AprilRamone
TPF Noob!
- Joined
- Nov 3, 2005
- Messages
- 1,280
- Reaction score
- 2
- Location
- Denver
- Website
- www.apriloharephotography.com
- Can others edit my Photos
- Photos OK to edit
So as I said before, Cindy was nice enough to let me use her contract a long time ago. I just got back the new version from the lawyers. Not a ton of changes. A lot of smaller things, but thought you'd want to see them anyway. There's a couple of parts that I'm going to get some clarification on....but other than that...here it is:
CHANGE OF DATE OR VENUE
April OHare must be notified immediately of any changes in schedule or location, at least seven (7) days prior to the scheduled date of event. Notification of any changes may be made by phone, so long as written notice is also sent via email or U.S. mail for documentation. It is the clients responsibility to confirm all arrangements at least seven (7) days prior to the event. In the event of any material changes, including but not limited to, change of event address, change of event time, and/or change of clients contact information as listed, you must notify April OHare as previously described.
RETAINER
The retainer fee in full is required to hold the date of your event. No date is reserved until the full amount of the retainer fee is received. The remaining complete package price must be paid in full at least two (2) weeks prior to the event. If final payment is not received, April OHare will not be expected to attend said event. Additional custom orders, including but not limited to, reprints, enlargements, and/or albums must be paid for in full at the time of the order. Additional hours, i.e. those beyond the number of hours contracted for and stated in this contract, worked by April OHare, will be billed at the rate of one-hundred dollars ($100.00) per hour. If additional hours are worked, products will not be delivered until payment for those hours is received in full.
CANCELLATION
There shall be NO refund of retainer after three (3) days from the signing of this agreement due to the reservation of the photography date. If the event is cancelled within one (1) month of the event date, the client is liable for the balance of the contract due to the high probability that April OHare Photography will not be able to further book that date. All paid balances are NON-REFUNDABLE. Any alternative arrangements must be discussed and agreed upon between the client and April OHare. All alternative arrangements must be in writing in order to be deemed enforceable. Any cancellation notice must be in writing and sent to April OHare via email or U.S. mail.
FAILURE TO PERFORM
Due to the limited and subjective nature of the event, April OHare may not be held responsible for any requested photographs not taken or missed, schedule complications caused by third parties, including but not limited to, anyone in or at the event, the church, and/or any location restrictions. April OHare is not responsible for lost photo opportunities due to other cameras or flashes, or the lateness of the bride, groom, or other principles. April OHare is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, venue rules and restrictions, or the rendering of location decorations. The client is responsible for all location fees and permits.
FORCE MAJEURE
If April OHare cannot perform this agreement due to a fire, casualty, strike or any 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, or due to April OHares illness, then April OHare shall refund any monies paid by the client, but shall have no further liability with respect to this agreement.
COPYRIGHT
Title, i.e. possession, of and copyright to all products contracted for in this agreement shall remain with April OHare until full payment had been received from the client. All photos contracted for in this agreement are the copyrighted work of April OHare. The negatives and/or digital images (hereinafter collectively referred to as images) created by April OHare shall remain the property of April OHare. It is illegal to copy, scan, reproduce, or post online in forums elsewhere without the written permission of April OHare. With the exclusion of CD Negatives with print rights, violators of this federal law will be subject to its civil and criminal penalties.
EVENT FOOD SERVICE
A light meal is required for April OHare and any individual(s) assisting April OHare for events that last longer than four (4) hours. For events longer than six (6) hours a full course meal is required.
PRODUCT DELIVERY & PRICE LOCK
Upon notification, the client must arrange for pick up and delivery of albums prints and other products within a reasonable time period, not to exceed thirty (30) days after notification. April OHare is not responsible for any damage that may be incurred while the proofs and/or other final products are in storage after said thirty (30) days. All complaints must be made in writing via email or U.S. mail to April OHare within six (6) months after the date of the event. If no complaints are made within this time, this agreement will be considered completed in full, the client will be deemed to have waived his or her remedy rights against April OHare, and April OHare will have no further liability with respect to this agreement. April OHare may not be held liable in the event that photographic materials are damaged in the processing, lost/damaged in the mail, or otherwise lost or damaged without fault on the part of April OHare.
