This Agreement is subject to all the terms and conditions appearing on the reverse side.
Terms and Conditions
1. Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event. Guests, families, and friends of the Client shall be permitted to photograph as long as they shall not interfere with the Photographer’s duties.
2. Deposit and Payment. The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and the Client shall pay the balance due. The balance shall be paid in full during or before the event for the service to be provided.
3. Cancellation. If the Client shall cancel this Agreement sixty(60)) or more calendar days before the event date, any deposit paid to the Photographer shall be refunded in full. If Client shall cancel within sixty(60) days of the event date and if the Photographer does not obtain another assignment for that date, liquidated damages shall be charged in a reasonable amount not to exceed the deposit. A $150 cancellation fee shall be applied if the Client cancels within thirty (30) days of the event date.
4. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, an entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio. NO RAW IMAGES GIVEN. ONLY EDITED
5. Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints. If the Client is obtaining a print for newspaper announcement of the wedding, editorial use, or website, Photographer authorizes Client to reproduce the print in this manner. In such an event, the Client shall run a credit for the Photographer adjacent to the photograph.
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 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. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
9. Miscellany. 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. This Agreement shall be governed by the laws of the State of New York & New Jersey.
The parties have read both the front and back of this Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by both parties. Signatures below are optional unless the Terms and Conditions page is printed on a separate sheet of paper.
Upsid3h3art Studio Rental
Terms and Conditions
STUDIO RULES • No smoking whatsoever is allowed in the building or within 20 feet of any entrance. • Food and drink must stay in areas with hard floors, not in carpeted areas. • No alcoholic beverages or non-prescription or illegal drugs. • Music/voices are to be kept at reasonable levels and not contain vulgar or offensive lyrics or words. • No one is allowed in the production room in the rear of the facility. • No one will be admitted who is drunk or under the influence of illegal substances. • No pets allowed without prior consent of a Company representative.
• Maximum of eight people in Photographer’s party. Ask ahead if you have a larger group.
1.CLEANING & TRASH Photographer agrees to leave the Premises and all contents and fixtures in the same condition as they were when Photographer arrived. Company will dispose of trash collected in the supplied trash cans. Photographer must discard larger items, such as personal props and set pieces, in the Picture This disposal bin behind the studio. Disposal of large amounts of garbage due to large sets may also accrue additional costs. All items brought to the Premises by Photographer are to be removed by Photographer. Items left after 7 days will be assumed abandoned and may be discarded or kept by the Company for Company use, with no compensation due the Photographer, at the discretion of the Company. If Photographer does not return Premises to the order and cleanliness found when Photographer arrived, Company will charge at minimum a $50 cleaning fee to be withheld from the cleaning/damage deposit.
2.AGE OF MODELS Photographer is solely responsible for verifying that all photographic subjects are of legal age or accompanied by a parent or legal guardian. Company has no responsibility to determine or verify the age of participants in the Photographer’s activities but reserves the right to demand proof of parental consent if models or photographic subjects are under the age of 18 and to end those activities if Company becomes aware that legal age violations are occurring. Company is not liable in the case of an invalid ID or any other form of age verification
3.EQUIPMENT Company agrees to provide equipment in good working order, but makes no special guarantees as to said equipment’s functionality or suitability to Photographer’s purposes. Photographer shall notify Company immediately of any malfunction, damage or other issues with the equipment. There is no studio phone service provided. Photographer is advised to bring a cell phone. WiFi internet service is available during the rental period. Code for access will be provided in the rental agreement.
4.DAMAGE Photographer shall be solely responsible for any damage to Company’s property or equipment that occurs during the time Photographer or his party occupies the Premises. Damage deposits will be held until repairs can be made. If the damage exceeds the amount of the damage deposit, Photographer agrees to pay reasonable additional repair costs to bring damaged equipment back to working condition. Photographer agrees to pay for damage to the Premises including spills, excessive wear, marks or stains on furniture, fixtures or painted surfaces.