Event Legal Agreement
Contact phone number:
Additional phone number:
Elizabeth Grace Smith’s company arrival time:
Starting location and starting time:
If Secondary location and starting time:
Elizabeth Grace Smith’s company departure time:
Any important details about the event that must be known to the company:
Please circle all of what you need:
Photographer Caterer or baker
Additional second shooter Band or DJ or solo artist
Videographer Hair or makeup artist
The Client hereby engages the photography company of the Client on the date and year of ______________________________ for a fee of $ ____________ inclusive of all taxes.
The Client agrees to pay the Elizabeth Grace Smith Photography company fee on the following terms:
DEPOSIT AND FEES:
A Reservation Deposit of 50% or a payment plan can be set up upon signing of this agreement
Additional charges for overtime on the photography time on the event day shall be charged at $125 per additional hour and shall become payable within 14 days later. A small travel fee will also be discussed at the time and date of the contract being finalized. All fees are non-refundable. Additional photographs requested beyond what was discussed at early times, will be a small additional fee. Anything else circled above the Elizabeth Grace Smith Photography will discuss if any of the over parties are available first for the date and times and will get back in touch with client to discuss prices for the additional company and a follow up on a three-way call or video chat call with the additional party. Elizabeth Grace Smiths company has partners and package deals with popular companies around the low country. Although the company is only legally responsible for the photography, coordinating, and notary positions. All other parties you choose to work with through Elizabeth Grace Smith has their own legal responsibility to their company.
A signed contract and retainer fee are required to reserve the dates and times of the event(s). If the event(s) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the client, the retainer fee is non-refundable. The client shall also be responsible for payment for any of the company’s materials charges incurred up to time of cancellation. The Client agrees that the Reservation Deposit is non-transferable and non-refundable in the event of cancellation by the Client.
MARKETING AND COPYRIGHTS:
The Client grants the Owner of the company and his/her successors, legal representatives and assigns the irrevocable and unrestricted right to use and alter the material for commercial, promotional, marketing, competition or other purposes without compensation and hereby release and shall hold harmless the Photographer and his/her successors, legal representatives and assigns from all claims or liability resulting from or associated with the use of the material.
The photographs produced by the company are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the company’s explicitly written permission. If the client has purchased an “Image DVD” from the company, upon final payment by the client, limited copyright ownership of the resulting images will be transferred to the client. If the client has purchased an “Image DVD” from the company, the company grants the client permission to share the images on social networking websites, with family and friends, and on vendor websites if the images remain unaltered and textual credit is explicitly given to the company. The client must obtain written permission from the company prior to publishing or selling the photographs. If the client sells the photos without written permission and/or organized royalties discussed beforehand, this will result to a lawsuit. Claiming photos as your own instead of giving credit to the photography company will be considered a federal offense.
The client hereby assigns the company 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, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The client releases all claim to profits.
The company reserves the right to terminate coverage and leave the location of the event(s) if Elizabeth Grace Smith’s company experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s); or if the safety of the photographer and or fellow workers from the company is in question. If this behavior from a client or guests at the event(s) then the Elizabeth Grace Smith will first attempt discussing the issue with the client who signed the legal agreement to please inform the offensive person or persons to stop the behavior. If, however, the rude hostile behavior does not stop Elizabeth Grace Smith’s will ask the client to inform the offensive or hostile person or person(s) to leave the premises. If the person continues and does not stop the behavior and the company of Elizabeth Grace Smith feels threatened, then we have the right to leave the premises and stop working the event(s).
PUNCTUALITY AND COOPERATION:
The client and the company agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled arrival time and ends at the scheduled departure time. Unless during the day of the event the client asks the company to stay for an additional time, that then will be discussed through a verbal agreement.
CAPTURE AND DELIVERY:
The company is not liable to deliver every image taken at the event. The determination of images delivered to the client is left to the discretion of the company. At the clients request to have all raw photos that will be left to a verbal agreement and small additional fee. The turnaround time for finished photos can take anywhere from a week to a months’ time after the event(s). A sneak peak of a few photos will be available through email or social media site before receiving all photos.
The client agrees to confirm the schedule one-week prior to the event(s). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the company by the client.
If the Photographer cannot attend to his duties for medical reasons or other emergency, all effort shall be made by him/her to engage a competent replacement photographer at no extra cost to the Client. If the Photographer cannot source a replacement photographer or the Client is not satisfied with the proposed replacement, all monies paid by the Client (not including the Reservation Deposit) shall be refunded in full and the Photographer's liability shall be limited to this refund.
All monies excluding the nonrefundable deposit shall be refunded and this Agreement become null and void if an act of God or other catastrophe necessitates cancellation, or in case of death or serious illness to either party or their immediate families up to five days before the event(s). Such cancellation must be in writing and a registered professional shall attest to the illness or death referenced as reason for cancellation.
The Photographer undertakes to use the utmost care and reliable equipment throughout the capturing, backup, processing and transportation of the material. If, however, the material is lost, stolen or damaged for any reason, the photographer shall refund all monies received and his/her liability shall be limited to this refund. If a portion of the material is lost, stolen or damaged for any reason, then the refund shall be calculated pro-rata based on the package selected and his/her liability shall be limited to this partial refund.
This Agreement shall be construed, interpreted and governed in accordance with the laws of the State of South Carolina.
Signed by the clients on _______day of ________________________ 20_______at __________________________________ location.
Signed on this ______________day of ________________________20__________at ______________________________ location.