This Agreement is made effective for all purposes in all respects as of the current date listed above, by and between Cassie Duffle Photography herinafter referred to as “the Photographer" and the client as named above referred to as “The CLIENT” relating to the event(s) detailed below, hereinafter referred to as “The EVENT(S)."
This agreement contains the entire understanding between the Photographer and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The Photographer. The CLIENT shall also be responsible for payment for any of the Photographer’s materials charges incurred up to time of cancellation. The retainer is considered 1/2 of the full charge, as well as any additional charges for rentals, travel, etc. Please note, all aforementioned travel charges are NON REFUNDABLE.
The aforementioned 50% non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full prior to 3 business days before the EVENT(S). In the event the CLIENT fails to remit payment as specified, the Photographer shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $40 non-sufficient funds fee. Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the Photographer.
The client agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the Photographer by the CLIENT.
The CLIENT and the Photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the Client does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the Photographer, rendering of decorations, or restrictions of the locations. The Photographer is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The Photographer is not held liable for missed coverage of any part of the EVENT(S). The Photographer will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
The Photographer is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the Photographer will offer technical recommendations only. The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the Photographer will be performing services.
The Photographer reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer is in question.
The photographs produced by the Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicitly written permission. If the CLIENT has purchased a “Digital Image Package” from the Photographer, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an “Digital Image Package” from the Photographer, the Photographer grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the Photographer. The CLIENT must obtain written permission from the Photographer prior to publishing or selling the photographs.
The CLIENT hereby assigns the Photographer the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
In the unlikely event that the assigned photographer is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the Photographer, the Photographer will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer’s control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The Photographer is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
The Photographer is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the Photographer.
The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer.
Consultation: A 30 minute in-person or phone consultation will be provided by the photographer prior to the event. This consultation is mandatory for both photographer and CLIENT, and will discuss the details outlined in this contract, images the client wishes to capture, involvement of the photographer in the EVENT(S), and other important aspects of the EVENT(S). This consultation should take place no later than three weeks prior to the EVENT(S).
Within 21 days of the EVENT(S), final images will be delivered via email link, and may require computer download. The CLIENT will have 14 days to download the final images once received, at which point the online gallery will be deleted. The CLIENT should note, once the 14 day period has expired, there will be no guarantee that photos will continue to be available. Photos are often deleted off the photographer computer at that point. If they are available, A fee of $15 will need to be paid in order to republish the gallery. The Final image gallery will usually include the black and white versions of their color counterpart. CLIENT should note that RAW or unedited files will not be available under any circumstances. The CLIENT will not have the opportunity to view any or select any un-edited RAW photos, as this is considered as the Photographer's responsibility.
The photographer is attending the EVENT as a documentary body. This means, the photographer will: 1. Not assist in any way with the EVENT 2. Not provide advice or care of any kind 3. Will document as EVENT progresses, regardless of moment or feeling 5. Provide direction to CLIENT and CLIENT party as needed to achieve desired photo outcome
The CLIENT shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer's direction and discretion; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the CLIENT's failure to provide reasonable assistance or cooperation. The photographer is not responsible for client dissatisfaction with items outside of the photographer’s control (hair, makeup, clothing, body image, facial expressions, etc.).
Second Photographer- All Cassie Duffle Photography Weddings include a second photographer for the duration of the EVENT. The Second Photographer is considered an employee of Cassie Duffle Photography, and will be instructed and guided through the event by Cassie Duffle. The second photographer is selected by Cassie Duffle and based on skill, availability, equipment, etc. The CLIENT will not have any input on which second photographer is selected or what they photograph during the EVENT. The second will use SD cards provided by Cassie Duffle, and will turn over any and all files at the end of the EVENT, to be culled and edited by Cassie Duffle and ensure consistency.
Photo Alterations- No alterations to the photographs of any kind will be permitted. This includes but is not limited to "instagram filters", filters of any kind, black and white conversions, frames or collage applications (or similar), cropping or removing watermark, cropping of any kind, airbrushing, etc. Alterations of this kind may result in legal actions and a fine of $200 plus court fees.
Family Members- Everyone included in the photographs will be considered a party to the "CLIENT" and are therefore subject to the rules, restrictions, and laws set forth in this contract. The signer of this contract agrees to these terms on behalf of all those included in the photographs, and is therefore responsible for distributing these rules to the members of their party. Violations of these terms by any member of the signer's party will be subject to prosecution.
Paparazzi Wedding Guests: Guests will likely have digital cameras/cell phones and will want to photograph the CLIENT. In the spirit of cheerful cooperation the CLIENT agrees to give the Photographer precedence over the guests in order to take the photographs required for the wedding services described above. The Photographer cannot be held liable for a lack of wedding photos, if guests taking their own photos of the CLIENT continually interrupt the Photographer's work.
Injury Waiver- I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS ACTIVITY OR EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity or event. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity or event in which I may participate, and that it will govern my actions and responsibilities at said activity or event. In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event, THE FOLLOWING ENTITIES OR PERSONS: Cassie Duffle Photography, their directors, officers, employees, volunteers, representatives, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers; (B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence of release or otherwise. I acknowledge that Cassie Duffle Photography and their directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Cassie Duffle Photography. I acknowledge that this activity or event may involve physical activity, and may carry with it the potential for death, serious injury, and property loss. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity or event. I understand that at this event or related activities, I will be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers, and assigns. The accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
Applicable Law: This contract shall be governed by the laws of the County of Oklahoma in the State of Oklahoma and any applicable Federal law.
By signing below, and clicking 'Submit', I have agree to the above mentioned contract and conditions.