Emergencies
Serious injuries or death of any of the signing parties to this agreement or an immediate family member will cause this agreement to be void, with documentation from physician, funeral director, etc. In the event of photographer's sudden illness preventing appearance or performing contract, client has the option to contract with another photographer. All fees will be returned.
Retainer
To assure the appearance of Studio for said date and time, Clients agree to pay a retainer (herafter Appearance Fee) of $50 (non-refundable) upon the signing of this Agreement. Payment of the balance ($100 for maternity session) of any packages is due at the time of session date and for any additional product payment is due at the time of order. All sessions will be charged North Carolina sales tax. Make payments to Staci Noel Photography, 2535 Carnation Drive, Harrisburg, NC 28075. Clients agree to pay a service charge of $35 for returned check or payment. Clients agree that Studio may withhold the final products & services from Clients until the entire balance of all fees and tax are paid in full.
Retainers and Cancellations
Upon receipt of the Appearance Fee, Studio agrees to reserve the time and date agreed upon. Should the shoot be postponed as a result or wars, revolutions, acts of enemies, strikes, floods, fires, power failers, acts of God such as weather-related emergencies, serious illness or injury of either part, or any other cause not under the direct control of either party to this contract, neither party will be held to the terms of this agreement. When the event is rescheduled, client agrees to give Studio first opportunity to provide photography services under the same terms and conditions.
Photo Use
Client agrees not to allow SNPto use the reproduction of pictures for general marketing purposes in accordance with reasonable commerical practice including, but not limited to, within Studios place of business, on the Internet, and for other public marketing campaigns. Clients hereby agree that all negatives, digital files and any and all pictures derived therefrom at the described event are the property of Studio. Clients may not sell their images or authorize any third part use of any image without written consent of the Studio.
Pricing
Current prices for items ordered and/or itemized as stated above will be guaranteed for 90 days after event date. If Clients' order is not placed within that time frame, items may be charge new prices. Thus, if Clients wait to place an additional order, it may cost more. Prices are subject to change at any time without this notice.
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 working with individual subjects, 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, 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.
Arbitration
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.
Proofs
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. Studio will provide a minimum of 15 color images.
Severability
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.
Assignability
This contract is not assignable except with the written consent of all parties hereto.
Third Party(ies)
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 North Carolina.