MATERNITY photography CONTRACT
Date of Event: SUNDAY, JULY 14, 2019
Session Time: TBD
Session Location: TBD
Client Name: EDEN ZAPANTA
Contact: (619) 730-9454 | MEZAPANTA@HOTMAIL.COM
MATERNITY PHOTOGRAPHY Services:
2-3 hour session – Approximately 50-70 fully edited digital images (direct download)
Family/ Friends Discount
California General Excise Tax
Balance due - 14 days before shoot date (June 30, 2019)
Total to be paid
ENTIRE AGREEMENT: This agreement contains the entire understanding between RUFFMEDIA and 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. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION / CANCELLATION: 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 and shall be liquidated damages to RUFFMEDIA. The client shall also be responsible for payment for any of RUFFMEDIA’s materials charges incurred up to time of cancellation.
EVENT SCHEDULE: 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 the client must obtain confirmation of receipt from RUFFMEDIA.
SAFETY: RUFFMEDIA reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer/ videographer from RUFFMEDIA experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer/ videographer from RUFFMEDIA is in question.
SHOOTING TIME / ADDITIONS: The client and RUFFMEDIA agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the client does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the client.
EXPENSES INCURRED: When applicable, the client is responsible for all travel, accommodation, meal and transport costs unless provided by the client.
TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and RUFFMEDIA studio address. For all EVENT(S), the first 250 miles round-trip of travel are included. All miles in excess of 250 miles round-trip are charged at $5 per mile.
RESPONSIBILITIES: RUFFMEDIA is not responsible for compromised coverage due to causes beyond the control of RUFFMEDIA including but not limited to obtrusive guests, lateness of the client or guests, weather conditions, schedule complications, incorrect addresses provided to RUFFMEDIA, rendering of decorations, or restrictions of the locations. RUFFMEDIA is not responsible for backgrounds or lighting conditions, which may negatively impact or restrict the photo coverage. RUFFMEDIA is not held liable for missed coverage of any part of the EVENT(S). RUFFMEDIA will not be held accountable for failure to deliver images/videos of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS: RUFFMEDIA is limited by the rules and guidelines of the location(s) and site management. The client agrees to accept the technical results of their imposition on RUFFMEDIA. Negotiation with the officials for moderation of guidelines is the client’s responsibility; RUFFMEDIA will offer technical recommendations only.
PERMITS: The client is responsible for acquiring all permits and necessary permission for all locations on which RUFFMEDIA will be performing services.
FILM and COPYRIGHTS: The videography / photography produced by RUFFMEDIA are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without RUFFMEDIA’s explicitly written permission. If the client has purchased an “USB” from RUFFMEDIA, RUFFMEDIA grants the client permission to share the images/videos on social networking websites; with family and friends, and on vendor websites as long as the images/videos remain unaltered and textual credit is explicitly given to RUFFMEDIA. The client must obtain written permission from RUFFMEDIA prior to publishing or selling the photographs/ film.
MODEL RELEASE: The client hereby assigns RUFFMEDIA the irrevocable and unrestricted right to use and publish photographs/ film 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 that may arise from use of images/videos.
LIMIT OF LIABILITY: In the unlikely event that the assigned videographer / photographer from RUFFMEDIA is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of RUFFMEDIA, RUFFMEDIA will make every effort to secure a replacement. 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 EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond RUFFMEDIA’s control, including but not limited to camera, hard drive, or equipment malfunction, RUFFMEDIA liability is limited to the return of all payments received for the EVENT(S). 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. RUFFMEDIA is not liable for the loss of images/videos beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: RUFFMEDIA is not liable to deliver every image taken at the event. The determination of images/videos delivered to the client is left to the discretion of RUFFMEDIA.
POST PRODUCTION AND EDITING: The final postproduction and editing styles, effects, and overall look of the images/videos are left to the discretion of RUFFMEDIA.
PAYMENT SCHEDULE: The aforementioned non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full prior to or the day of the EVENT(S). In the event the client fails to remit payment as specified, RUFFMEDIA shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $50 non-sufficient funds fee.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from RUFFMEDIA.
EXCLUSIVE VIDEOGRAPHER/ PHOTOGRAPHER: The photographer / videographer from RUFFMEDIA shall be the exclusive photographer / videographer retained by the client for the purpose of photographing / filming the event. Guests, family and friends of the client shall be permitted to photograph as long as they shall not interfere with the photographer/ videographer’s duties.
FILE ARCHIVE. All original footage containing photos, video, and audio will be archived 365 days after the scheduled EVENT(S). Client has until then to retrieve or request any additional footage or copies from RUFFMEDIA.
PRIOR AGREEMENT: This Agreement supersedes and replaces any and all previous agreements between the parties