Terms & Consent - InPhocus

Terms & Agreements

This Agreement is made effective for all purposes in all respects as of ____________ (current date) by and between IN PHOCUS PHOTOGRAPHY, hereinafter referred to as “the COMPANY” and _____________, hereinafter referred to as “IN PHOCUS PHOTOGRAPHY” relating to the event(s) detailed below, hereinafter referred to as “The EVENT(S)”.

ENTIRE AGREEMENT: This agreement contains the entire understanding between IN PHOCUS PHOTOGRAPHY 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: 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 IN PHOCUS PHOTOGRAPHY. The CLIENT shall also be responsible for payment for any of the COMPANY’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 confirmation of receipt must be obtained from IN PHOCUS PHOTOGRAPHY by the CLIENT.

COPYRIGHTS: The photographs produced by IN PHOCUS PHOTOGRAPHY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicitly written permission. If the CLIENT has purchased an “Image DVD” from IN PHOCUS PHOTOGRAPHY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an “Image DVD” from the COMPANY, IN PHOCUS PHOTOGRAPHY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to IN PHOCUS PHOTOGRAPHY. The CLIENT must obtain written permission from IN PHOCUS PHOTOGRAPHY prior to publishing or selling the photographs.

MODEL RELEASE: The CLIENT hereby assigns IN PHOCUS PHOTOGRAPHY the irrevocable and unrestricted right to use and publish photographs 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. By signing below the CLIENT hereby affirms to be over the age of 18.

MINOR MODEL RELEASE: The CLIENT hereby releases IN PHOCUS PHOTOGRAPHY from any and all claims and demands in connection with the use or production of photographs, including, but not limited to, claims for libel, invasion of privacy, and profits that may arise from use of images. By signing below the CLIENT hereby affirms to represent the CLIENT as legal parent or guardian of below named minor and hereby consent to the foregoing on his/her behalf.

SAFETY: IN PHOCUS PHOTOGRAPHY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from IN PHOCUS PHOTOGRAPHY is in question.

SHOOTING TIME / ADDITIONS: The CLIENT and IN PHOCUS PHOTOGRAPHY 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, and transport costs.

TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and IN PHOCUS PHOTOGRAPHY studio address. For all EVENT(S), the first __ miles roundtrip of travel are included. All miles in excess of ____ miles roundtrip are charged at $__.____ per mile.

RESPONSIBILITIES: IN PHOCUS PHOTOGRAPHY is not responsible for compromised coverage due to causes beyond the control of IN PHOCUS PHOTOGRAPHY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. IN PHOCUS PHOTOGRAPHY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). IN PHOCUS PHOTOGRAPHY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).

VENUE AND LOCATION LIMITATIONS: IN PHOCUS PHOTOGRAPHY 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 IN PHOCUS PHOTOGRAPHY. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; IN PHOCUS PHOTOGRAPHY will offer technical recommendations only.

PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which IN PHOCUS PHOTOGRAPHY will be performing services.

LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from IN PHOCUS PHOTOGRAPHY 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 IN PHOCUS PHOTOGRAPHY, IN PHOCUS PHOTOGRAPHY 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 IN PHOCUS PHOTOGRAPHY’s control, including but not limited to camera, hard drive, or equipment malfunction, IN PHOCUS PHOTOGRAPHY 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. IN PHOCUS PHOTOGRAPHY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.

CAPTURE AND DELIVERY: IN PHOCUS PHOTOGRAPHY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of IN PHOCUS PHOTOGRAPHY.

POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of IN PHOCUS PHOTOGRAPHY.

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, IN PHOCUS PHOTOGRAPHY shall have the right to immediately terminate this agreement without further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $_____ non-sufficient funds fee.

I, the CLIENT, _____________, hereby agree to and fully understand the contents of this contract and release, as well as this agreement being legally binding to me, the COMPANY and all hires of IN PHOCUS PHOTOGRAPHY.

Dated: ____/___/______

Name (printed): ____________________

Minor Name (if applicable): ____________

Legal Signature: _____________________

Address: ___________ City: ___________ State/Zip: ____/_______

Phone Number: (___)____-______

Email: ___________________