CONTRACT FOR PHOTOGRAPHY SERVICES
These Terms, Conditions, and Agreement (“Agreement”) constitute a binding contract for photography services and products.
By consenting to this Agreement, the clients (collectively referred to below as the “CLIENT") agree to compensate Paulina Bialy Photography (PBP) for the services provided by PBP at the price set forth in this Agreement.
The following terms and conditions shall also apply to the CLIENT’s engagement of PBP:
PUBLICITY RIGHTS AND PROMOTIONAL USE
The parties agree that the CLIENT grants PBP irrevocable and unrestricted right to use and publish photographs of the CLIENT, or in which the CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases PBP and assigns from all claims and liability relating to said photographs. PBP may use images and likenesses from the CLIENT’s event for commercial use, including, without limitation or further compensation, promotional exhibition to other potential clients of PBP .
ARTISTIC LICENSE
Due to the rapid pace and unpredictable nature of photography, PBP does not guarantee the delivery of any requested or expected photograph.
By signing this Agreement all parties agree to and acknowledge the style of photography performed by PBP . No refunds shall be made for services and goods provided based upon the client's dissatisfaction with such style of photography. The CLIENT(s) acknowledge and agree that the style of photography provided hereunder is artistic, candid, and documentary. Except as expressly provided in this Agreement, PBP makes no, and hereby disclaims any, express or implied representations, warranties or guarantees regarding the goods or services provided hereunder (including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose).
PROFESSIONAL IMAGE MANIPULATION
PBP will allow for limited professional image manipulation (if technically possible) on any images of The CLIENT’S choice. This includes opening of individual’s eyes, red eye removal, de-ageing, removal of people and/or objects, color correction, special effects, portrait glamorization, etc. It is understood that if a technicality prevents PBP from performing requested image manipulation, or if a technicality prevents the final result to meet the CLIENT’S requirement, the CLIENT will reside with the fact that PBP has performed to its best ability with regard to the specific task and that PBP has no further responsibility towards said image manipulation.
CANCELLATION
The session/event fee is included in the payment for the package of your choice and will be due at the booking of your session. The session date is not reserved until paid in full. If the session must be rescheduled, it must be rescheduled within 4 weeks of the original session date. After this period, all monies paid are forfeited and any obligation to the CLIENT is dissolved.
COMPENSATION
This Agreement binds the CLIENT and PBP for photographer services based on the compensation arrangements agreed upon at the time of booking.
POST-SESSION
After the session is complete, PBP will make their best effort to provide the CLIENT with digital preview/proof images within 14 business days of the session.
ENTIRE UNDERSTANDING
The Agreement contained in this contract constitutes the sole agreement between PBP and the CLIENT regarding its photography service. It becomes effective only when signed by both parties. This agreement shall be governed and construed in accordance with the laws of the State of New Jersey. This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by The CLIENT and PBP at the time of acceptance of this contract shall be recognized as amendments to this contract.
AGREEMENT
The undersigned CLIENT agrees to abide by the terms and conditions stated herein this AGREEMENT.
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Printed Name Signature Date