Ian Russell Photography Contract
The staff at Ian Russell Photography considers photography to be fun and enjoyable, and all members of its staff will do everything in their power to help you feel the same way while you are working with us. The purpose of this contract is to ensure we have a positive and professional working arrangement. We are excited to be working with you.
ENTIRE AGREEMENT: This agreement contains the entire understanding between IAN RUSSELL PHOTOGRAPHY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
RESERVATION: A signed contract and 50% retainer fee are required to reserve the dates and times of the EVENT(S). The remaining balance is payable in full 15 days prior to the EVENT(S). In the event the CLIENT fails to remit payment as specified, IAN RUSSELL PHOTOGRAPHY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $35 non-sufficient funds fee.
COUNTERPART CLAUSE: If the parties involved in the signing this contract are in separate locations, it is recognized that they will be signing separate copies of the same document. The signed copies will together form a single binding contract. It is further recognized that the parties involved are allowed to sign the contract through different methods of transmission, such as using an electronic signature, fax, scanning and emailing the signature portion of the contract.
Cancelation and Postponement: If the EVENT(S) are cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable, and the remaining balance will be paid within 5 days of cancelation, and shall be liquidated damages to IAN RUSSELL PHOTOGRAPHY. If the event(s) are rescheduled, or postponed, any additional expenses will be paid by the CLIENT.
COOPERATION: Photography is fun, and the parties involved agree to positive cooperation, and communication for the best possible result within the definition of this assignment. IAN RUSSELL PHOTOGRAPHY is not responsible for the CLIENTS key individuals’ failure to be present or cooperation during photography sessions.
SHOOTING TIME / ADDITIONS: The CLIENT and IAN RUSSELL 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 at $500 per hour.
EVENT SCHEDULE: The client agrees to confirm the schedule 15 days 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 IAN RUSSELL PHOTOGRAPHY by the CLIENT.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise or services purchased from IAN RUSSELL PHOTOGRAPHY.
SAFETY: IAN RUSSELL PHOTOGRAPHY reserves the right to terminate coverage and leave the location of the EVENT(S) if the photographer(s), or staff, from the IAN RUSSELL PHOTOGRAPHY experience inappropriate, threatening, hostile or offensive behavior from any person(s) at the EVENT(S); or in the event that the safety of any member of the team from the IAN RUSSELL PHOTOGRAPHY is in question. No refunds will be given.
MEALS: For packages four hours or longer where meals are being provided for participants, the CLIENT will provide one meal for each person working with the IAN RUSSELL PHOTOGRAPHY. The staff of IAN RUSSELL PHOTOGRAPHY will take their meal at the same time as the participants of the EVENT. During the course of the EVENT the staff of IAN RUSSELL PHOTOGRAPHY will take brief breaks to keep themselves refreshed.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT. Photography that takes place in and around Hana, HI, or off of the island of Maui have additional expenses applied to them.
RESPONSIBILITIES: IAN RUSSELL PHOTOGRAPHY is not responsible for compromised coverage due to causes beyond the control of the IAN RUSSELL PHOTOGRAPHY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to IAN RUSSELL PHOTOGRAPHY, rendering of decorations, or restrictions of the locations. IAN RUSSELL PHOTOGRAPHY is not responsible for backgrounds or lighting conditions, which may negatively impact or restrict the photo coverage. IAN RUSSELL PHOTOGRAPHY is not held liable for missed coverage of any part of the EVENT(S). IAN RUSSELL 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: IAN RUSSELL 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 IAN RUSSELL PHOTOGRAPHY. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; IAN RUSSELL PHOTOGRAPHY will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which IAN RUSSELL PHOTOGRAPHY will be performing services.
COPYRIGHTS: The photographs produced by IAN RUSSELL PHOTOGRAPHY are protected by Federal Copyright Law (all rights reserved). Upon final payment from the CLIENT, the CLIENT obtains a limited usage agreement of the resulting images, which includes print rights, and 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 IAN RUSSELL PHOTOGRAPHY. The CLIENT must obtain written permission from Ian Russell Photography prior to publishing or selling the photographs.
MODEL RELEASE: The CLIENT hereby assigns IAN RUSSELL PHOTOGRAPHY the right to use and publish photographs of the CLIENT, or in which the CLIENT may be included, for editorial, trade, advertising, or educational purposes. The CLIENT releases all claim to profits that may arise from use of the images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the IAN RUSSELL 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 IAN RUSSELL PHOTOGRAPHY, IAN RUSSELL 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 IAN RUSSELL PHOTOGRAPHY’s control, including but not limited to camera, hard drive, or equipment malfunction, IAN RUSSELL PHOTOGRAPHY’s 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. IAN RUSSELL PHOTOGRAPHY will keep copies of all images from the EVENT(S) for one year from the date of the event.
CAPTURE AND DELIVERY: IAN RUSSELL PHOTOGRAPHY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the sole discretion of IAN RUSSELL PHOTOGRAPHY. IAN RUSSELL PHOTOGRAPHY will provide the CLIENT with their digital images no more than 6 weeks after the date of the photography EVENT(S).
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the sole discretion of IAN RUSSELL PHOTOGRAPHY.
PHYSICAL MERCHANDISE: These items are deemed to be the best available technology at the time of issue. The CLIENT is aware that color inks in photographic prints, and wedding albums may fade or discolor over time due to the inherent qualities of inks, and the Client releases IAN RUSSELL PHOTOGRAPHY from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Due to the custom nature of Photography, all sales are final unless a product item is lost or damaged prior to, or during delivery to the CLIENT, in which case it will be replaced by IAN RUSSELL PHOTOGRAPHY. IAN RUSSELL PHOTOGRAPHY does not take responsibility for lost or damaged images once delivered to the CLIENT. The CLIENT is responsible for backing up, and storing images once delivered.
ARBITRATION: In the unlikely event that there is an dispute, and the dispute is unresolvable, IAN RUSSELL PHOTOGRAPHY and the CLIENT agree to seek resolution through legal binding arbitration, with a professional mediator on the island of Maui, HI.
SEVERABILITY: 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.
I have read and understood the terms above. I hereby agree to the terms of this agreement.