RETURNED CHECKS
Returned checks are subject to a fifty dollar ($50.00) returned check fee. The client assumes responsibility for any and all collection costs and legal fees incurred by April OHare in the event of enforcement of this contract becomes necessary.
CREATIVE LICENSE
Images are edited at April OHares discretion, and delivered prints may not include all images shot. April OHare reserves the creative right to edit and release only those images deemed creditable as professional in quality and within April OHares artistic standards.
ALBUM DESIGN
April OHare is responsible for the design of the composite album(s). The client will be provided a preview of the album before ordering. The client will be encouraged to make changes at that time. The client is required to mark images that must appear in the album. Once the album has been ordered, no other changes can or will be made.
ALBUM DELIVERY TIME
Album delivery is six-eight (6-8) weeks from the time the images are submitted. Due to the fact that printing and production is outside the control of April OHare, the client may not hold April OHare responsible for late or delayed albums.
CD/DVD STORAGE
Due to the lack of information about how long CDs/DVDs can hold information, April OHare recommends you back up your images on another media format other than CD/DVD. April OHare also recommends making multiple copies of CDs/DVDs every year to insure the images for years to come. April OHare may not be held responsible for the failure of CDs/DVDs. It is the clients responsibility to keep several copies of any CDs/DVDs in more than one (1) location, and back the images up on another format, such as a hard drive.
The undersigned hereby acknowledges that they have received, read, and understand April OHares current price list. Only the undersigned of this document can discuss any problems that arise.
I kindly ask that you get in touch with me seven (7) days prior to the date of your event via telephone call or email, to touch base and go over last minute details. I will make every effort to contact you, but it is the clients responsibility to contact me to confirm all events and times as previously described above.
Permission is herby granted to April OHare to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose deemed appropriate by April OHare.
April OHare retains the copyright to all images produced by April OHare. Clients must be given a written release to make personal copies of images from CDs or DVDs given to client. The client understands the images given on CD/DVD may not be used for profit or advertising.
CHANGE OF DATE OR VENUE
April OHare must be notified immediately of any changes in schedule or location, at least seven (7) days prior to the scheduled date of event. Notification of any changes may be made by phone, so long as written notice is also sent via email or U.S. mail for documentation. It is the clients responsibility to confirm all arrangements at least seven (7) days prior to the event. In the event of any material changes, including but not limited to, change of event address, change of event time, and/or change of clients contact information as listed, you must notify April OHare as previously described.
RETAINER
The retainer fee in full is required to hold the date of your event. No date is reserved until the full amount of the retainer fee is received. The remaining complete package price must be paid in full at least two (2) weeks prior to the event. If final payment is not received, April OHare will not be expected to attend said event. Additional custom orders, including but not limited to, reprints, enlargements, and/or albums must be paid for in full at the time of the order. Additional hours, i.e. those beyond the number of hours contracted for and stated in this contract, worked by April OHare, will be billed at the rate of one-hundred dollars ($100.00) per hour. If additional hours are worked, products will not be delivered until payment for those hours is received in full.
CANCELLATION
There shall be NO refund of retainer after three (3) days from the signing of this agreement due to the reservation of the photography date. If the event is cancelled within one (1) month of the event date, the client is liable for the balance of the contract due to the high probability that April OHare Photography will not be able to further book that date. All paid balances are NON-REFUNDABLE. Any alternative arrangements must be discussed and agreed upon between the client and April OHare. All alternative arrangements must be in writing in order to be deemed enforceable. Any cancellation notice must be in writing and sent to April OHare via email or U.S. mail.
