Boudoir Photography contract 

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Client Service Agreement

Entered into on               .

Event is on                    at .

Parties:

Known as Shana Johnson Photography

and

Known as            "Client"

 Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."

Purpose of the Agreement

Client wishes to hire Shana Johnson Photography to provide services relating to Client’s as detailed in this Agreement. Provider has agreed to provide such services according to the terms of this Agreement.

Terms Services

Provider shall provide Client with the following services and/or products ("Services"):

 Location and Delivery of Services

Location. Provider shall deliver Services to Client at the following location(s):

 

Delivery of Services. Provider will provide all Services by unless otherwise specified in this Agreement.  When the provided Services are tied to the number of guests that Client expects to attend Client's wedding or other event, Client agrees to notify Shana Johnson Photography with an accurate guest count.

 

Cost, Fees and Payment

Cost. The total cost ("Total Cost") for all Services is due in full by date of service. Client shall pay the Total Cost to Shana Johnson Photography as follows:

The first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Shana Johnson Photography for committing to provide the Services and turning down other potential projects/clients.

Exclusivity

Exclusivity. Client understands and agrees that he or she has hired Shana Johnson Photography exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Provider hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

Intellectual Property

Copyright Ownership.  In the event that any copyrighted work(s) are created as a result of the Services provided by Shana Johnson Photography in accordance with this Agreement, Shana Johnson Photography owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Shana Johnson Photography and may be used in the reasonable course of Shana Johnson photography business.

Permitted Uses of Product(s). Shana Johnson Photography grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Shana Johnson Photography with attribution each time Client uses Shana Johnson photography property. Personal use includes, but is not limited to, use within the following contexts:

  1. In photos on Client’s personal social media pages or profiles; or

  2. In personal creations, such as a scrapbook or personal gift; or

  3. In personal communications, such as a family newsletter or email or holiday card.

Artistic Release

Style. Client has spent a satisfactory amount of time reviewing Shana Johnson photography's work and has a reasonable expectation that Shana Johnson photography will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency. Shana Johnson photography will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Shana Johnson photography current portfolio and Shana Johnson photography will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

  1. Every client and wedding is different, with different tastes, budgets, and needs;

  2.  services are often a subjective art and Provider has a unique vision, with an ever-evolving style and technique;

  3. Provider will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;

  4. Although Shana Johnson photography

  5. will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Shana Johnson photography shall have final say regarding the aesthetic judgment and artistic quality of the Services;

  6. Dissatisfaction with Shana Johnson photography's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Shana Johnson photography.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Shana Johnson photography shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification. Client agrees to indemnify, defend and hold harmless Shana Johnson photography and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Shana Johnson photography provides to Client.

Cancellation, Rescheduling and No-Shows

Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Shana Johnson photography to render Services due to the fault of the Client or parties related to Client, such as failure of the to occur or failure of one or more essential parties to show up in a timely manner, Client shall provide notice to Shana Johnson photography as soon as possible via the Notice provisions detailed in this Agreement. Shana Johnson photography has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Shana Johnson photography to provide the Services due to the fault of Client (or parties related to Client), and Shana Johnson photography will not be obligated to refund any monies Client has previously paid towards the Total Cost.  Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the, or should it become impossible for Shana Johnson photography to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.   For instance, if Shana Johnson photography is able to secure another, unrelated client for, then Shana Johnson photography may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost. 

Impossibility

Force Majeure. 
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within [2] days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of [2] days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

 

Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

  1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

  2. Attempt to find another competent professional to take its place with the mutual agreement of Client(s);

  3. If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; and

  4. Excuse Client(s) of any further performance and/or payment obligations in this Agreement.

 

Appropriate Conduct/ Safe Working Environment:

Project.

The Client(s) expressly agree(s) to take best efforts to provide Shana Johnson photography and Provider’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either Shana Johnson photography or a bystander to present a threat or implied threat of injury or harm to Shana Johnson photography staff or equipment, Shana Johnson photography reserves the right to cancel all services remaining under this Agreement and leave the event. At Shana Johnson photography's discretion, Shana Johnson photography may enact a three-strike policy. After the first offense, Shana Johnson photography will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), Shana Johnson photography shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, the Shana Johnson photography will immediately leave the event. If the Shana Johnson photography leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold Shana Johnson photography harmless as a result of incomplete event coverage, or for a lapse in the quality of the Shana Johnson photography's work, and the Client(s) shall be responsible for payment in full. 

Non Project.

The Client(s) expressly agree(s) to take best efforts to provide Shana Johnson photography and Provider’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to Shana Johnson photography staff, Shana Johnson photography will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, Shana Johnson photography shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Shana Johnson photography harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the Shana Johnson photography's work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Shana Johnson photography resumes work detailed in this Agreement.

 

Health & Safety.

Client(s) further understand that Shana Johnson photography complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the [event/wedding/session] Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request Shana Johnson photography to do anything illegal or unsafe. Further, Shana Johnson photography will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Shana Johnson photography reserves the right to end service coverage immediately and/or leave the [event/wedding/session]. Shana Johnson photography shall be entitled to retain all monies paid and Client(s) agree to relieve and hold Shana Johnson photography harmless as a result of incomplete event coverage, or for a lapse in the quality of Shana Johnson photography's work.

 

General Provisions

Governing Law. The laws of govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

  1. Email

    1. Shanamd7@gmail.com

    2. Client Email: 

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.

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