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 Subject :I customized my Contract's Terms & Conditions - where can I find the d..
15-04-2009 11:05:09 
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Subject :I customized my Contract's Terms & Conditions - where can I find the default Terms & Conditions?

For your convenience we  include a default set of terms and conditions that you can modify in the Customize > Contract section. The default terms and conditions should not be constructed as legal advice, as they may not apply to your business or within your jurisdiction.

If you have already customized your terms and conditions and want to refer to the default set of terms and conditions, they are as follows:

AGREEMENT:

Accepting this agreement indicates that all parties have read and understand the entirety of this Contract.  The Client agrees to the costs and coverages  listed as well as the terms and conditions below.  The Client(s) indicated on this contract  shall be fully responsible for ensuring that full payment is made pursuant to  the terms of this agreement.

SUPPLYING  INFORMATION:  

The Company requires that  the Client supply the following information: the best possible directions to  & from any & all locations that the Photographer/Videographer is required to be; a timeline of all events that are expected to take place on the shooting day; a  reference list of moments that the Client would like to have captured.

EXCLUSIVE  PHOTOGRAPHER/VIDEOGRAPHER:  

The selected Photographer/Videographer  shall be the exclusive Photographer/Videographer retained by the Client for the purpose of photographing the event.  Family and  friends of the Client shall be permitted to photograph/video record the event as long as  they do not interfere with the Photographers/Videographers duties.

DEPOSIT & PAYMENT:

The Client shall make two payments; the first payment, also referred to as the initial deposit, (to retain the Photographer/Videographer to perform the services specified herein) is due at the signing of the contract.   The second payment of the remaining balance owed is due 30 days  prior to the shooting date, as specified on the front of this Contract.  Any balance over the amount  contracted (i.e. over-time coverage) is payable to the Company prior to the  delivery of any items included in the package/Contract.  

If the Client refuses to pay the final balance due, the Client shall be  in default hereunder and shall pay 10% interest compounded monthly APR on the  unpaid balance until the payment is made in full.

CANCELLATION:

If the Client cancels this Contract before the reserved date, any deposits paid shall be defaulted and  thus retained by the Company in full.   All payments are non-refundable, except as otherwise provided in this  contract.

IF SCHEDULED THROUGH  DINNER:

If the Photographer/Videographer is scheduled  through dinner or for 5 hours or more, a meal should be provided.  If no meal is provided, the Photographer/Videographer  reserves the right to take a reasonable dinner break on Client time.

COPYRIGHT &  REPRODUCTION:

All photographic materials  used shall be the exclusive property of the Company unless otherwise specified  on the cover page of this agreement.   The Company shall own the copyright of all images created and shall  have the exclusive right to make reproductions for the following: Client,  portfolio, self-promotions, contests, art exhibitions, website or for display  within or outside of the studio.  If  the Company desires to make other uses, they may not do so without  first contacting the Client and receiving permission in writing.

FAILURE TO PERFORM. 

If the Photographer/Videographer cannot perform this  Contract due to casualty, fire, act of God, or other cause beyond the control  of the said Photographer/Videographer, then the Company shall return to  the Client all monies paid, but the Company shall have no further liability  with respect to the Contract.  The  limitation on liability shall also apply in the event that the photographic  materials are damaged in processing or otherwise lost or damaged without fault  on part of the Company.  In the event  that the Photographer/Videographer fails to perform for any other reason, the Company shall  not be liable for any amount above this Contract.  In light of such an event, the Company will  offer to re-shoot whatever possible for the Client.

PHOTOGRAPHER/VIDEOGRAPHER:

The Company shall substitute another Photographer/Videographer to capture/record images in the event of the Photographers/Videographers  inability to perform this Contract. In the event of a substitution, the Company warrants that the Photographer/Videographer capturing/recording the images shall be a competent professional who is, at least, of equivalent competence as the photographer/Videographer  retained to perform this Contract. (as stated in the package section of this  contract).

LIMITATION OF  LIABILITY:  

The Client shall not be  liable for any loss or damage suffered by the Photographer/Videographer or assistant through no fault of the Client or Client’s guests. The Client shall not be liable for any loss or damage caused by the Photographer/Videographer or assistant to the shooting  locations or premises, and the Photographer/Videographer and the Company agree to defend and indemnify the Client against any such loss or damage.

RESCHEDULING:  

If the shooting date is rescheduled due to  casualty, fire, act of God, or other cause beyond the control of the Client,  the Company agrees to reasonably accommodate the services mentioned in this Contract on another date, and the Company shall apply all monies paid toward  the services provided on such rescheduled date.

INHERENT QUALITIES:  

Client is aware that color dyes in negatives/film or prints may fade or discolor over time due to inherent  qualities of dyes, and the Client releases the Company from any liability for  any claims whatsoever based upon fading or discoloration due to such inherent  qualities in black & white and color based negatives/films. 

STANDARD PRICE LIST:  

The charges in this Contract are based on the current standard price list at the time of the agreement and signing this contract.  Price lists are adjusted periodically and any orders placed outside of the amount contracted shall be charged at the prices in effect at the time the order is placed.

MISCELLANY:  
This Agreement incorporates the entire understanding of both parties. Any modifications of the Agreement must be in writing and signed by both parties.

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