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Engagement Contract

Engagement Session Contract

Engagement Session - &

A. AGREEMENT TO HIRE

This Document comprises the entire agreement and understanding between & hereafter referred to as “Client(s)” and JWadePhotoStudio LLC, hereafter referred to as “Photographer” relating to the engagement session, detailed below, hereafter referred to as “Event(s)”. This agreement supersedes all prior and contemporaneous agreements between Client(s) and Photographer. This agreement may only be amended in writing when signed by Client(s) and Photographer. B.

GENERAL

B.1. DELIVERY TIMELINE

The Client(s) is guaranteed to receive the final product within 90 business days of their engagement session. The Client(s) will receive via an online service and gallery, unless noted below.

B.2. FAILURE TO PERFORM

Photographer shall not be held responsible for requested photographs not taken, interference or missed photographs from weather conditions or scheduling complications caused by, but not limited to, anyone in attendance at the Event(s), equipment malfunctions, timeliness of the Event(s), Client(s) failure to provide meals, or any other interfering cause.

B.3. FORCE MAJEURE

If Photographer cannot perform according to this agreement due to fire, casualty, civil disturbance, act of God, illness, act of terrorism, or any other event not caused by, or in the control of, the Photographer, the Photographer shall return all fees paid to Client(s) and retains no further responsibility to Client(s).

B.4. CLIENT CANCELLATIONS

All cancellations by the Client(s) must be communicated to the Photographer in writing. Should the Client(s) decide to cancel the Event(s), the Event(s) should be rescheduled within 7-10 business days to avoid forfieting the free engagement session.

B.5. LIMIT OF LIABILITY The Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) releases Photographer from any and all claims against their person or business. Proof of Liability insurance can be provided to Client(s) or venues upon request.

C. PHOTO PRODUCTION POLICY

C.1. PURPOSE

The Client(s) understands that they are hiring the Photographer for the purposes of capturing photojournalistic style engagement photography.

C.2. LIABILITY OF MISSING PHOTOS

The Photographer is not liable for any photos no included in the final product. The Photographer makes every effort to ensure that data is protected from the moment it is recorded. I, The Photographer, use redundant file writing practices that comes native in the camera that I, The Photographer, use. Cards are stored in a waterproof casing, and the files are backed up on multiple hard drives to provide further redundancy. However, as with any technology, technology can fail or the unthinkable accident and/or damage can happen. In the case of any loss, damage, or theft of footage, the Photographer will work with the Client(s) to remedy the situation. However, the Client(s) agrees that the Photographer will not be held legally or financially liable for any footage loss out of the control of the Photographer.

C.3. PHOTO EDIT AND RETOUCHING

The images that the Client(s) receives in the final product are fully edited and prepared for print. No photoshopping or “retouching” is done to alter the physical form of the Client(s). Some images do receive more post-production editing such as the bride and groom portraits, any specialty services must be purchased separately.

C.4. BACKUP AND STORAGE OF PHOTOS

The Photographer suggests that the Client(s) backup their photos to 3 different places upon delivery. The photographer is not liable for keeping copies of Client(s) photos after delivery. However, the Photographer keeps a master backup of all images taken of the Event(s) up to six (6) months.

D. PACKAGE DETAILS

D.1. PRODUCT AND SERVICES

All products and services agreed to and provided by the Photographer are listed in this section. This does not bind the Photographer to provide anything not listed in this section, therefore, the Client(s) should not expect items not listed. The Client(s) understands that there have been no insinuations of delivery for any product or services not listed below.

Package:

1 Hour Engagement Session

Deliverables:

15 Free Images

E. COPYRIGHT AND USAGE

E.1. COPYRIGHT

All content produced by Photographer during the afformentioned Event(s) for Client(s) are protected by copyright. It is a violation of federal copyright law to copy, scan, or allow content to be reprinted, duplicate, reproduced, copied, scanned, or altered without Photographer’s express written permission. Client(s) may print their personal engagement photos for personal use without the written consent of the Photographer. The negatives and/or files are the sole property of Photographer. Client(s) retains a limited, perpetual license of the Event(s) images. Client(s) may display, print, upload, email, transfer and publish images on personal or social media sites. The Client(s) may not sell, apply for copyright registration, make a derivative work, modify or edit the files and/or photographs.

E.2. MODEL RELEASE

The Photographer retains the right to use Event(s) content for professional purposes, including samples, displays, social media, advertising, and any other purposes.

F. FINANCIAL

F.1. DEPOSIT

If you are receiving this contract, you are a winner of the free engagement session, no fees will be collected except for resonable travel fee's such as, milage, flights, hotel rooms, per-diem, and/or rentals if distance from 2030 Union Rd, St Louis, Mo 63125 is greater than 75 miles. Photographer uses the IRS standard milage deduction rate for distastance traveled by vehicle.

G. AGREEMENT

G.1. APPLICABLE LAWS

The laws of the state of Missouri shall govern this agreement.

G.2. SEVERABILITY

If one or more of the provisions contained in this agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remain provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

Client(s) agree, by signing, that they have read and agree to all terms incorporated within this document

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December 24, 2024 10:42 am CST

Engagement Contract Uploaded by Joseph Wade - joseph@jwadephotostudio.com IP 71.128.21.102