ANT-1 PHOTOGRAPHY EVENT CONTRACT
AGREEMENT/CONTRACT between Ant-1 Photography (the “Studio̶=
1;),
located at 12260 Piute Court Lusby, MD 20657 (or other locations as may a=
pply)
and ___________________________________________________________________ (the
“Client”), resident at
___________________________________________________________________________=
__
(telephone [home] ______________________ [office] _________________________=
),
for the provision of photography and related services on the occasion of a
_____________________________. Date(s): ________________ Days:
_________________ Services and photography to be provided.
The Assigned photographer is James Antone (Ant-1 Photography) the
charges for which total $_____________ to be
paid in three (3) equal and nonrefundable
amounts of $ ___________, the first to be paid at the date of this agreemen=
t,
which is acknowledged as a retainer? The sec=
ond
and third payments shall be paid no later than thirty (30) days prior to
commencement of photography and not later than (date) _____________.The abo=
ve
stated charges are inclusive of $ _________ assigned attendance fees, subje=
ct
to Clause 8, and are paid at the date of the contract. Payments made on this
contract by charge card and charged back shall be made good by cash, check,=
or
money order within seven (7) days.
The following paragraphs shall, with the foregoing, form the body of
this contract/agreement and shall not be amended.
1. PAYMENTS. This contract is valid only on payment=
of
the first payment as specified above.
2. FAILURE. Failure by the Client to make the seco=
nd
and final payment as scheduled may be deemed a cancellation
of this agreement and the Studio shall be
relieved of all obligations herein.
3a. PROOFS. Client agrees=
that
all proofs (in whatever form the Studio designates) remain the property of =
the
Studio
unless otherwise provided above. Any proofs n=
ot
returned according to the terms herein are chargeable at $10 each.
Invoices or statements requiring payment for unreturned proofs will =
be
paid within thirty (30) days. Proofs may not be
part of any minimum order stated above or
coverage fees and are loaned to the Client for a period of 45 days, after w=
hich
they shall be returned together with any and
all orders. Any extension of such period is at the discretion of the Studio=
. In
the event that the Client fails to return =
the
proofs and fails to place an order, an order-processing fee of $100 will be=
assessed for each thirty (30) day delay. Subseq=
uent
orders shall be subject to a 15 percent (15%) surcharge. The Client is
responsible for payment of all orders by the Client, even if ordered by a t=
hird
party, and the Studio is not obligated to
accept separate orders from third parties or =
to
provide separate billing of individual orders, and to do so is a courtesy t=
o
the Client.
3b. When proofs are provided in the agreed media (i.e.
paper or electronic media); they shall be picked up no later
than fourteen (14) days after notification =
that
they are ready for pick up, and any balance due shall be paid at time of pi=
ck
up. The Studio shall endeavor to make pro=
ofs
available within twenty-one (21) days after photography.
4. COOPERATION. The Studio and the Client shall coopera=
te
and agree to all schedules and arrangements for services
to be provided including, but not limited=
to,
arriving promptly for scheduled photography as agreed at a planning meeting=
.
Changes to scheduled times shall be authorized prior to the scheduled
photography session. The Client agrees to meet
with Studio representative(s) at least thir=
ty (30)
days prior to photography, at the initial planning meeting. The Studio shal=
l
endeavor to meet all reasonable the Client expectations, however there are circumstances where certain images are not<= o:p>
possible and the Studio makes no express or imp=
lied
warranty for providing specific images. When the Client or others
referred to in the schedule are more than ten (=
10)
minutes late, the Studio shall not be liable for omissions of requested
photographs that may otherwise be feasible if the
client had arrived at the appointed time.
5. CAMERAS AND LIGHTING. Any and all cameras and related
lighting, including video, shall be under the direction
of the Studio, and the Client shall advise
any and all users or providers of services of this clause. Notwithstanding =
the foregoing,
the Studio will seek to cooperate with the contracted videographer in order=
to
meet the needs and expectations
of the Client. In the event of a conflict
between the photographer, the videographer, and/or any guest or member of t=
he
wedding party, the Client hereby expressly gra=
nts
resolving authority to the photographer. If the videographer, guest or
member of the wedding party continues to be in conflict after being advised by the photographer, then the client releases<= o:p>
the photographer from all images not taken=
due
to the conflict. Photography or videography by any person or persons
other than the Studio during formal sessions=
is
not permitted.