FAILURE TO PERFORM
Due to the limited and subjective nature of the event, April OHare may not be held responsible for any requested photographs not taken or missed, schedule complications caused by third parties, including but not limited to, anyone in or at the event, the church, and/or any location restrictions. April OHare is not responsible for lost photo opportunities due to other cameras or flashes, or the lateness of the bride, groom, or other principles. April OHare is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, venue rules and restrictions, or the rendering of location decorations. The client is responsible for all location fees and permits.
FORCE MAJEURE
If April OHare cannot perform this agreement due to a fire, casualty, strike or any 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, or due to April OHares illness, then April OHare shall refund any monies paid by the client, but shall have no further liability with respect to this agreement.
COPYRIGHT
Title, i.e. possession, of and copyright to all products contracted for in this agreement shall remain with April OHare until full payment had been received from the client. All photos contracted for in this agreement are the copyrighted work of April OHare. The negatives and/or digital images (hereinafter collectively referred to as images) created by April OHare shall remain the property of April OHare. It is illegal to copy, scan, reproduce, or post online in forums elsewhere without the written permission of April OHare. With the exclusion of CD Negatives with print rights, violators of this federal law will be subject to its civil and criminal penalties.
EVENT FOOD SERVICE
A light meal is required for April OHare and any individual(s) assisting April OHare for events that last longer than four (4) hours. For events longer than six (6) hours a full course meal is required.
PRODUCT DELIVERY & PRICE LOCK
Upon notification, the client must arrange for pick up and delivery of albums prints and other products within a reasonable time period, not to exceed thirty (30) days after notification. April OHare is not responsible for any damage that may be incurred while the proofs and/or other final products are in storage after said thirty (30) days. All complaints must be made in writing via email or U.S. mail to April OHare within six (6) months after the date of the event. If no complaints are made within this time, this agreement will be considered completed in full, the client will be deemed to have waived his or her remedy rights against April OHare, and April OHare will have no further liability with respect to this agreement. April OHare may not be held liable in the event that photographic materials are damaged in the processing, lost/damaged in the mail, or otherwise lost or damaged without fault on the part of April OHare.
RETURNED CHECKS
Returned checks are subject to a fifty dollar ($50.00) returned check fee. The client assumes responsibility for any and all collection costs and legal fees incurred by April OHare in the event of enforcement of this contract becomes necessary.
CREATIVE LICENSE
Images are edited at April OHares discretion, and delivered prints may not include all images shot. April OHare reserves the creative right to edit and release only those images deemed creditable as professional in quality and within April OHares artistic standards.
ALBUM DESIGN
April OHare is responsible for the design of the composite album(s). The client will be provided a preview of the album before ordering. The client will be encouraged to make changes at that time. The client is required to mark images that must appear in the album. Once the album has been ordered, no other changes can or will be made.
ALBUM DELIVERY TIME
Album delivery is six-eight (6-8) weeks from the time the images are submitted. Due to the fact that printing and production is outside the control of April OHare, the client may not hold April OHare responsible for late or delayed albums.
CD/DVD STORAGE
Due to the lack of information about how long CDs/DVDs can hold information, April OHare recommends you back up your images on another media format other than CD/DVD. April OHare also recommends making multiple copies of CDs/DVDs every year to insure the images for years to come. April OHare may not be held responsible for the failure of CDs/DVDs. It is the clients responsibility to keep several copies of any CDs/DVDs in more than one (1) location, and back the images up on another format, such as a hard drive.
The undersigned hereby acknowledges that they have received, read, and understand April OHares current price list. Only the undersigned of this document can discuss any problems that arise.
I kindly ask that you get in touch with me seven (7) days prior to the date of your event via telephone call or email, to touch base and go over last minute details. I will make every effort to contact you, but it is the clients responsibility to contact me to confirm all events and times as previously described above.
Permission is herby granted to April OHare to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose deemed appropriate by April OHare.
April OHare retains the copyright to all images produced by April OHare. Clients must be given a written release to make personal copies of images from CDs or DVDs given to client. The client understands the images given on CD/DVD may not be used for profit or advertising.
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