1. Retainer and payment. Upon booking your session, AlottaWatts Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. The Client shall make a non-refundable retainer of 50% to AlottaWatts Photography to perform the services specified herein. Upon payment, AlottaWatts Photography will reserve the time and date agreed upon by both partied exclusively for you. The full amount of the selected collection must be paid at least 3 days prior to the date of event. No services will be made until full payment is made. No photos shall be released until full payment is made.
2. Cancellation. If client requests to amend or cancel this agreement, the retainer shall be applied to a mutually agreed upon reschedule date, with a 50$ rescheduling fee. If Client cancels this agreement (or fails to show) at least 1 week prior to the date of the event, all payments made to AlottaWatts Photography shall be forfeited. Client understands and agrees that AlottaWatts Photography will not book other sessions or weddings during this time. In the event that Client cancels the session or fails to attend the Session Date for any reason, AlottaWatts Photography shall suffer losses that are difficult to ascertain. Retainer will NOT be refunded due to client’s error.
3. Rescheduling/Late Arrivals. In the event that the Client requests to reschedule their session, the retainer shall be applied to a rescheduled session if notice is given at least 1 week prior to scheduled event. A $50 rescheduling fee will apply. Reschedule must be within same calendar year. A new retainer will be made if date change is made past the end of the year before original agreed upon session date. Any Client that is late arriving to the session will have the amount of time allotted for session.
4. Artistic Rights. AlottaWatts Photography retains the right of discretion in selecting the photographic materials released to the client.
5. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of AlottaWatts Photography. AlottaWatts Photography shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 3 weeks of the session. When the online proofing gallery is delivered, it shall remain open for 3 months from delivery date.
6. Copyright and Reproductions. AlottaWatts Photography shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on AlottaWatts Photography’s website and/or studio. If AlottaWatts Photography desires to make other uses, the photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.
7. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than AlottaWatts Photography. The Client must act in accordance with this release.
8. Social Media. The Client may share blog post links, Instagram posts, and Facebook albums though use of the share functions and dissemination of direct links, or in any other fashion the photographer provides. Client shall not copy, screenshot, or capture the photographs in any other fashion (ex. Saving or screenshotting on Facebook/Instagram). Client must credit/tag AlottaWatts Photography in any posts or shares of their own.
9. Capturing Desired Photographs. The Client(s) will be responsible for designating an Event Guide, if desired. The role of the Event Guide is to identify people/objects of whom/which specific photographs are desired, as well as to make certain that these subjects are available when needed. It is recommended that the client(s) develop a list of desired poses, locations and subjects (family and friends; items; etc.) and share this with AlottaWatts Photography 2 weeks before the session if desired. The Photographer will NOT be held accountable for not capturing desired photographs if there is no one to assist in identifying or gathering people/items/locations for the photograph(s). The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. AlottaWatts Photography is not responsible for key individuals’ failure to be present or to cooperate during photography session, neither for missed images due to details not revealed to AlottaWatts Photography
10. Sole Photography. It is understood that AlottaWatts Photography will act as the sole and exclusive photographer. AlottaWatts Photography reserves the right to bring one assistant at their discretion.
11. Failure to Perform. If AlottaWatts Photography is unable to perform this agreement due to illness, emergency, fire casualty, strike, unsafe environment, threat, act of God or causes beyond the control of the Photographer, AlottaWatts Photography will not be held liable for missing scheduled session coverage. AlottaWatts Photography will arrive at the session to the best of their abilities. If coverage and photographic services cannot be fulfilled by AlottaWatts Photography, AlottaWatts Photography shall return the retainer to the client and shall have no further liability. Further, if AlottaWatts Photography is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited. The limit of liability shall not exceed the contract price stated herein. AlottaWatts Photography will not be held responsible for any ruined photographs due to any cause in or outside AlottaWatts Photography's control.
12. Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
13. Limitation of Complaint. Client will have thirty days after gallery delivery to make AlottaWatts Photography aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to wedding day coverage. If deemed appropriate by AlottaWatts Photography, a correction will be made and photos will be re-edited accordingly, free of charge. After this 30-day term has expired, AlottaWatts Photography will no longer be liable to client for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made if deemed appropriate by AlottaWatts Photography but the hourly fee of $150 for retouching will be billed with a minimum of one hour required.
14. Indemnification. AlottaWatts Photography shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.
15. Miscellany. This agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
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