Indianapolis Photographer | casey and her camera

casey and her camera | Photo Booth Photography Contract

This Photo Booth Contract (the “Contract”) is entered into between  (the “Client(s)”), and casey and her camera LLC d/b/a casey and her camera, an Indiana limited liability company (“Photographer”) on the date of Client(s) execution of this Agreement as indicated in the electronic signature block of this Agreement (the “Effective Date”).

  1. Retainer and Payment. The Client shall make a non-refundable retainer payment in the amount of 50% of the Total Investment Fee as selected during scheduling and specified on the Client Info Intake Form in order for the Photographer to perform the services specified herin. Retainer payment is due, along with fully executed contract, upon booking of photographic events. Upon payment and contract execution, the Photographer will reserve the time and date agreed upon by both parties. The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. The term of this Contract shall commence upon the execution of this Contract and shall terminate upon the Photographer’s delivery of an online gallery proofing website. Failure to submit payment according to this contract will result in immediate termination of all agreements.
  2. For events booked more than 30 days in advance of the photographic event date, final payment of the Investment Fee balance shall be submitted to the Photographer no less than 30 days in advance of the agreed upon photographic event date. In the event the Client fails to complete final payments as designated, the Photographer shall have the right to immediately terminate all agreements with no further refund obligations. For services booked less than 30 days in advance of the photographic event date, all retainer and balance payments will be due in full, along with the fully executed contract, to confirm booking and finalize scheduling.

    The payment plan Contract as agreed to by the Photographer and the Client shall be included as an addendum to this Contract. A late payment fee of $25/day, for up to 7 days, shall be applied to any payments made after the agreed upon date. After 7 days delinquent, the Photographer shall have the right to immediately terminate all agreements with no further refund obligations. No products shall be delivered until the entire amount is paid in full.

  1. Cancellation. If for any reason the Client requests cancel this Contract thirty (30) or more calendar days before the agreed upon photographic event date, the Photographer shall keep the retainer and any monies paid on the date of cancellation. All cancellations or amendments must be made in writing and signed by all contracted parties. If the Client fails to supply written cancellation or cancels within thirty (30) days of the contracted date, the Client shall be required to pay the full balance of the Contract.

If the Photographer is exposed to unsafe conditions, individuals, or objectionable or illegal acts or events at the photographic event, all agreements will be immediately terminated and payments forfeited.

  1. Safe Working Environment. The Client agrees to undertake the best efforts to ensure that guests and attendees at the photo booth treat the Photographer and the Photographer’s staff with respect and dignity and that the Photographer is provided with a safe working environment. The Photographer retains the right to cancel the remainder of any photography services in the event guests and/or attendees of the photo booth commit any instances of sexual harassment, violence, threats, or other similar behavior that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation the Client shall not be entitled to any refund.
  1. Rescheduling/Late Start. In the event that the Client requests to reschedule the photo booth at least thirty (30) days prior to the scheduled photo booth, and such rescheduling is confirmed and accepted in writing by the Photographer, the retainer may, at the Photographer’s sole discretion, be applied to the rescheduled date. Reschedule must be within one year from the original date and a new Contract will be required to reflect the changes. Reschedules are subject to any pricing changes or increases that have occurred. Time for engagement commences at the beginning of the agreed upon time period, even if the photographic event has not yet begun. No prorated refund or extension of time shall be given in the event of a late start for the event. In the event the Client requests to reschedule the photo booth within thirty (30) days of the original photo booth date, the Client shall be required to remit a rebooking fee in the amount of $250.

Additional time added to a photo booth will be billed at the rate of $450/hour and must be requested by the Client. In requesting additional time, the Client hereby agrees to pay the additional charges within twenty-four (24) hours of the close of the photo booth. Failure to pay the incurred fees shall be subject to a late fee of $25/day and no images or products shall be delivered or released until the entire amount is paid in full.

  1. Set Up. The Photographer, or a representative of the Photographer, shall arrive at event venue approximately one (1) hour prior to the scheduled event start time for set up and operational checks of equipment. The booth requires approximately ten (10) feet by twelve (12) feet (10’ x 12’) of open space and requires access to one or more power outlets, must be out of high traffic areas, and should be placed away from any guests who may be sensitive to strobes or flash lighting. If the event venue is outdoors the Client shall responsible to provide adequate overhead coverage for the photo booth equipment.
  1. The Photographer shall provide props for the event coverage. Any additional or specific requests shall be made by the Client thirty (30) days prior to the photographic event. The Client shall be responsible for providing the specific props. The Photographer retains discretion for the props used during the course of the event.
  1. Completion Schedule. Completion schedules and delivery of printed products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.
  • Prints shall take four (4) weeks from time of print order to be processed and delivered to the Client.  
  • Albums shall take twelve (12) weeks from date of final design approval by the Client to be received by the Photographer and delivered to the Client.

