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Contract
Information |
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First Name |
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Last Name |
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Email |
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Phone |
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2nd
First Name |
(2nd party, parent, or guardian information) |
2nd
Last Name |
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2nd
email |
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2nd
phone |
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Street Address |
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City |
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State |
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| Under
18: |
Check only if under the age
of 18 |
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| *Session
Type |
(Select One) |
| *Session
Date |
(mm/dd/yyyy) |
| *Session
Time |
(appx time ie morning, 8 am, etc)
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| *Location |
(On Location, Studio, Garden of the Gods,
etc.) |
*Theme, Ideas,
Notes, etc.
ie, YOUR EXPECTTIONS:
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Contract Agreements
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AGREEMENT Overview: |
This agreement contains the entire understanding
between Summit 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 the parties. If the parties want to waive one provision
of this agreement, that does not mean that any other provision
is also waived. The party against whom a waiver is sought to be
effective must have signed a waiver in writing. |
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I agree |
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COOPERATION: |
Unless otherwise noted, Summit Photography, it's associates
or employees will be the exclusive photographer(s) at this event.
CLIENT agrees that guests may not take photos of the assigned photographer(s)
setups, poses or arrangements without prior permission of the photographer(s).
The Parties agree that good faith cooperation and communication
between them is important in obtaining a good result. Summit Photography
recommends that CLIENT identify to the photographer(s) important
individuals during the event and during associated portraits, if
they wish to have them photographed. Summit Photography or the photographer(s)
will not be held accountable for not photographing desired guests
if there is no one to assist in identifying and gathering people
for photograph's. Summit Photography is not responsible if key individuals
fail to appear or cooperate during photography, or for missed images
due to details not revealed to Summit Photography or beyond the
photographer(s) control. |
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I agree |
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IMAGES and COPYRIGHTS:
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The photographs produced by Summit Photography are protected
by Federal Copyright Law (all rights reserved) and may not be reproduced
in any manner without Summit Photography's explicitly written permission.
Upon final payment by the client, the client has limited copyright
ownership of the resulting images. Reproduction in any form (including
computer or digital imaging or scanning) without written consent
is strictly prohibited. |
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I agree |
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MODEL RELEASE: |
For good and valuable Consideration herein acknowledged as
received, and by signing this release I hereby give the Photographer
my permission to license the Images and to use the Images in any
Media for any purpose (except pornographic or defamatory) which
may include, among others, advertising, promotion, marketing and
packaging for any product or service. I agree that the Images may
be combined with other images, text and graphics, and cropped, altered
or modified. I agree that I have no rights to the Images, and all
rights to the Images belong to the Photographer/Filmmaker and Assigns.
I acknowledge and agree that I have no further right to additional
Consideration or accounting, and that I will make no further claim
for any reason to Photographer/Filmmaker and/or Assigns. I acknowledge
and agree that this release is binding upon my heirs and assigns.
I agree that this release is irrevocable, worldwide and perpetual,
and will be governed by the laws of the United States of America.
I represent and warrant that I am at least 18 years of age and have
the full legal capacity to execute this release. |
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I agree |
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LIMIT OF LIABILITY: |
In the unlikely event that the photographer is injured or
becomes too ill, or has an extreme emergency that prevents him from
photographing the event/session, Summit Photography will make every
effort to reschedule the event. If for whatever reason this is not
possible, responsibility and liability is limited to the return
of all payments received for the package purchased. Summit Photography
takes the utmost care with respect to exposure, transportation,
and processing the photographs. However, in the unlikely event that
photographs have been lost, stolen, or destroyed for reasons within
or beyond Summit Photography's control, Summit Photography liability
is limited to the return of all payments received for the portrait
package. |
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I agree |
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RETAINER &
PAYMENT SCHEDULE: |
Upon your signature, Summit Photography will reserve the time
and date agreed upon, and will not make other reservations for that
time and date. For this reason, the Reservation Deposit of 50% is
non-refundable, even if the date is changed or the event/session
cancelled for any reason; including acts of God, fire, strike and/or
extreme weather. Reservation Deposit may be substituted with Session
Fee in the event of portrait photography. Session Fees are non refundable
and listed in the price list sheet found on www.summit-photography.net
The Reservation Deposit is to be paid at time of signing the contract.
