Specific Photographs and Liability
1. Studio will make every effort to assure Client satisfaction according to accepted industry standards. Any artistic interpretations by Studio will be deemed acceptable and correct. Due to the changing and fluid nature of special events, Studio does not guarantee the production of any specific image(s). Events outside of Studios control, such as weather, late arrival of Client or subjects, missing persons, short timelines, venue restrictions, guest intereference, intoxicated individuals, etc. may preclude the creation of some images. Studio assumes no liability for failure to comply with the terms of the Agreement due to events outside of Studios control.
2. Studio may not be held liable for or subject to damages for failure to provide any proofs or prints due to negligence, accident, or any other avoidable or unavoidable action mentioned or unmentioned by any individual, other service agency or third party necessary in performing the function set forth in this agreement.
3. Clients hereby agree that Studios liability for damages pursuant to this Agreement is limited in amount to total value of the Appearance Fee and Service Fee actually paid by Clients pursuant to this Agreement.
If any dispute between the parties arises under this agreement and cannot be resolved in good faith through informal negotiation, such dispute shall be settled by arbitration. Studio and Clients shall agree on a firm or individual to conduct the arbitration. Studio and Clients shall provide an equal share of the costs of conducting the actual arbitration. Studio and Clients shall each bear their own costs for legal representation, transcripts, depositions and any other costs required to prepare the arbitration.
Studio, as a photographer and artist with whom Clients entrusts photography to, retains the judgment to remove any image(s) from the proofs that it deems bad or irrelevant.
Permits, Location Fees and Expenses
Clients will be responsible for obtaining any and all permits and/or paying any fees or commissions required by any venue, person or location being utilized for the wedding or any sessions included herein this contract. This will include, but not limited to houses of worship, parks, reception venues or event coordinators. Any additional expenses beyond what is outlined in the previous paragraphs and specifics of this contract, including, but not limited to, travel, lodging, admittance and parking fees, will be the responsibility of the Clients.
Clients agree that if any action is initiated in a court of law for breach of this Agreement, or for any reason pertaining to this Agreement, then the venue shall lie in the locality where the Studio's business license is registered. If a favorable judgement is issued for the Studio, the Client agrees to pay relevant attorneys and court fees for said action.
If any section, subsection, sentence, part or application of this Agreement be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate any other section, subsection, sentence, part or application but shall be confined in its operation to the section, subsection, sentence, part or application directly involved in the controvery in which such judgement shall have been rendered.
This contract is not assignable except with the written consent of all parties hereto.
This agreement is between Clients and Studio, and excludes all this party interests.
Agreement: This contract is the ENTIRE agreement of the parties. No other terms or conditions are expressed or implied. Any additions, corrections or modifications to this contract must be in writing and signed by the Clients and Studio. Oral modifications are not enforceable at any time. This Agreement shall be governed under the laws of the State of Ohio.