PHOTOGRAPHY AGREEMENT INK BLOTCHES PHOTOGRAPHY
- IBP takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that all the photographs have been lost, stolen, damaged or destroyed for reasons within or beyond IBP control, IBP liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the package selected based on the percentage of originals lost.
- Upon Payment, Ink Blotches Photography (IBP) reserves the time and date agreed upon. For this reason, all retainers are non-refundable, even if the wedding date is changed or cancelled for any reason.
- PRE-EVENT CONSULTATION: The Parties agree to a pre-event consultation approximately ten to fifteen days before the event date in order to finalize the actual shooting times, locations, event procedures and special request for specific photographs. Please see attached form for the type of information requested.
- MODEL RELEASE. If signed the contracting party grants IBP the unrestricted right to copyright, use and publish photographs of the contracting party for commercial, promotion, competition or other purposes without compensation or liability to the contracting party.
PRIMARY PHOTOGRAPHER IS: Tia Jenkins
If signed the contracting party grants IBP the unrestricted right to copyright, use and publish photographs of the contracting party for commercial, promotion, competition or other purposes without compensation or liability to the contracting party.
Agreement for Photography (The Legal Side and Other Things to Know)
“Photograph(s) means all photographic material furnished by INK Blotches Photography, hereinafter including negatives, transparencies, prints, digital images or otherwise.
Except otherwise specifically provided herein, all photographs and rights therein, including copyright, remain the sole and exclusive property of INK Blotches Photography. Any additional uses not listed in the agreement require the prior WRITTEN agreement of INK Blotches Photography on the term negotiated. Unless otherwise provided herein, any grant of rights is limited to the private use of photographic material purchased by the individuals and clients are prohibited from all commercial uses.
Client agrees to indemnify and defend INK Blotches Photography against any and all claims, liability, damages, cost and expenses, including reasonable legal fees and expenses arising out of any use of any photographs for which the client’s guest provided no release to INK Blotches Photography for any photographs, which are illegally altered by Client. Unless so furnished in writing, no release exists. INK Blotches Photography liability for all claims shall not exceed in any event the total amount paid under this contract.
Time is of the essence for receipt of payment. No photography will take place and no rights are granted until timely payments are made in full.
Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and insures to the benefit of INK Blotches Photography, Client, Clients principals, agents and affiliates, and their respective heirs, legal representatives, successors and assigns. Client and its principals, agents and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing because of immediate proximity of shooting. This agreement incorporates by reference Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as amended.
Except as provided in (VII) below any dispute regarding this agreement shall be arbitrated in Our Country under the rules of the American Arbitration Association and the Laws of Our State. Judgement on the arbitration award may be entered in any court having jurisdiction. Client shall pay all arbitration and four costs, reasonable legal fees, and expenses and legal interest on any award or judgment in favor of INK Blotches Photography.
Client hereby expressly consents to the jurisdiction of the Federal Courts with respect to copyright claims by Photographer under the Copyright Act of 1976, as amended. Clients also agree to pay reasonable legal fees, and expenses if INK Blotches Photography prevails against the Client on all federal matters.
If INK Blotches Photography cannot perform the Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to Photographer’s illness or injury, then INK Blotches Photography will return any and all fees to the Client(s) but shall have no further liability with respect to this Agreement. The limitation on liability shall also apply in the event that the 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 INK Blotches Photography. Client(s) agree that an entire wedding cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits on INK Blotches Photography liability to the amount paid under this contract.
Emergencies: Emergencies such as serious injuries, serious illness or death to the signing parties to this agreement or their immediate families will cause this agreement to be null and void. INK Blotches
Photography will return any retainers made and will not charge for time or material expenses incurred while preparing for the shoot. Client(s) as well as INK Blotches Photography must produce documentation in writing showing cause stating reason, relationship and have an excuse signed by an attending physician, charge nurse or funeral director. For the purpose of the agreement immediate family will consist of: parents, stepparents, brothers, sisters, spouse, children, stepchildren, grandchildren and grandparents, as well as myself and the bride or groom. Either Party may invoke this clause up to five days prior to the wedding causing this agreement to be null and void.
Upon signature, INK Blotches Photography reserves the time and date agreed upon and will not make other reservations for that time and date. For this reason all payments are not refundable-even if the wedding is cancelled with an exception for (IX) above. No other photographer will be permitted to photograph, pose, direct or interrupt while photographer from INK Blotches Photography is working. Any breech of this agreement will constitute a reason for non-completion of the job with no liability to INK Blotches Photography and the loss of all payments made under this contract. Checks shall be payable to INK Blotches Photography and mailed to 37 Depot Drive, Glen Carbon IL 62034.
Client has a right to a three (3) day grace period to exit this contract. INK Blotches Photography must be notified in writing. The postmark shall not be older than three (3) days of the date following the signature of the contracting party. INK Blotches Photography is not responsible for lost or undelivered mail.
INK Blotches Photography reserves the right to edit and will be the final authority on the images that will be offered for sale to the client.
Harassment: Ensuring the appropriate behavior of all guests and other persons at the wedding and other events covered by INK Blotches Photography shall be the responsibility of Client. In the event an INK Blotches Photography employee experiences any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature(s) then the following process shall be followed: first offense: a verbal warning will be issued to a family member of the client; second offense: the offending person will be required to leave the wedding or event; third offense: Photographer will end wedding coverage immediately and leave the event, INK Blotches Photography shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.
The care and feeding of your photographer from INK Blotches Photography. They will be spending the day with you, please discuss vendor meals with your caterer. Meals are best provided at the time bride and groom are eating. (You don’t want to be photographed eating and this is a good time for the Photographer to take a break. As an alternative let INK Blotches Photography staff know one week in advance so that their chef can provide their meals.
I have read, understand and agree to the terms and conditions of this Agreement. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement. Please electronically sign below.