Janae Garvin

Email: garvinjanae@gmail.com

This Agreement is executed by and between Quiet Anchor Photography ("Photographer") and ("Client, whether individual or joint"), referred to collectively as the Parties. The Parties complete agreement and obligations are contained within this contract.

Email Address

Phone

(###)

###

####

Event Date

YYYY

Event Location

Irvine Regional Park

Huntington Central Park

Riley Wilderness Park

Canyon Park

Event Start Time

please put "00" for seconds

Hour

Minute

Second

Event End Time

Hour

Minute

Second

Package Details

Please check all that apply. All included should apply and whether or not you want additional items, you may choose other package details.

Photography Time (30 minutes, included)

Online Galley (included)

Additional Time ($50 per 1/2 hour)

The parties have read all of the agreement provided below and agree to all of its terms and acknowledge receipt of of a complete copy of the agreement signed by both parties. Each and every person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement.

Date of "Signing" & Full Name of Client:

Additional Client(s)

TERMS & CONDITIONS

You are hiring Photographer to photograph your event, edit the photographs, and provide you with copies.
1. Client retains Photographer to photograph event. This agreement (or “contract”) contains the entire understanding between Photographer and Client. It supersedes all prior and simultaneous agreements between the parties and may only be change with a written addendum, signed by both parties. The laws of the state of California shall govern this contract and clients agree that any legal action between the parties shall take place within Orange County, California. Client assumes responsibility for all collection costs and legal fees incurred by Photographer if such become necessary. In the event that any part of this contract is found to be invalid or unenforceable, the remainder of this contract remains valid and enforceable. Failure by one or both parties to enforce a provision in this contract does not constitute a waiver of any other portion of this contract.
The parties agree that the best possible result is created through cooperation and communication.
1. Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Photographer.
2. Client understands that, while the Photographer makes all best efforts, no particular photograph of any single moment or individual is guaranteed.
3. The parties understand and agree that Photographer will accept photography direction from the Client (or Client’s Designee) only. Photographer is unable to take direction from anyone other than the Client/Designee to ensure smooth, conflict free, performance of the duties under this agreement.
4. The Photography Time is the minimum time Photographer will spend photographing. This Photography Time is continuous and commences at the Event Start Time stated in this agreement regardless of actual start time of the event. If the event ends early for any reason or if Photographer is asked by the Client/Designee to stop before the Photography Time is completed, a refund will not be due to the Client. Photographer will provide additional photography time at the request of the Client at the Extra Photography Time Rate in no less than half hour increments.
5. Client understands that pursuant to this contract, Photographer may forgo opportunities to book other business on the date of the event. Client understands that in exchange for this consideration, Client agrees to the following:
  1. In the event that Client reschedules the event and Photographer is available for the rescheduled date, Photographer may amend the Event Date in this contract and Client will receive credit for all funds paid. In the event that the Client reschedules the Event and Photographer is NOT able to rebook the original Event, Photographer will NOT amend the Event Date in this contract and Client will forfeit the Deposit but receive a refund for all other funds paid. The Photographer reserves the right to charge additional fees to cover added expenses incurred due to the date change.
  2. Cancellation must be in writing; a phone call alone is insufficient.
6. In the unlikely event that Photographer is unable to provide the services described in this contract for any reason including, but not limited to, illness, injury, emergency, or act of God, sudden event or other circumstances beyond the control of Photographer, a substitute photographer may be sent without additional cost. This contract will be transferable to said photographer. If the Client declines the substitute photographer, the Client may instead terminate this Agreement, and receive a full refund of all money paid
  1. n the event that any refunds are due under the terms of this Agreement, Photographer will issue refunds to the person/entity who paid.
7. Photographer will only begin editing photographs after all payments have cleared.
8. No photographs, albums, prints or other materials will be released to Client until all payments have cleared.
10. Payment may be made by
  1. Cash, Check (written to Janae Garvin), or PayPal
  2. There is a $35.00 charge for payments returned by the bank for any reason.
  3. If the Photographer agrees to accept a payment after the due date, an additional fee of 5% may be charged.
11. The photographs, digital negatives or prints produced by Photographer are protected by United States Copyright Laws (USC Title 17) and all rights are reserved other than as prescribed elsewhere in this agreement. High resolution digital photographs are intended for personal use and printing of Client. Client must obtain permission from Photographer prior to the releasing, publishing, or selling the photographs for commercial or press/media purposes. Digital editing and processing may take up to two weeks after the Photography Session for completion and posting to the online proofing gallery. The digital images will be delivered within 2-3 days of the Client’s final approval of the digital photographs in the online gallery.
12. Photographer will edit and deliver a minimum of 15 edited photographs, unless Clients choose to purchase additional images. Photographer will not provide any unedited or “RAW” files. Photographer may choose not to deliver all photographs taken during the Photography Time. Photographer will make every reasonable effort to correct exposure, color, tone, contrast, sharpness, and cropping of all delivered photographs to the liking of Client. Photographer will not selectively edit portions, remove or add people or objects, or otherwise “Photoshop” individual photographs.
13. The Photographer maintains Client photos online for 30 days after the Event Date.
  1. Until that time, Client may download digital photos.
  2. After that time, Client understands that the Photographer has no obligation to provide any copies of any photos from the Event.
14. The Client hereby grants to the Photographer and Photographer’s legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the event and Clients, provided the photographs are not obscene or inflammatory, for editorial, trade, advertising, stock, commercial, competitive and any other purpose and in any manner and medium; to alter the same without restriction and without further notice to Clients, and to copyright the same. The Client hereby releases the Photographer and Photographer’s legal representatives and assigns from all claims and liability relating to said photographs.
15. Photographer takes the utmost care with respect to exposure, transportation, and processing photographs including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, damaged, or destroyed, Photographer's liability is limited to the return of all payments received. The limit of liability for a partial loss of originals shall be a prorated amount of the photographs lost based on the percentage of total number of photographs agreed upon in this contract. The limit of liability shall not exceed the contract price stated herein.