This agreement is between TaylorMade Global, LLC, hereinafter referred to as the "Photography Company", and the signers of this photography agreement, hereinafter referred to as the "Client", collectively referred to as the "Parties", with the photography session detailed below.
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Deposit
A retainer fee of $150 is required for all photography sessions.
This is a non-refundable deposit. In the event of cancellation, the deposit paid is non-refundable. It shall be liquidated for damages to the Photography Company in the event of a cancellation, or breach of contract by the Client. No date is reserved until a deposit is received. The deposit shall be applied towards the total cost of the service to be rendered.
The balance of the complete package price must be paid no later than seven (7) calendar days from session date; Photography Company will communicate the due date. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.
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Cancellation
There shall be no refund of deposit after the signing of the Agreement and the reservation of the photography date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photography Company. All arrangements will be put in writing.
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Copyright
Title (possession) of and copyright to all products shall remain with the Photography Company until Client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photography Company and/or subcontractor(s) remain the property of the Photography Company. It is illegal to edit, copy, scan, or reproduce without the written permission of the Photography Company. Violators of this federal law will be subject to its civil and criminal penalties.
Permission is hereby granted to the Photography Company to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
The Photography Company retains the copyright to all images produced by the Photography Company and/or the Photography Company's subcontractors. If purchasing Hi- Resolution images, Clients will be given a written release to make personal copies of images. The client understands the images given cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photography Company.
In summary, unless Client pays for an upgrade option to retain copyright privileges, Photography Company exclusively owns the copyright. If Client pays for an upgrade option to own copyright, Photography Company can still feature images and videos in any portfolio of works and demonstrations.
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Creative License
Images are edited at the Photography Company’s discretion, and delivered prints may not include all images shot. The Photography Company reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards. The Client is aware that not every image is going to be the perfect picture and will not hold the Photography Company accountable for opinions the Client may have on the pictures received.
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Force Majeure
If the Photography Company or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photography Company shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photography Company. 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. The Client agrees that an event cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits the Photography Company's liability to the amount paid under this contract.
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General Limitation of Liability
IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE TO CLIENT OR TO ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER PHOTOGRAPHER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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Complete Agreement
This contract represents the entire agreement and understanding between the parties with respect to the subject matter herein and supersedes all prior written and oral agreements, discussions, or representations between the parties. Client represents and warrants that it is not relying on any statement or representation not contained in this contract. To the extent any terms set forth in any exhibit, attachment or schedule conflict with the terms set forth in this contract, the terms of this contract shall control unless otherwise expressly agreed by the parties in such exhibit, attachment or schedule.
The laws of the State of Maryland shall govern this contract. Parties agree to attempt to settle disputes amicably amongst themselves allowing 30 days for dispute resolution. In the event Parties can not reach a resolution then each party will be responsible for the cost of arbitration to settle dispute(s).
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Severability
If any provision of this contract, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this contract will continue in full force and effect.
This is a contract for personal photography services to be provided by the Photography Company and/or individuals subcontracted to do work for the Photography Company.
The Parties agree to the above and below terms and conditions, and acknowledge that they have received, read, and understand the Photography Company’s current price list.
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Options / Upgrades
The Photography Company may provide options for additional services / upgrade options that require payment of additional fees.
Upon signing the Parties agree the agreement is enforceable.