The Reservation Deposit is applied towards the contracted photography,
unless the fee collected is a session fee. Session fees are not
applied towards any packages, prints, albums, etc; rather they are
fees for the photographers time during the session. THE CLIENT understands
and agrees that the entire amount owed described in the contract
is due on [event date / delivery of goods sold]. |
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I agree |
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CANCELLATION: |
In the event that THE CLIENT cancels the contracted outlined
in this contract before the session/event takes place, the deposit
will be forfeit. Summit Photography agrees to refund all additional
paid money (less expenditures for which receipts will be provided),
to THE CLIENT. |
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I agree |
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EVENT GUIDE:
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THE CLIENT will be responsible for (or have
someone designated for this responsibility) identifying people/objects
of whom/which specific photographs are desired. The photographer
will NOT be held accountable for not photographing desired people
if there is no one to assist in identifying or gathering people
for the photograph(s). |
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I agree |
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COOPERATION: |
The parties agree to positive cooperation and communication
for the best possible result within the definition of this assignment.
Summit Photography is not responsible for key individuals’ failure
to be present or to cooperate during photography sessions, neither
for missed images due to details not revealed to Summit Photography.
Summit Photography recommends that THE CLIENT designate an "event
guide" (see PRE-EVENT CONSULTATION below) to point out important
individuals to the photographer, whom THE CLIENT wishes to include
in informal or candid photographs. |
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I agree |
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SHOOTING TIME
/ ADDITIONS: |
The photography schedule and selected methodology are designed
to accomplish the goals and wishes of THE CLIENT in a manner enjoyed
by all parties involved. THE CLIENT and Summit Photography agree
that positive cooperation and punctuality are therefore essential.
Shooting commences at the scheduled time. Should the session/event
start late due to any reason whatsoever, Summit Photography will
not be held liable for any photographs not taken. |
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I agree |
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HOUSE RULES:
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The photographer is limited by the guidelines of the session/event
official or the reception site management. THE CLIENT agrees to
accept the technical results of their imposition on the photographer.
Negotiation with the officials for moderation of guidelines is THE
CLIENT'S responsibility; Summit Photography will offer technical
recommendations only. |
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I agree |
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GUEST COOPERATION:
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THE CLIENT is responsible for the conduct of their guests.
THE CLIENT will direct all other service providers (florist, DJ,
caterer, etc.) to provide any needed information and cooperation
to the photographer. Coordination with other service providers is
necessary to complete all the photography sessions as scheduled.
THE CLIENT should share the photography schedule with other service
providers to make sure that there is no conflict in times. In addition,
events during the session/event should be planned to make the best
use of time from all vendors.
Summit Photography will not tolerate verbally or physically abusive
behavior, nor will it share its time or compete with guest photographers
for the attention of the subjects. Unchecked guest conduct that
interferes with photography may seriously affect the quality of
the photographs taken and increase the number of times photos must
be re-taken. If THE CLIENT is unable to control the conduct of their
guests, resulting in an unacceptable degree of misconduct, or if
the conduct of any of their guests damages the equipment of the
photographer, it will result in the early or immediate departure
of the photographer. THE CLIENT understands that in such an event,
no refunds will be granted.
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I agree |
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PRE-EVENT CONSULTATION:
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The parties agree to a pre-event consultation
before the session/event date in order to finalize the actual
shooting times and locations. |
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I agree |
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COMPLETION SCHEDULE:
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The printing process can only start once Summit Photography
receives the order list for the required images. Digital processing
usually takes approximately 2 - 4 weeks. Creation of any album usually
takes 8-12 weeks, enlargements usually 1-2 weeks or possibly longer
when laboratory and bindery schedules are heavy. Laboratory delays
are not a result of Summit Photography, and Summit Photography will
not be held liable for any delays due to the laboratory. Summit
Photography will make any effort possible to ensure delays do not
occur, and will keep THE CLIENT abreast of any potential delays. |
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I agree |
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PURCHASE OF
DIGITAL NEGATIVES: |
If THE CLIENT desires a copy of the additional digital
negatives (images selected for the paid package) in high resolution,
these images may be purchased at a specified cost and will be
supplied on CD.