6. CANCELATION. Should the Client cancel the assignment
date or cancel this agreement, the Studio shall retain all
deposits, unless the Studio is able to secure an
assignment for a comparable fee for the date canceled, at which time
deposits shall be returned in full. The Studio
shall not cancel unless serious illness or other such physical handicap sha=
ll
render the Studio incapable of carrying out i=
ts
obligations. The Studio having made every endeavor to obtain the services
of a qualified and competent substitute, =
all
deposits held by the Studio shall be returned to the Client, as the
Client’s sole
remedy.
7. LIABILITY. The Studio shall not be liable for omissions caused by failure of the Client to maintain all agreed schedules<= o:p>
or caused by delays due to inaccurate
information provided by the Client. The Studio shall not be liable for fail=
ures
or faults in the manufacture or processin=
g of
materials or other causes that may reasonably be deemed beyond the control =
of
the Studio. In the event such circumstances prevent the Studio from perform=
ing
its obligations or delivering the
agreed product or service, the Client’s
sole remedy shall be the refund of any deposits, as a Limitation on Damages=
as
set
forth in Clause 20. Omissions or failure to
produce specific images that may be discussed or proposed at a planning ses=
sion
shall not void this agreement and/or shall n=
ot
result in compensation to the Client by the Studio.
8. ASSIGNED PHOTOGRAPHER. The Studio reserves the right to
replace the assigned photographer as necessary,
such as in the event of an emergency, in or=
der
to honor this agreement. The Client, subject to time permitting, shall be
advised accordingly and has the right to appro=
ve
or disapprove such change in assignment. On approval, any appropriate
adjustment of paid fees will be made. In the event
the Client disapproves, this contract shall be deemed canceled and all
monies paid to the Studio by the Client shall=
be
returned to the Client.
9. EXCLUSIVITY AND COPYRIGHT. The Studio is=
the
exclusive photographer providing photographs for sale for this
occasion, and all rights for use of the negativ=
e or
electronic media used for recording images and reproductions therefrom
is reserved by the Studio. The Studio sha=
ll
not object to other photography at this event inasmuch as it does not hinde=
r
or impede the Studio in meeting its
obligations in this contract, but such other photographs shall not be taken=
of
subject(
s) arranged and posed by the Studio. All
Copyrights are reserved, and unauthorized copies or scanning made by the
Client or his/her representatives or with his/her consent is chargea=
ble
at ten (10) times the listed charges of such prints
by the Studio. The Client acknowledges th=
at
unauthorized scanning or copying of images is unlawful and subject to statu=
tory
prosecution. Release of negative or electronic materials to the Client, his=
or
her heirs, or duly appointed assigns shall be subject to the payment of a f=
ee
of $2,000, plus any assessed taxes, and shall be delivered only after the
Studio has made such reproductions it may require as specified in Clause 10=
.The
Studio may retain all recording materials indefinitely but may limit such
retention to those from which the Client has placed orders.
10. USE OF IMAGES. The Studio may use reproductions of im=
ages
from negatives or electronic media in full or in part
for display, promoting and advertising the
Studio, teaching and lecturing, and illustration of related or unrelated
articles as
may be published. The Client releases the
studio from any right in the image that the Client may claim through it, and
the
Studio has an expressed right to use the image as stated above.
11. ORDERS AND DELIVERY. Any orders for prints and servic=
es
in excess of those contracted are subject to a
deposit of 50 percent (50%) at time of order a=
nd
prior to commencement of work, with the balance due on completion.
Finished prints will not be released without payment in full. The St=
udio
will endeavor to complete all orders within sixteen
(16) weeks. The Client acknowledges that =
some
phases of production are dependent on suppliers and outside contractors
and may be subject to delay. The Client ag=
rees
to collect finished work and pay all balances within twenty-one
(21) days.
12. INTEREST CHARGES. Balances unpaid after thirty (30) days=
are
subject to an interest charge of 2 percent (2%)
per month (24 percent [24%] annually). Each
thirty (30) day statement of overdue balances is subject to a minimum charg=
e of
$10 in either interest or service charges.
13. PRICE INCREASES. Orders delayed for sixty (60) days or =
more
are subject to any increase in charges for the
same services and product that are published
subsequent to this contract.
14.ADDITIONAL SERVICES. Charges for
additional services other than those referred to in this contract are subje=
ct
to rates current at the time they are
ordered.
15. COLLECTIONS. The Client agrees to pay any and all c=
harges
and expenses incurred in the collection of delinquent
balances.
16. NO WAIVER. Failure by the Studio to exercise any =
and
all rights under the terms of this agreement or enforce
any part herein shall not limit its rights=
to
exercise said rights in the future and should not be considered a waiver of=
any
right.
17. RETURN OF PROOFS. The Client shall be liable for all fees
and charges required to obtain the return of Proofs,
including but not limited to attorneys’ fe=
es,
court costs, and expert witness fees.
18. GOVERNING LAW; LEGAL FEES;ARBITR=
ATION. This agreement
shall be governed by and construed in accordance with the laws of the State=
of
____________.The parties agree that in the event of any suit or proceeding
brought by one party against the other, the party prevailing therein shall =
be
entitled to payment from the other party hereto of its reasonable
attorneys’ fees and all costs incurred. Except for the right of either
party to apply to a court of competent
jurisdiction for a temporary restraining order, a
preliminary injunction or other equitable relief to preserve the status quo=
or prevent irreparable harm pending the
selection and confirmation of the arbitrator(s), any controversy or claim
arising
out of, relating to, or concerned with this
Agreement or breach hereof must be settled by binding arbitration in accord=
ance
with the Commercial Arbitration Rules of the
American Arbitration Association, and judgment upon the award rendered
by the arbitrator(s) may be entered in any
court having jurisdiction. Exclusively the __________ Regional Office of
the American Arbitration Association must
administer any arbitration under this Agreement, or in the event that offic=
e is
unable to act, by the closest available regio=
nal
office to ______________. The arbitration must be held in _________
(county), _________ (state).
19. LIMITATION OF DAMAGES. The Client hereby agrees that in=
the
event there is a ruling which determines that
the Studio has breached its obligations un=
der
this contract, then the maximum damages that the Client is entitled to is
the money paid to the Studio to date. The
client agrees that they are not entitled to collection of actual damages or=
any
consequential damages. Under no circumstances is the
Client able to recover a damage award that would exceed the
money paid by the Client to date.
20. BREACH OF COPYRIGHT LAWS. The Client ag=
rees
that any violation by the Client of any of the state or federal
copyright laws with regard to the proofs, negati=
ves
or electronic or other image media produced by the Studio which
originated as a result of this contract shall
constitute a breach of this agreement, giving the Studio the right to take
legal
action and pursue all remedies available agai=
nst
the Client per agreement in law and/or equity.
21. PROVISIONAL INFORMATION. The following
provisional information is provided by the Client as a guide as to
times, locations, and persons, groups, etc.,
that are to be photographed. This information may be modified at a planning
session on or about thirty (30) days prior to the event. Information provid=
ed
and discussed at the planning session is not part of this contract nor shall
such information modify this contract.
____________________________________________________________________=
______________________
____________________________________________________________________=
______________________
Principal subjects to be photographed:
__________________________________________________________
Principal times for photography and locations:
____________________________________________________
Number of guests expected: ____________ Number of tables=
to
be photographed: ___________
Second photographer required: ___ yes ___ no (A second photographer =
may
require an assistant, and fees for both photographer and the assistant will=
be
invoiced separately.)
Client address after date of photography:
________________________________________________________________
____________________________________________________________________=
_____________________________
I have read and agree to the terms of this contract. I have signed t=
his
agreement without undue influence and of my free
and voluntary act.
Client: ________________________________________________
Date: ___________________
Studio: ________________________________________________
Date: ___________________
Ant-1 Photography
C/O
James Antone
301-793-8530
ant1photo@comcast.net
www.ant-1photography.com<=
/b>