Melissa Pohl Photography Agreement for Minors
TERMS OF ENGAGEMENT
This Agreement is made effective for all purposes in all respects as of by and between , parent or guardian with legal authority over , a child or children under the age of 18, hereinafter referred to as “Child(ren)”, and Melissa Pohl, an adult female photographer, hereinafter referred to as “Photographer” relating to the provision of photographic services on the , hereinafter referred to as “Event(s)”.
The Event(s) will include the following pets:
This Agreement expresses the full and complete agreement between and the Photographer regarding the subject matter hereof and no agreement, representations or warranties between the parties other than those set out herein are binding on the parties.
I, , assume responsibility for all collection costs and legal fees incurred by the Photographer should enforcement of this contract become necessary. 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 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.
No addition to or variation, consensual cancellation or novation of this agreement and no waiver of any right arising from this agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all the parties or their duly authorised representatives.
FIRST OWNERSHIP OF COPYRIGHT
I recognise that the Photographer is the author of the Photographs and the owner of the copyright subsisting in them, irrespective of the stipulations of Sects 21 (1)(c) and 21 (1)(e), with amendments, of the South African Copyright Act No 98 1978 as amended. Photographer is, and will remain, the sole and exclusive owner of all right, title, and interest, throughout the world to all photographs. The photographs produced by the Photographer may not be reproduced or altered in any manner not specified in the brief(s), estimate(s) or order confirmation(s).
VENUE AND LOCATION LIMITATIONS
The Photographer is limited by the rules and guidelines of the location(s) and site management. I agree to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is my responsibility; the Photographer will offer technical recommendations only.
I am responsible for acquiring all permits and necessary permission for all locations on which the Photographer will be performing services.
Unless otherwise noted, the Photographer, and it's associates or employees will be the exclusive Photographer(s) at Event(s). I understand that I must also notify the Photographer if they wish to have anything photographed in a particular way. The Photographer will not be held accountable for not photographing desired props or poses. The Photographer is not responsible if key individuals fail to appear or cooperate during photography, or for missed images due to details not revealed to the Photographer or for being beyond the Photographer's control.
The Photographer reserves the right to terminate coverage and leave the location of the Event(s) if the Photographer or it's associates or employees experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the Event(s); or in the event that the safety of the Photographer or it's associates or employees is in question.
POST PRODUCTION AND EDITING
The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer. I may request further changes for an additional charge.
A signed contract, as well as an advance of 50% of fees are required to book the dates and times of the Event(s). Full payment must be received by the Photographer prior to image delivery. If payment is not received by the due date, any use of the Photographs may, at the Photographer's discretion, be considered unauthorised and the License withdrawn and become subject to renegotiation.
Services, licenses or merchandise not included in the initial brief(s), estimate(s) or order confirmation(s) are subject to change.
Where additional expenses are incurred by the Photographer due to changes in the original brief by me or by circumstances beyond the Photographer's control, I agree to pay such reasonable expenses and/or fees at the Photographer's normal rates.
When applicable, I am responsible for all travel, accommodation and transport costs unless provided by me. All travel expenses are based on the distance between the Event(s) location(s) and the Photographer’s home address. For all Event(s), the first 30 kilometres roundtrip of travel are included. All kilometres in excess of 30 kilometres roundtrip are charged at R3,50 per kilometre, unless otherwise noted in the brief(s), estimate(s) or order confirmation(s).
If the Event(s) are cancelled; or if there is a breach of contract by me, I am responsible for all incurred expenses up to the time of cancellation.
I understand that I must arrive to my photography session at the scheduled start time. If I am late the session time will not be extended. If I am more than 20 minutes late, the session will be cancelled. Rescheduling is subject to a R95 fee.
The Photographer grants me permission to share the Photographs delivered 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 the Photographer. I agree to use the Photographs containing the Melissa Pohl Photography Watermark supplied. The Photographs delivered are for personal use only, I may not publish, sell or use the Photographs in a commercial capacity.
I agree not to scan, copy or reproduce printed images in any manner without written permission. All rights not expressly granted to me remain the exclusive property of the Photographer. Any use of the Photographs delivered in a manner not expressly authorised by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling the Photographer to exercise all rights and remedies available to it under copyright laws around the world.
For editorial use, I agree to provide a credit line in the form of “© ” in type no smaller than the nearest text and immediately adjacent to the picture used.
Any use of Licensed Material in a manner not expressly authorised by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling the Photographer to exercise all rights and remedies available to it under copyright laws around the world. I shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party.
LOSS OR DAMAGE
In the unlikely event that the Photographer 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 the Photographer, 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 the Photographer's control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer 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. The Photographer is not liable for the loss of images beyond the lesser of the final delivery of all products included in the assignment or one year.
I hereby waive, release, and discharge the Photographer and all its affiliates, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur at the Event(s). The Photographer and it's associates or employees are not responsible for any injuries inflicted upon any participating parties. I will be responsible for my pet(s), the Child(ren) and for myself and release the Photographer from any claims against their person or their business.
I agree to indemnify and hold harmless the Photographer from all liability, claims, demands, causes of action, judgements, damages, and expenses arising out of or as a result from use of the Photographs by me.
In the event of any unresolvable dispute in the interpretation of the terms of this contract, I agree to submit the dispute to either an arbitration process or mediation process, at the Photographers option.
This agreement shall be governed by the laws of the Republic of South Africa.
I, , hereby certify that I am the adult parent or legal guardian of the Child(ren) named above. I further affirm that I have read the above agreement, and am familiar with its contents. This release shall be binding upon me, the Child(ren) and the heirs, legal representatives, and assigns.
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Document Name: Melissa Pohl Photography Agreement for Minors
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