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ENTIRE AGREEMENT:
This agreement contains the entire
understanding between the PHOTOGRAPHER
AND/OR VIDEOGRAPHER (MG Studio) 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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PRE-EVENT CONSULTATION:
The parties agree to a pre-event
consultation two to three days before the
event date in order to finalize the actual
shooting times, locations, and CLIENT's
request list for specific photographs. |
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COOPERATION:
The parties agree to cheerful cooperation
and communication for the best possible
result within the definition of this
assignment. PHOTOGRAPHER AND/OR
VIDEOGRAPHER is not responsible if key
individuals fail to appear or cooperate
during photography sessions or for missed
images due to details not revealed to
PHOTOGRAPHER AND/OR VIDEOGRAPHER.
PHOTOGRAPHER AND/OR VIDEOGRAPHER re-commends
that CLIENT designate an "event guide" to
point out important individuals for informal
or candid photographs |
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SHOOTING TIME/OVERTIME RATES/ADDITIONS:
CLIENT is responsible for added production
fees and expenses due to conditions imposed
by CLIENT but not revealed at contract
inception; e.g., photographic retouching of
serious blemishes, travel expenses due to
change of location, event overtime, or
additional portrait sessions. |
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HOUSE RULES:
The PHOTOGRAPHER AND/OR VIDEOGRAPHER is
limited by the guidelines of ceremony
official or reception site management.
CLIENT agrees to accept the technical
results of their imposition on the
PHOTOGRAPHER and/or VIDEOGRAPHER.
Negotiation with the officials for
moderation of guidelines is CLIENT's
responsibility; PHOTOGRAPHER AND/OR
VIDEOGRAPHER will offer technical
recommendations only. If PHOTOGRAPHER AND/OR
VIDEOGRAPHER is unable to record the event
due to certain guidelines setup by ceremony
location, CLIENT will be reimbursed for time
scheduled during the ceremony. |
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PREVIEWS:
Print previews and/or the eproof feature are
usually ready within 30 days of the event
date, except when laboratory schedules are
heavy. If CLIENT is unhappy with any of the
project images, CLIENT must provide a
statement in writing as to why they are
unsatisfied with the project images within
10 days after CLIENT is notified of eproof
upload for viewing. If CLIENT us unable to
supply in writing within the 10 day time
frame, CLIENT defaults to accepting the
images uploaded and is required to provide
full payment to PHOTOGRAPHER AND/OR
VIDEOGRAPHER. If any of the project images
are either exposed incorrectly and are not
correctable, CLIENT will receive a FREE
reshoot of its subjects, items or products
requested during the first shoot. Orders
received more than 90 days after
PHOTOGRAPHER AND/OR VIDEOGRAPHER has
presented the previews to CLIENT may be
subjected to price increases on items
including packages. |
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ALBUM & PRINT ORDERS:
Print orders and presentation albums
submitted online using the companies (Online
Proof System) must be paid in full prior to
order being generated. If CLIENT is unhappy
with the quality of their order, CLIENT must
provide notice in writing within 7 (seven)
days upon receiving their order. MG Studio
is not liable for any damages that may
accrue while in CLIENTS possession. |
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COPYRIGHTS:
The photographs produced by this
PHOTOGRAPHER AND/OR VIDEOGRAPHER are
protected by Federal Copyright Law (all
rights reserved) and may not be reproduced
in any manner without PHOTOGRAPHER AND/OR
VIDEOGRAPHER's explicitly written
permission. In the case of co-rights,
CLIENT may duplicate images for personal
use only. All publicly
displayed/printed images must have
PHOTOGRAPHER AND/OR VIDEOGRAPHER's approval
and release. |
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NEGATIVES & DIGITAL MEDIA:
If CLIENT goes with option for co-rights of
negatives and/or digital images,
PHOTOGRAPHER AND/OR VIDEOGRAPHER will have
negatives and/or digital images developed
and create a professional proof document.
Negatives may reside with CLIENT. However,
before proofs and negatives/digital media
are turned over to CLIENT, PHOTOGRAPHER
AND/OR VIDEOGRAPHER has option of creating
digital copies of selected images. If
CLIENT chooses to purchase an album or other
form of presentation, the negatives are not
for sale, but it is recommended that CLIENT
notify MG Studio of address changes, should
MG Studio choose to sell or relinquish
negatives at some future time. (Five years
is typical storage time.) |
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LIMIT OF LIABILITY:
In the unlikely event that the PHOTOGRAPHER
and/or VIDEOGRAPHER is injured or becomes
too ill to photograph the event,
PHOTOGRAPHER AND/OR VIDEOGRAPHER will make
every effort to secure a replacement
PHOTOGRAPHER and/or VIDEOGRAPHER. If the
situation should occur and a professional
replacement is not found, responsibility and
liability is limited to the return of all
payments received for the event package.
PHOTOGRAPHER AND/OR VIDEOGRAPHER takes the
utmost care with respect to exposure,
transportation, and processing the
photographs. However, in the unlikely event
that all the photographs have been lost,
stolen, or destroyed for reasons within or
beyond PHOTOGRAPHER AND/OR VIDEOGRAPHER
control, PHOTOGRAPHER AND/OR VIDEOGRAPHER
liability is limited to the return of all
payments received for the event package.
The limit of liability for a partial loss of
originals shall be a prorated amount of the
package selected, based on the percentage of
originals lost.
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SECURITY DEPOSITS:
In the event of a postponement or
cancellation, the security deposit paid
(50% U.S. Dollars) of total amount of
invoice. It shall be liquidated damages to
PHOTOGRAPHER AND/OR VIDEOGRAPHER in the
event of a breach of contract by CLIENT. If
PHOTOGRAPHER AND/OR VIDEOGRAPHER is able to
re-book the date with another project, the
security deposit will be refunded, minus a
processing fee of $150. CLIENT shall also
be responsible for payment for any
PHOTOGRAPHER AND/OR VIDEOGRAPHER labor or
material charges incurred up to time of
cancellation. If CLIENT chooses to secure
deposit and payment by Credit Card (Visa/Mastercard,
American Express), a 3% charge will be added
to each transaction balance submitted. |
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COMPLETION SCHEDULE:
For the option to purchase an album or other
viewing portfolio, albums take 2-4 weeks and
reprints 2-6 weeks after orders are placed,
except when labs and bindery schedules are
heavy. |
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PAYMENTS:
CLIENT agrees to timely payment. In event
of payment default, CLIENT is responsible
for (but not limited to) bad check fees,
collection costs, certified mailing,
lawyer's fees, and court costs. |
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MODEL/EXHIBITION/RELEASE:
CLIENT grants PHOTOGRAPHER AND/OR
VIDEOGRAPHER access to negatives and the
unrestricted right to copyright, use and
publish photographs resulting from this
assignment for commercial, promotion,
competition or other purposes such as, but
not limited to, print ads, brochures,
website, exhibits and other promotions
without compensation or liability to the
client. |