1. Photographer’s Responsibilities (“Services”). StefKingPhotography (“Photographer”) Photographer hereby agrees to perform photographic services for Client at the shoot date specified above in a professional, workmanlike manner according to the prevailing standards in the industry. Photographer may employ one or more assistants. Photographer shall, in consultation with the Client, individually edit, optimize, color-correct, enhance, and retouch the images taken at the shoot.
2. Payment. Final payment of the balance due for the Services shall be made no less than 4 days prior to the Event Date. In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money
3. Copyright. All photographs taken by Photographer, in whatever form, are copyright-protected. Any copying, scanning, reprinting, duplicating, or altering of the photographs taken by Photographer, without Photographer’s express written permission is a violation of federal copyright law.
4. Term. The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the final, Client-approved products to the Client, unless terminated earlier as provided herein.
5. Changes. Photographer must be notified immediately of any changes in schedule, at least 5 days in advance of the scheduled shoot date. If Client notifies Photographer by phone, a written (i.e. email) confirmation must be sent within 5 days of such notification.
6. Cancellation. Upon acceptance of these terms and payment of the retainer, Photographer shall commit to attending the shoot at the specified date and time, and shall make no other reservations for that date. If Client cancels the shoot entirely, then Photographer shall make commercially reasonable attempts to rebook that date and time.
7. A presentation of the images selected by Photographer in its sole discretion (“Proofs”) shall be made available to client via an in person viewing 1 week following the Shoot. Proofs may include artistic enhancements or touch-ups added to the images in Photographer’s sole discretion. This is the one and only time to purchase images from the photographic session.
8. Delivery Date. The photographic products shall be delivered no later than 8 weeks from the date of final Client approval.
9. Price Protection. Photographer warrants all prices quoted for images are valid for a period of 1 month following the Event. Orders placed after such period are subject to Photographer’s published pricing at the time of the orders’ placement.
10.Model Release. Client hereby agrees that Photographer may reproduce, publish, exhibit, and otherwise use images from the Event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images.
11. LIMITATION OF LIABILITY. PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGE.