AGREEMENT Overview: This agreement contains the entire understanding between DAVIDPATRICK Photography and the CLIENT. 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 the parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. DAVIDPATRICK Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to DAVIDPATRICK Photography.
RETAINER & PAYMENT SCHEDULE: This is a NON-REFUNDABLE RETAINER. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to DavidPatrick Photography in the event of a cancelation, or breach of contract by the CLIENT. The CLIENT shall also be responsible for payment of any DavidPatrick Photography materials/charges incurred up to time of cancellation. The retainer shall be applied towards the total cost of the service to be rendered. The remaining charges are payable in full on the date of the session.
ONLINE PROOFING and ORDERING: Photographs will be available at www.DavidPatrickPhotography.com
within 7 business days of the portrait session for a maximum of 30 calendar days. A password will be provided to the subject and client for proofing and viewing. The client and subject agree to proof the photographs and place their online order within that 30-day time frame.
IMAGES and COPYRIGHTS: the photographs produced by DAVIDPATRICK Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without DAVIDPATRICK Photography's explicitly written permission. Upon final payment by the client, the client has limited copyright ownership of the resulting images which may be used only for personal use and may not be copied , or reprinted without express permission of DAVIDPATRICK Photography. This permission is included with high-resolution images, with which the owner may make prints for personal use and sharing, as well as use for their personal blogs, sites, and social networks. The owner may not redistribute the images in any manner. The Client must obtain written permission from, and compensate DAVIDPATRICK Photography prior to the CLIENT, or its friends/ relatives publishing or selling the images for profit.
MODEL RELEASE. The CLIENT & Subject hereby grant to DAVIDPATRICK Photography and 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; and to copyright the same. The CLIENT hereby releases DAVIDPATRICK Photography and its legal representatives and assigns from all claims and liability relating to said photographs.
LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents him from photographing the event, DAVIDPATRICK Photography will make every effort to reschedule the event. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for the package purchased. DAVIDPATRICK Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond DAVIDPATRICK Photography's control, DAVIDPATRICK Photography liability is limited to the return of all payments received for the portrait package.