Melissa Pohl Photography Agreement
TERMS OF ENGAGEMENT
This Agreement is made effective for all purposes in all respects as of by and between , the undersigned, and Melissa Pohl Photography, hereinafter referred to as “the Photographer” relating to the provision of photographic services on the , hereinafter referred to as “Event(s)”.
The Event(s) will include a , named , hereinafter referred to as “Pet(s)”.
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
It is understood that the Photographer is, and will remain, the sole and exclusive owner of all right, title, and interest, throughout the world to all images and works created in the course of this Agreement, including but not limited to all images in their original and processed formats. The images and works produced by the Photographer may not be reproduced or altered in any manner not specified in this Agreement or 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, which do not fall under the Photographers usual service area. For all usual service area locations, I am still responsible for acquiring all permits necessary for my, my Child(ren)'s and my Pet(s) admittance.
Unless otherwise noted, the Photographer, and its associates or employees will be the exclusive Photographer(s) at Event(s). I understand that I must also notify the Photographer if I 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 the photoshoot, 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 its associates or employees experiences inappropriate, threatening, hostile or offensive behaviour from person(s) or pet(s) at the Event(s); or in the event that the safety of the Photographer or its associates or employees is in question. This will be treated as a session cancellation and I will be responsible for all incurred expenses up to the time of cancellation.
The Photographer is the sole and exclusive owner of all the equipment and/or materials supplied to me for the Event(s). I will be responsible for any damage to property through my, my Child(ren)'s and/or my Pet(s)' negligence, or wilful destruction. The amount of recovery for property damage may be established by evidence of replacement value, cost of repairs and loss of use until repaired or replaced. Theft or wilful destruction will be treated as a criminal offence.
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 but will be consistent with the work advertised in the portfolio. 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 invoice(s), 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. I agree to bring or organise specific props not covered in the relevant packages that I want photographed.
When applicable, for any locations outside of the Photographer's normal service area, 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 120 kilometres roundtrip of travel are included. All kilometres in excess of 120 kilometres roundtrip are charged at $0,68 per kilometre, unless otherwise noted in the invoice(s), 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, including but not limited to travel expenses incurred.
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 $50 fee + travel expenses of $0,68 per kilometre based on the distance between the Event(s) location(s) and the Photographer's home address.
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.
For editorial use, I agree to provide a credit line in the form of “© Melissa Pohl Photography ” 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.
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 its associates or employees shall be held harmless for any and all injuries inflicted upon any participating parties. I will be responsible for any participating parties, including but not limited to my Child(ren), my Pet(s) 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.
PROTECTION OF PERSONAL INFORMATION
I agree not to release any personal information, including but not limited to the physical address of the Photographer in any manner without written consent by the Photographer. Should I fail to adhere to the privacy protocols set forth in this agreement the Photographer will be entitled to exercise all rights and remedies available to it under provincial and federal law.
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 and each of the documents contemplated by or delivered under or in connection with this Agreement are governed by and are to be construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein and treated in all respects as an Alberta contract.
I hereby confirm that I am of legal age (18) and have every right to contract in my own name as stated above. I further affirm that I have read the above agreement, am familiar with its contents and that all information is true and correct.
This release shall be binding upon me and my heirs, legal representatives, and assigns.
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Document Name: Melissa Pohl Photography Agreement
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