The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of $100 or more shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

  1. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.

The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within six (6) weeks of the photographic event. If an online proofing gallery delivered, it shall remain open for no less than three hundred and sixty-fixe (365) days from delivery at which time the Photographer shall have no further obligation to preserve the images of the photographic event in any form; digital, print, or otherwise.

  1. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control.
  1. Cooperation of Client and Guests. The Client will cooperate with the Photographer and defer to the Photographer’s professional judgment related to location of the photo booth, guest use, and other matters of artistic discretion. The Photographer retains the absolute right to refuse to photograph any situation, pose, or grouping that would interfere with the Photographer’s artistic discretion. The Client will utilize best efforts to ensure that guests and attendees cooperate with the Photographer.
  1. Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. The Photographer shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.    

The Photographer does provide the Client permission to resize photographs for Internet-based usage.

  1. Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use without express permission of the Photographer. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
  1. Social Media. The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screen shot, or capture the photographs in any other fashion. When uploading to a Facebook Social Media profile, the Client shall “tag” the Photographer’s business page in the album of the uploaded files.
  1. Photography and Videography. The Photographer and the Photographer’s team shall be the sole photographers for coverage of the event. Videographers and photo booth operators shall be excluded from this provision if submitted in writing by the Client to the Photographer at least three (3) days prior to the photographic event date. The Client shall not engage in photography or videography or employ additional photography of videography services during the course of the photographic event unless otherwise agreed to by the Photographer.
  1. Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer and balance payments as applicable to the Client and shall have no further liability.   Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited and the Client shall only be entitled to a refund of the Client’s Total Investment Fee.
  1. Photo Booth Company. The Photographer reserves the right to substitute with another Photo Booth Company. The substitute Photo Booth Company is chosen at the discretion of the Photo Booth Company and does not constitute a breach of this agreement. The Photo Booth Company warrants the substitute Photo Booth Company to be of comparable quality and professionalism.
  1. Photographer’s Standard Price List. The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
  1. Meals and Breaks. The Client shall arrange to provide a meal for every member of the Photographer’s team for coverage that lasts more than six (6) hours. This meal should be provided at the time the Client is served to avoid any delay in coverage and services. Food allergies should be taken into consideration. A fifteen (15) minute break is required, outside of the standard meal period, for every member of the Photographer’s team for coverage that lasts more than eight (8) hours.
  1. Permissions and Accessibility. The Client retains sole responsibility to obtain all permissions for the event venue, including but not limited to extra fees and permit requirements. Further, the Client is responsible for informing the Photographer of any restrictions of the venue that may affect set up and/or operations of the photo booth activities.   Restrictions on the Photographer may affect the quality and services provided. The Photographer is not responsible for consequences of restrictions placed on the Photographer during the course of the event. Any additional permits or fees required by the venue or local jurisdiction shall be the responsibility of the Client.
  1. Medical Notice. The Client shall inform the Photographer of any and all medical conditions prior to the scheduled event date. The Photographer shall not be held liable for any medical issues that may arise from known or unknown medical conditions of which the Photographer was not made aware, in writing, prior to the scheduled event date.
  1. Travel and Overage Fees. The Client shall pay the IRS Standard Business Mileage Rate for the current year, per mile, for photographic events located more than 20 miles outside the zip code of 46278. Destination services shall be priced and billed individually and shall not adhere to the standard mileage rates.

All location permits, permit fees, access or entrance fees, and parking fees will remain the responsibility of the Client for the photographic event. The Client is responsible for obtaining all permits and paying all dues in advance of the arrival of the Photographer.

  1. Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office 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 $100. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
  1. Indemnification. The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photo booth and the immediately surrounding events.
  1. Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract 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 Contract. This Contract shall be governed by the laws of the State of Indiana.
  1. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
  1. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
  1. Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
  1. Payment Plan. The client shall pay the current rates as detailed in the Photo Booth Client Information Form. The payment schedule as detailed in this Contract shall be adhered to for the photographic event as detailed on the Photo Booth Client Information Form.

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives as of the date(s) set forth below, via electronic signature.

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Indianapolis Photographer | casey and her camera
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Document name: casey and her camera | Photo Booth Photography Contract
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January 3, 2017 12:15 pm ESTcasey and her camera | Photo Booth Photography Contract Uploaded by Casey Rucinski Rucinski - IP

casey and her camera is an Indianapolis Wedding Photographer specializing in couple, lifestyle, senior, family and wedding photography for Indianapolis, Indiana and the surrounding areas.