So Much More
So Much More
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Type of Session
1. FEES: Full payment is due upon booking. Payment is non-refundable should the Client cancel the engagement. If photographer fails to appear at the specified time and location, full payment shall be refunded in full to the Client.
2. COMPLETION OF FINAL PRODUCT: Photographs shall be available to client via digital download 2 to 4 weeks after event. Client has unlimited but non exclusive rights to use or reproduce the photographs and may print or use them in any way they see fit.
3. CLIENT COOPERATION: The Client shall assist and cooperate with the Photographer in obtaining the desired photographs. Including but not limited to specifying the persons and/or scenes to be photographed; taking time to pose for photographs as the Photographer's direction. The Photographer shall not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation.
4. ILLNESS AND UNEXPECTED EVENTS: Photography by Milana will not be liable to Client under any circumstances if its performance is prevented or impaired due to war, insurrection, strikes, walk-out, riots, fire, acts of God, including adverse weather conditions and earthquakes, shortages or unavailability of labor or materials, laws or governmental restrictions which conflict with the terms of this Agreement, or any other matter beyond the reasonable control of Photography by Milana. In the event of any unanticipated photographer illness, Photography by Milana shall make reasonable efforts to substitute another competent professional. If another photographer cannot be assigned in the time for the Event, Photography by Milana Shall promptly return to Client all fees previously paid by Client, and shall then have no further liability with respect to this Agreement. Photography by Milana reserves the right to decline outdoor photography in the event of inclement weather. Client is responsible for providing an alternate nearby location in the event of inclement weather.
5. LIQUIDATED DAMAGES: Client and Photography by Milana recognizes it is extremely difficult and impractical to ascertain the extent of Client's actual damage of the event of a breach on the part of Photography by Milana. Therefore, the parties agree that in the event of any breach arising from the negligence or other unintentional conduct of Photography by Milana, including, without limitation, any damage to or loss of any photographs, Client shall be entitled to the following: IN THE EVENT OF DAMAGE TO OR LOSS OF ANY PHOTOGRAPHS: Payment in the sum of $1.00 per/lost damaged photograph. The return of such fees and payment of such damages shall be the sole and exclusive remedies available to Client.
6. VENUE, ATTORNEY'S FEES AND APPLICABLE LAW: The validity and interpretation of this Agreement shall be construed in accordance with the laws of the State of Colorado. Any court action to enforce this Agreement, or relating or arising out of this Agreement or the services provided by Photography by Milana shall be brought in a court of competent jurisdiction in the Country of El Paso, State of Colorado. In any action, arbitration or other judicial, quasi-judicial or extra-judicial proceeding related to any dispute arising from this Agreement, each party to this Agreement shall bear their own attorney's fees. In case any provision of this Agreement shall be invalid, illegal or unenforceable, such provision shall be severable from the remainder of this Agreement and the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. Unless otherwise provided herein, this Agreement shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, beneficiaries, successors and assigns. Each party represents that all required authorizations for its execution of this Agreement necessary to make this instrument binding in accordance with its terms against such party have been obtained and are in effect.
7. PUBLICITY RIGHTS/PROMOTIONAL USE OF IMAGES: The parties agree that Photography by Milana may use images from Client's event for commercial use, including, without limitation, promotional videos for exhibition to other potential clients of Photography by Milana.
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