• Event Contract

    Kirsten Melligan Photography
  • Payer Information

  • Event Information

    Kirsten Melligan Photography
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  • Terms and Conditions of Agreement

  • Retained Photographer

    The Payer and Party-goers (hereafter Clients) hereby agrees that Kirsten Melligan Photography (hereafter collectively and individually called Studio and/or Photographer) will photograph said wedding date and shall be the exclusive stills/print photographer retained to provide the photgraphy at the above described event. It is further agreed that still/print photography, in any form or manner, by another contracted, paid or compensated individual or business entity, shall be prohibited and shall be deemed a breach of this contract. Any such breach of contract will release Studio from any further responsibility under this Agreement, and any monies paid by Clients will be retained by Studio as liquidated damages. Notwithstanding, capturing, selling, and/or reproduction of still/print photography from the aforementioned event by any vendors on behalf of Clients is strictly forbideen and shall be deemed a breach of this contract. It is agreed that any such breach of contract will release Studio from further responsibility under this Agreement, and monies paid by Clients will be retained by Studio as liquidated damages.

    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 preenting appearance or performing contract, client has the option of allowing Studio to transfer this contract to another photographer or allow client to contract with another photographer. All fees except retainer 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 $300 (non-refundable) upon the signing of this Agreement and is applied toward the grand total. Payment of the balance ($_300.00_) is due twenty-four hours prior to event date. Make payments to Kirsten Melligan, via invoice system sent. 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 ta are paid in full.

    Retainers and Cancellations

    Upon receipt of the Appearance Fee, Studio agrees to reserve the time and date agreed upon and will make no other commitments for date and time. Should the event be rescheduled or postponed, the Appearance Fee paid may be applied towards a new date based on Studio's availability. If Studio is not availabe on the rescheduled day, or if wedding is cancelled, the total retainer/Appearance Fee monies must be paid by Clients to Studio as liquidated damages. Should the event 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. Should Studio be unavailable for the rescheduled date, a full refund is due, less appearance fee ($300).

    Negatives (Digital Files)

    Studio shall keep all negatives and/or digital files for its own personal use. The duplication of any Studio images for other than personal and prive use without expressed written consent is forbideen. After thirty days from gallery delivery date, all digital images will be archived. At this time, if images have not been downloaded by client, the gallery will incur a $100 archive retrival fee.

    Photo Use

    Permission is hereby given to Studio to use reporoduction 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 personal meetings with prospective clients. 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 180 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 chaning and fluid nature of special events, 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, venue restrictions, guest intereference, intoxicated individuals, 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.

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  • 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.

    Failure to Perform


    The parties agree to cheerful cooperation and communication for the best possible result. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone at the session, or location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients, wardrobe complications, or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of the location, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The 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 the Photographer. Clients are responsible for all location fees and permits.

    Permits, Location Fees and Expenses

    Clients will be responsible for obtaining any and all permits and/or paying any fees or commissions required by any venue, person or location being utilized for the event or any sessions included herein this contract. This will include, but not limited to houses of worship, parks, reception venues or event coordinators. Any additional expenses beyond what is outlined in the previous paragraphs and specifics of this contract, including, but not limited to, travel, lodging, admittance and parking fees, will be the responsibility of the Clients.

    Venue

    Clients agree that if any action is initiated in a court of law for breach of this Agreement, or for any reason pertaining to this Agreement, then the venue shall lie in the locality where the Studio's business license is registered. If a favorable judgement is issued for the Studio, the Client agrees to pay relevant attorneys and court fees for said action.

    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 California.

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  • Retainer Due now to reserve date: $300

  • Total Due September 26, 2019: $600

  • Studio agrees to the above contract or agreement with Clients named above and will perform contracted services.

  • The undersigned hereby warrants that he/she is over the age of 18 and has full contractual capacity.

    Client(s) agree(s) to only sign if they have read and agreed to the terms of service in this contract and they believe all information is deemed correct to the best of their knowledge.

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