is due at your session. Payment for prints and other products is due in full upon ordering. No part of any order, including previews, shall be delivered until the balance is paid in full. Applicable sales tax shall be applied to all orders.
No refunds will be given on any products after they have been ordered.
4. Completion Schedule/Proof Review & Approval *
The proofs from your Session shall be ready for review 2-4 weeks after your Session. Digital file delivery and/or usb drive creation, prints, products, and albums will require additional time to provide for your review. Albums are designed by KBP's staff with the photos selected at your ordering appointment. Once designed an album proof will be submitted to the Client for final approval. Minimal changes may be made at this time (changes in more than 10% of photos will incur additional charges at current rates). Album production and delivery time will be approximately 6 weeks from Clients final approval. No changes can be made after final approval.
5. Editing *
Basic editing including cropping, exposure adjustment and color correcting are included with your Services. KBP will deliver photos that are edited to the best of its ability for any prints or products ordered. Client will be given the opportunity see and approve product previews. Once Client indicates approval, KBP has no further obligations towards image adjustments.
6. Storage of Services *
Due to extremely large file sizes for digital photography, KBP does not provide any type of archiving and/or storage of your Services. KBP may delete all photos within 90 days after your Session. Photos ordered remain available for 90 days after ordering for purposes of Client re-ordering or additional print/product purchases.
7. Cancelation *
Due to the nature of KBP’s services, in the event Client cancels this Agreement, for any and all reasons, Client shall forfeit any and all monies paid to KBP and KBP shall retain said monies in order to offset its loss of business and time spent in preparing for Client.
8. Rescheduling by Client *
Client is able to reschedule their session ONE time within 6 months from the initial session date with no penalty as long as notice is given more than 48 hours before session date/time. If Client reschedules less than 48 hours prior to the date/time of their Session they will be charged a $150.00 rescheduling fee to book another available date. If Client needs to reschedule after the initial free reschedule, a $200.00 rescheduling fee shall apply.
9. Rescheduling by KBP *
In the unlikely event that KBP is injured or becomes too ill, or has an emergency that prevents it from photographing the event, KBP will make every effort to reschedule or secure a replacement photographer. If the situation should occur that Client is unable to reschedule and a suitable replacement photographer is not found, responsibility and liability is limited to the return of all payments received for the event package.
10. Copyright/Ownership of Photographs *
Unless otherwise agreed to in writing, the photographs produced by KBP are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without KBPs written permission. Upon final payment by Client, Client has limited usage rights of the resulting images which may be used only for personal use and may not be copied or reprinted without the express permission of KBP. This permission is included with the high resolution “digital negatives” download/usb drive, with which the owner may make prints for personal use, but may not copy, or distribute the files in any manner. Client must obtain written permission from, and compensate KBP prior to the Client or any other individual from using, publishing or selling the photographs for profit.
11. Photograph Release *
Client hereby grants to KBP, its legal representatives and assigns, 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 and any other purpose and in any manner and medium, to alter the same without restriction, and to copyright the same. Client hereby releases KBP, legal representatives, and assigns from all claims and liability relating to said photographs.
12. Entire Agreement *
The terms and conditions set forth herein represent the entire understanding and agreement of the parties. This Agreement supersedes any and all other agreements, either oral or written, between the Parties. This Agreement shall not be changed or modified except in writing signed by Client and an appropriate designee of the KBP.
13. Hair Stylist/Makeup Artist/Etc. *
KBP routinely works with certain hairstylists, makeup artists and other similar trades, and may recommend that Client utilize the services of said individuals. It is up to the Client to choose whom they are going to use for said services and the Client is ultimately responsible for their choices in wardrobe, makeup and hairstyle. Client understands that the makeup, hair or other such stylists are independent contractors and not employees of KBP and KBP is not liable for any applications or services by these individuals. Reshoots are not available due to Client disliking their wardrobe, makeup or hairstyling in photos.
14. Governing Law *
The terms and conditions of this Agreement shall be governed by the laws of State of Maine. Each of the parties hereby submits itself to the non-exclusive jurisdiction and venue of the courts of the State of Maine and County of York for purposes of any such action.
15. Counterparts *
This Agreement may be executed by facsimile and in several counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instruments.
16. Indemnification *
The Company shall be indemnified and held harmless by Client for the amount of any and all liabilities, losses, damages, claims, costs, expenses, interest, awards, judgments and penalties (including, without limitation, any and all attorneys’ fees and expenses and KBP attorneys’ fees and expenses) suffered or incurred by KBP arising from any and all work performed hereunder.
17. Limitation on Liability *
To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total liability, in the aggregate, of KBP to the Client and/or anyone claiming by or through the Client, for any and all claims, losses, costs or damages, including attorneys’ fees and costs and expert-witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way related to the Services or this Agreement from any cause or causes shall not exceed the total compensation received by KBP under this Agreement. It is intended that this limitation apply to any and all liability or causes of action, however alleged or arising, unless otherwise prohibited by law. By signing this Agreement, Client acknowledges that the Client agrees to this clause and that this Agreement is a negotiated arms-length agreement.
18. Third Party Rights *
This Agreement is made for the benefit of the Parties, and is not intended to benefit any third party or to be enforceable by any third party. The rights of the Parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this Agreement is not subject to the consent of any third party.
19. Interpretation *
The Parties agree and acknowledge that the rule of construction to the effect that any ambiguities are resolved against the drafting party shall not be employed in the interpretation of this Agreement. With respect to headings and captions, the headings and captions of the various subdivisions of this Agreement are for convenience of reference only and shall in no way modify, or affect the meaning or construction of any of the terms or provisions hereof.
20. Waiver *
Waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a continuing waiver.
21. Survival *
It is the express intention and agreement of the Parties that all covenants, agreements, statements, representations, warranties and indemnities made in this Agreement shall survive the execution, delivery, and termination of this Agreement.
22. Attorney's Fee *
The prevailing party shall be entitled to payment of their reasonable attorney’s fees and costs, for any action to enforce or interpret this Agreement.
23. Assignment *
Due to the nature of the work of KBP and the nature of this Agreement, neither party shall have the right to assign this Agreement.
24. Unenforceability of Provisions *
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
25. Modifications *
This Agreement may be modified only by a written agreement signed by the Parties.
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