This constitutes an order for photographic services. It is understood that all proofs, negatives, digital files and sample prints remain the property of the Photographer and they may be used for advertising, display or any purpose thought proper by the Photographer. All copyrights are retained by the Photographer in accordance with US Copyright Law.
2. Image Availability
Unless otherwise agreed upon, all images (digital or otherwise) will remain in the possession of the Photographer. Images sized suitable for web and / or e-mail distribution will be provided to the Client.
3. Exclusive Photographer
The Photographer shall be the exclusive Photographer retained by the Client for the purpose of photographing the event and all other photographic sittings specified herein. Family and friends of the Client will be permitted to photograph the event and all other photographic sittings specified herein as long as they do not interfere with the Photographer's duties and do not photograph poses arranged by the Photographer.
Meals/refreshments will be provided to Photographer and his staff.
It is recommended that the couple provide a timeline of the event day and list of desired photos no less than one week prior to the event in order to assist him and his staff.
Although all care will be taken with the negatives and photographs and digital images taken at the event, Photographer limits any liability for loss, damage or failure to deliver pictures for any reason to return of all Photographer fees paid.
7. Booking Process
The event is only considered booked after a signed contract has been received by the Photographer and the reservation fee has been paid. Bookings are taken on a first come, first served basis. The first contract and retainer fee received will be accepted. Unfortunately, it is not possible to 'hold' a date.
8. Reservation Fee
A non-refundable reservation fee of $750 is required to book your date and time for photographic services. Upon signature of the contract and receipt of reservation fee, the Photographer reserves the time and date agreed upon, and will not make other reservations for that time and date. For this reason all paid fees are non-refundable.
9. Shipping Liability
All products or materials may be picked up at the convenience of the Client. If this is inconvenient, the items may be shipped to the Client at the Client's expense by a shipping method that allows tracking of the package and with an appropriate amount of insurance. Liability for loss or damage of any items once they have entered into the custody of the shipping company will no longer rest with the Photographer but will transfer to the shipping company. Client may stipulate in writing a specific shipping company and amount of insurance coverage; otherwise the Client agrees to leave this choice up to the Photographer.
10. Change of Date
In the case of a change in date of the event, the Photographer may allow the booking to be moved to the new date if the Photographer does not already have a previous booking for that date at an additional charge of $150. If the Photographer is unable to accommodate the new scheduled date, Client forfeits all fees paid up to date of notice.
At the time the contract becomes effective, the Photographer reserves the time and date agreed upon and will not make any other reservations for that time and date. For this reason, in the event the Client cancels this contract for any reason, unless the Photographer is able to fully replace the cancelled reservation, all monies paid shall be retained by the Photographer to offset the Photographer's loss of business. For this reason, no monies will be refunded until after the contracted event date.
12. Acts of God
The Photographer will not be held liable in the event of fire, strike, casualty, act of God, or other cause beyond the control of the parties. In such event, the Photographer may allow the booking to be moved to a new date at the sole discretion of the Photographer.
13. Inclement Weather
The Photographer will not be held liable in the event of environmental conditions beyond control and reserves the right to decline photography outdoors in inclement weather. The Client is responsible for alternate locations for any photographic services.
14. Inherent Defects
Although back-up equipment for all essential items is carried, the Photographer is not liable for damages, including but not limited to delay or omission arising from inherent equipment defects or fault, or other causes beyond control. Liability in any event is limited to refund of all Photographer's fees paid in part or full based on services completed and delivered.
15. Substitute Photographer
The Photographer may offer to the Client a substitute Photographer to take photographs in the event of Photographer's illness. In the event of such substitution, Photographer warrants that the Photographer taking photographs shall be a competent professional. Client is not obligated to accept Photographer's substitute, in which case Photographer will return all fees paid by Client.
16. Damage to Equipment
In the event any of the Photographer's equipment is damaged or destroyed, either accidentally or intentionally, by the Client, event guests and attendants, or employees of the Client, the Client is fully responsible for the equipment's replacement at current new market prices except in the event of Photographer negligence.
All disputes arising under this Agreement shall be submitted to binding arbitration before one year from the event date and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200.00.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The laws of the State of Connecticut shall govern this agreement.
