Blackwell weddings digital agreement

This Digital Agreement shall serve as a binding document between Blackwell Photography (Marc & Stacey Blackwell) and The Client. By filling out the information below and clicking "I Agree" The Client agrees to the terms and agreements set forth in this agreement. All changes to the clauses of the agreement must be made via digital communication (e-mail) or physical copies of the agreement. This Agreement shall be governed by and construed under the laws of the State of California and the United States of America.

Terms and Agreements

Blackwell Photography grants The Client a non-exclusive unlimited license to download and copy digital images created by Blackwell Photography for personal use only. Personal use means that images may not be used in any commercial activity, or where financial gain is intended in exchange for use or distribution of images created by Blackwell Photography.

The Client and/or 3rd party must receive written authorization from Blackwell Photography and pay a TBD amount per image prior to any commercial use of images. A commercial agreement must be signed by Client/3rd Party and Photographer for commercial usage of any images. Photography reserves the right to refuse or grant such authorization on a case-by-case basis.

Client understands that Blackwell Photography owns the copyright to all images created as a result of this agreement and reserves the right to use them for display, publication, advertising, or other purposes, including website and portfolio publications, and Client acknowledges the same. Client may reserve the right to give prior consent to the usage of specific photos.

Client agrees to indemnify, defend and hold Blackwell Photography harmless for any and all liabilities, damages, claims, suits, judgments, costs, fees and expenses that arise as a result of or in connection with the services provided.

Any dispute arising under this agreement shall be settled by binding arbitration between the parties in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator shall not be empowered to award as compensation more than twenty percent (20%) of the revenue received by Photographer.

Blackwell Photography is an independent contractor. As an independent contractor, Photographer will perform the services set forth in this agreement under the general direction of Client, but Photographer will determine, in its sole discretion, the manner and means by which the services are accomplished. Photographer agrees to furnish all tools and materials necessary to accomplish the services.

Client agrees to notify Photographer at least 30 days prior to the scheduled date of the event of any changes to the schedule or location.  Such notification may be made by phone or email.  Client bears all responsibility for verifying all arrangements at least 30 days prior to the scheduled date of the event.

Many of your guests will wish to photograph the event.  However, for Photographer’s performance at the event to be at it's peak, wedding guests or other individuals must not interrupt Photographer with cameras at the event.  Client agrees to give Photographer precedence over the wedding guests to take the photographs for the wedding event described herein.  Photographer cannot be held liable for any missed photo opportunities at the wedding if guests taking their own photos at the event interrupt Photographer.

Registrars, clergy, and/or venue management may impose restrictions on Photographer’s practices (e.g., prohibiting flash photography or prohibiting photography from certain locations altogether).  Under such conditions, Client agrees to accept these limitations on Photographer’s performance.

To ensure the best possible product from Photographer, Client and Photographer agree to meet in person, discuss electronically, or over the phone before the event to discuss details of said event.  Client will outline expectations and plans for the event, and Photographer will advise Client on planning and logistics involving Photographer’s services.

The parties agree to amicably cooperate to achieve the best possible result for this project. However, due to the limited and subjective nature of the event, Photographer cannot be held responsible if requested photographs are not taken or are missed.  Photographer is not responsible for any lack of coverage due to weather conditions, scheduling complications due to lateness of individuals besides Photographer, or any restrictions imposed by the event’s location. Client agrees that any requests submitted to Photographer will be used for organizational purposes only, and in no way contractually bind the Photographer to perform based on those requests.  Photographer will make every effort to fulfill all Client requests, but Client acknowledges that Photographer cannot guarantee that all requested images will be delivered.  

If Photographer is unable to complete performance under this Agreement due to circumstances beyond the control of the parties, including but not limited to, fire, casualty, civil disturbances, acts of terrorism, acts of God, Photographer is released from any further liability arising from this Agreement. The photographer will try to find a replacement photographer at the same or lesser value dependent on the circumstances of the situation. The retainer will either be refunded to The Client or transferred to replacement photographer. You would be responsible to complete the terms of this agreement with said replacement photographer including the remainder total amount. 

This limitation of liability shall also apply if photographic equipment is lost, stolen, is damaged, or malfunctions through no fault of Photographer.

This agreement constitutes the entire understanding of the parties and is governed by the laws of the State of California and the United States of America. The agreement may be executed in counterparts and transmitted electronically, and each part shall be deemed an original signature. Together, all parts shall constitute one and the same instrument and shall bind all parties. Any amendments to this agreement must be in writing and signed by all parties.

A Retainer of at least half the total amount due is required to book the date. The remainder of the payment is due on the day of the wedding. Installment plans and other payment options available on a case by case basis.

 

 

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