This contract is between the photographer and the client as detailed below,
The Photographer’s name: Bpaulmobley
Address:
The Client’s name: Andy Rathmann-Noonan
Address: _3222 N St. Nw Suite 300, Washington, DC 20007
Contact telephone number: 305-467-2109
1. Entire agreement
This agreement constitutes the entire agreement between the parties and supersedes all previous agreements (written or oral) between the parties in relation to its subject-matter.
Each party acknowledges that in entering into this agreement it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.
Nothing in this clause shall limit or exclude any liability for fraud.
2. A Summary of the Contract
The photographer is responsible for providing for the client a photographic/videography service and products as detailed in section 3 (‘coverage’). The client undertakes to engage the photographer for this coverage for the price as detailed in section 4.
3. The Coverage
Coverage will be provided by the photographer as follows,
Event date: 10/05/2023
Coverage to commence at: 6 pm Coverage to finish at: 8pm
Location: Georgia Tech
Other locations where coverage is required: N/A
Event package included in the coverage: Photography
4. Payment Arrangements
The client will pay the photographer a total fee of $ 320 plus taxes subject to the following terms:
A 50% deposit to secure the date and payable on execution of this agreement. This deposit is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation.
Payment of the balance of $320 plus taxes no later than 24 hours before the date of the event.
Cancellation less than 48 hours before the date of the event will require payment in full. All cancellations must be in writing. The cancellation conditions above will apply for postponed events if the photographer is not able to re-schedule for the new date and time. The
fee for postponed events is subject to change.
Any additional payments for albums and other services are to be made when that order is placed. Prices for orders placed over one year after the date of the event may be subject to change. This included orders included in the initial wedding package.
5. Copyright
The entire copyright of the photographs are retained by the photographer at all times throughout the world.
The photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work or any other use.
6. Image Size, Color, Style and Composition
All image sizes are approximate. The photographer will provide a pleasing color balance but cannot guarantee exact color matching. It is sometimes not possible to record the exact color as seen by the human eye.
There is no right to reject on the basis of style or composition. The photographer cannot guarantee the supply of any particular photographs that are requested.
7. Archival Release
Once all products within the event package stated in section 3 have been delivered, the photographer is under no obligation to retain the digital image files.
8. Attendance
In the unlikely event that the photographer is unable to complete the coverage due to unforeseen circumstances, the photographer reserves the right to appoint another photographer to attend on his behalf to undertake the photography. No other hired photographers are permitted to photograph the event.
9. Indemnity
The photographer agrees to indemnify the client against all expenses, damages, claims and legal costs arising out of any failure by the photographer to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property.
The photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the day of the event. In all other cases the client shall be responsible for obtaining such clearances and will indemnify the photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
10. Limitation of liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstances, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
11. Severability
If any provision of this contract is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this contract shall remain in full force and effect.
12. Jurisdiction
This shall be governed by and construed in accordance with United States law, and each party agrees to submit to the exclusive jurisdiction of the courts of the United States of America.
The undersigned have read and understood the above contract and agree to the terms and conditions in their entirety.
Signature of photographer: Brian M. Date: 09/25/2023