Summit Photography will NOT be held liable in any form if
THE CLIENT decides to print the pictures at a different lab other
than Summit Photography. Summit Photography invests heavily to
ensure the highest quality prints and cannot assure that other
print labs are color calibrated, use the same profiles, or print
to a high standard. Summit Photography will NOT refund any money
due to another print labs quality of prints. |
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I agree |
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PENALTY FEES
& CHARGES: |
There is a $200.00 or 25% of total package price (whichever
is greater) late payment fee for any payments that are not postmarked
or delivered to Summit Photography by the required date. |
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I agree |
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RIGHT OF WITHDRAWAL:
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Summit Photography's discovery of new information, changes
to agreed circumstances, or other factors which tends to circumvent
its policies may result in its withdrawal. Non-cooperation; changes
in locations, facilities or available times; missed appointments
and late payments are examples of contributing factors. Should Summit
Photography initiate the withdrawal, all fees will be returned,
excluding deposit as well as fair market value for all services/products
already provided. In case of withdrawal, $100.00 an hour is charged
for all photography services already provided and $60.00 an hour
is charged for all other services, consultations and all driving
time, rounded up to the nearest half-hour. |
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I agree |
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LIMIT OF LIABILITY:
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In the unlikely event of severe medical, natural, or other
emergencies, it may be necessary to retain an alternative photographer.
Summit Photography will make every effort to secure a replacement
photographer able and/or willing to provide a similar package as
chosen in this contract at the same/similar tariff. If such a 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 package.
Summit Photography takes the utmost care with respect to exposure,
transportation and processing of photographs; including using professional
grade equipment and professional grade backup equipment. However,
in the unlikely event of THE CLIENT’S photographs being lost, stolen
or destroyed for reasons within or beyond Summit Photography's control,
the latter’s liability is limited to the return of all payments
received for the event package. The limit of liability shall not
exceed the contract price stated herein. 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.
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I agree |
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NON-GUARANTEE: |
Although every possible care will be taken to produce photographs
of all important and special events during event/session, Summit
Photography cannot place an unconditional guarantee on the above.
Summit Photography will not be held responsible for any ruined photographs
due to guests’ (or any other) flashes; or any other ruined photographs
due to any other cause in or outside of Summit Photography's control. |
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I agree |
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PERFORMANCE:
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The performance of this contract on behalf of Summit Photography
shall be contingent upon acts of God, flood, fire, warfare, government
laws or regulations, electrical failure, strikes by suppliers, and/or
conditions beyond its control. |
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I agree |
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SEVERABILITY:
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If any provision of this agreement is held to be invalid or
unenforceable under the law, the validity of this agreement as a
whole shall not be affected, and the other provisions of the agreement
shall remain in full force and effect. |
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I agree |
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AMENDMENTS:
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This contract has been freely negotiated and shall be recognized
as the entirety of the agreement. Only those changes or modifications
specifically placed in writing, attached, dated and signed by THE
CLIENT and Summit Photography at the time of acceptance of this
contract shall be recognized as amendments to this contract. |
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I agree |
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REPRINT ORDERS:
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Reprints of photos not included in the original package may
be ordered at the current rates found on www.summit-photogrpahy.net |
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I agree |
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ALBUMS: |
Album images are chosen by Summit Photography. Once designed,
the design may be viewed CLIENT for final approval. Minimal changes
may be made at that time, but no changes may be made after final
album approval. Changes in more than 10% of pages may incur additional
charges. Production and delivery time will be approximately six
weeks from final approval date. |
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I agree |
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| Electronic Signatures: |
(client
#1) |
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(client
#2, parent, or guardian) |
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* Denotes a required field
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