19. Scope Of Work
Photographer will photograph the event for the specified time and duration as laid out in the selected package. Photographer will provide all items in accordance to package chosen in this contract.
A flat rate (as determined by the chosen package) plus applicable sales tax (NY State tax is 8.875%) will be charged for all products purchased. This rate covers time for Photographer from arrival at first location until time of departure as well as all items included in the chosen package. Additional services requested outside this contract are not covered by this contract.
A travel fee will apply if the event location is outside of the service area of the New York City subway system. For events whose location is no more than 150 miles round trip from New York City (11215), and does not require an overnight stay, Client will be responsible for the full cost of travel. For events requiring travel over 150 miles round trip, or requiring an overnight stay (at Photographer's discretion in consultation with the Client), a quote will be provided to the Client with the initial invoice that will include travel, food, incidentals, room (if an overnight stay is required) as well as a flat rate of $35 / hour of travel time; the first hour of travel in each direction is included in the package cost and will not be billed to the client.
A reservation fee of $750 (Item #8 above) is collected to validate this contract. The balance of the contracted amount, including any applicable travel fee, is due no later than one month prior to the event date.
23. Returned Payment
A fee of $50 will be assessed for any returned check. This fee is not taxable and will be charged separately from the contract price. If a check is returned, you will have 14 days to resubmit payment by cash or credit card. Failure to do so will result in the cancellation of this contract and forfeiture of all fees paid. If a check is returned, all subsequent payments must be made in cash or by credit card.
24. Add-On Items
Additional items may be purchased at the contract signing, or within 60 days of the event date. Beyond 60 days, an additional archive retrieval fee of $50 will be assessed if these items are requested.
25. Artistic License
The Photographer will strive to accomodate reasonable requests in regard to poses used, locations used, and group shots taken. The Photographer will however be granted artistic license in relation to the poses photographed, the location used, and the group shots taken. The Photographer's judgement regarding the location/poses/groups and number of photographs taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects, it may not be possible to capture all the photographs requested or desired.
26. Photographer Deliverables
Photographer will provide to Client all items included with the chosen package in this contract within 45 days of the event date. Photographer will notify Client of any possible delay within 30 days. Any deliverables requested of the Photographer not included in the base package will be delivered on a time frame agreed upon between Client and Photographer and will not be covered under the terms of this agreement.
27. Client Deliverables
If the client opts to upgrade from a print package to Friends & Family album, or purchases a Friends & Family album with the initial contract, Client will be given 90 days from the date of image delivery to submit a list of photos to the Photographer for inclusion in the album. If at the end of 90 days the client has not provided this list, Photographer retains the right to convert the full value of the Friends & Family album into a print credit of equal value. Client will receive at no additional fee 3 rounds of edits to the album. Additional rounds of editing will be completed at the cost of $50 per round of edits.
28. Data Collection
The Photographer will store your name and event details. These details will not be made available to any individual or organization, now or ever, other than the Photographer and his staff. These details will be used to reserve the date and time the Client has booked and to contact the Client after the prints and / or other photographic items have been prepared.
All photographs are be © Michael A. Pittman (the Photographer). Any reproduction without the expressed written consent of the photographer is strictly prohibited.
All prints and/or reproductions must be purchased directly from Photographer, or through Photographer's web site at http://clients.pittmanphoto.com. If high-resolution images are provided, prints may be made by the Client for personal use only.
Any use of these photographs other than for personal use is prohibited. All photos published must be accompanied by Photographer credit and retain Photographers logo / watermark. Beyond personal use, these photographs may not be copied to another computer, transmitted, published, reproduced, stored, or projected. This includes without limitation any digitization or synthesizing of the images, alone or with any other material, manipulation or alteration in any way by use of computer or other electronic means or any other method or means now or hereafter known, without the written permission of Photographer and payment of a fee or arrangement thereof.
No images are within Public Domain. Use of any image as the basis for another photographic concept or illustration is a violation of copyright.
Michael A. Pittman vigorously protects copyright interests. In the event that an infringement is discovered you will be notified and invoiced at the minimum 10x the STANDARD FEE for unauthorized usage and/or prosecuted for Copyright Infringement in U S Federal Court where you will be subject to a fine of US$150,000 statutory damages as well as all court costs and attorneys' fees.