Birth & Fresh 48
Birth & Fresh 48
Contract Terms & Conditions
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ENTIRE AGREEMENT: This agreement contains the entire understanding between Nicole Bertrand Photography (The Photographer) and the signer of this contract (the CLIENT). It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties.
RESERVATION: Upon your signature, Nicole Bertrand Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, a 50% reservation deposit is required and is non-refundable, even if date is changed or reservation is cancelled. The reservation deposit is due at the time of signing the contract. The reservation deposit is applied towards the contracted photography package. CLIENT understands and agrees that 100% of the entire amount owed is due on our before the photoshoot date. CLIENT agrees if the balance is not paid by this time, Nicole Bertrand Photography will NOT release any images to the CLIENT until it is paid. If the CLIENT fails to show on the scheduled date without notification, CLIENT is subject to a 25% reschedule fee.
SHOOTING TIME/ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT in a manner enjoyed by all parties. Shooting commences at the scheduled start time. Any CLIENT that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.
TRAVEL AND OVERAGE FEES: The CLIENT shall pay $75 per every 50 miles after the first 50 miles from Woonsocket, RI.
COOPERATION: Unless otherwise noted, the PHOTOGRAPHER will be the exclusive photographer(s) at this commercial photography shoot. The Parties agree that good faith cooperation and communication between them is important in obtaining a good result. The PHOTOGRAPHER recommends that the CLIENT identify to the photographer(s) important products and interiors/exteriors. The CLIENT must also notify the PHOTOGRAPHER in writing if they wish to have anything photographed in a particular way. The PHOTOGRAPHER will not be held accountable for not photographing desired products and interiors/exteriors if there is no one to assist in identifying these particular details and photographs. The PHOTOGRAPHER is not responsible if key individuals fail to appear or cooperate during photography, or for missed images due to details not revealed to the PHOTOGRAPHER or beyond the photographer(s) control.
MODEL RELEASE. The CLIENT hereby grants to the PHOTOGRAPHER and successors, heirs, executors, administrators, assigns, attorneys, representatives and agents, 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 or any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby release the PHOTOGRAPHER and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to the PHOTOGRAPHER'S use of said images.
COPYRIGHT AND REPRODUCTIONS: Photographs/images produced by the PHOTOGRAPHER are protected by Copyright Law (all rights reserved). Upon final payment by CLIENT, CLIENT is allowed to display resulting images for personal and commercial use. Said images may not be altered or reproduced in any manner without prior written permission of the PHOTOGRAPHER. CLIENT will receive a high resolution digital online gallery with printing rights. The CLIENT must obtain written permission from the PHOTOGRAPHER prior to the CLIENT, their associates, friends or relatives selling the photographs.
PAYMENTS: CLIENT agrees that a 50% non-refundable deposit is required at the time of the contract, and the remaining balance is owed on or before the photoshoot date.
PENALTY FEES & CHARGES: There is a $50 charge on checks returned for any reason.
LIMIT OF LIABILITY: In the unlikely event of several medical, natural, or other emergency it could be necessary to retain a different photographer. Nicole Bertrand Photography will make every effort to reschedule the appointment or secure a replacement photographer from our network of photographers. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the photography package. Nicole Bertrand Photography takes the utmost care with respect to exposure, transportation, and processing the photographs including using professional grade equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond Nicole Bertrand Photography’s control, liability is limited to the return of all payments received for the photography package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
ARBITRATION: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $500. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
INDEMNIFICATION: The Photographer shall be held harmless for any and all injury to CLIENT during the course of the photography session and the immediately surrounding events.
ATTORNEY'S FEES: If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
PERFORMANCE: The performance of this contract on behalf of Nicole Bertrand Photography shall be contingent upon acts of God, flood, fire, warfare, government laws and regulations, electrical failure, strikes by suppliers, and/or conditions above its control.
SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement, and only those changes or modifications specifically placed in writing, attached, signed and dated by the CLIENT and the studio at the time of this contract’s signing shall be recognized as amendments to this contract.
COMPLETION SCHEDULE: Please allow 2-4 weeks for delivery
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Thank you for choosing Nicole Bertrand Photography!