CONTRACT TERMS AND CONDITIONS
Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract, known as "Client", agree that Shannon Hernando Photography known as "Photographer", shall provide services to photograph their wedding and related events to the best of her abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of the State of Missouri shall govern this contract, and any resulting arbitration shall take place within Saint Louis Missouri. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary. 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 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
Retainer and Payment: Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation retainer of $50 dollars. No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full by the beginning of the session. In the event 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 this event. Payment must be made using Cash, Personal Check, Cashier’s Check or electronic payment (i.e. Cash App or Square). Please make checks payable to Shannon Hernando. Returned checks will be assessed a $50 non-sufficient funds fee, and all future purchases/payments must be paid by Cashier’s Check. Unless the contract is canceled, the retainer fee shall be applied to the photography fee total.
Cancellation: If for any reason Client cancels this contract before the session date, Photographer will keep the retainer. However the client does have 3 months from the original session date to reschedule with the photographer and have the retainer apply to the total cost of the session.
Liability: If Photographer or her agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if she cannot provide another competent professional, all money received by Photographer, minus expenses, will be returned to Client, and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
Photo Digital Negatives: Upon receipt of a photo files, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client's responsibility to make sure that digital files are copied to new media as required. (Due to space limitations photographer only maintains files for 6 months before removing and making room for new files)
Duty of Client
CLIENT agrees that cooperation and punctuality are essential to accomplishing the wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled time. If CLIENT does not arrive at the appointed time of the session, shooting will commence as soon as possible after their arrival, but will still end at the scheduled end time. If the CLIENT requests additional time, it is understood that a charge of $100 per half hour will be charged for that time (rounded up to the nearest half hour). However CLIENT understands that additional time may not always be available. CLIENT will be cooperative. The PHOTOGRAPHER is not responsible if the CLIENT refuses to be cooperative or inhibits the session, therefore making it impossible for the PHOTOGRAPHER to do their job to the best of their ability. CLIENT will also be responsible to get all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT if necessary. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.
Photographer Responsibilities: Unless agreed upon in advance, Shannon Hernando Photography shall be the exclusive photographer retained for this session. (Photographer may bring one assistant at her discretion.) Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client. Under no circumstances with raw unedited images be delivered to the client.
Harassment: Ensuring the appropriate behavior of client and family members photographed by Photographer shall be the responsibility of Client. In the event the Photographer (or her assistant) experiences any inappropriate, threatening, hostile or offensive behavior from any person at the session (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a family member of the client; second offense: the offending person will be required to leave the session, third offense: Photographer will end session immediately and leave, Photographer shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.
Chargeable time: Is time the Photographer uses in order to determine the final price of the photography services. Chargeable time begins when Photographer arrives at the agreed upon location and ends at agreed upon time limit of session booked. If client is late they will only have the remaining time of agreed upon session length from when Photographer arrived. Any additional time required past the set upon hours will be charged at $100 per half hour (rounded up to the closest half-hour) and photographer can not guarantee there will be extra time available as sessions are often booked back to back.
Image Processing/Printing: Unless agreed upon prior to any editing work, high-resolution discs and/or proof sets may contain a mixture of color and black and white. An alternately colored version of a photo may be purchased at the current rate. Limited color correction and/or retouching are included at Photographer's discretion. Client may request further changes for an additional charge. Photographer is not responsible for any prints that are not ordered directly from her. For best results, clients with the high-resolution files should order their prints through a reputable lab. The photographer is responsible for having the gallery completed no later than 2 weeks after the session date has passed. Any other changes and request may or may not slow down the proofing process.
Pricing: Services not included in this initial contract, such as prints or wall art, will be sold at current price when an 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 service purchased from Photographer.
Model Release: This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Shannon Hernando Photography Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns. If you would prefer Shannon Hernando Photography not use your photos for personal promotion, exhibition, or any other lawful purposes please ask PHOTOGRAPHER for the model exclusion form.
Copyright: All photographs taken by Shannon Hernando Photography are her property, will remain her property and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties.
Reproduction: Client agrees not to further edit or alter images in any way. With the purchase of high resolution digital files, a written release will be supplied with those files. The release grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published. Client further agrees not to supply images to any third parties.
I have read, understand and agree to the terms and conditions of this Agreement. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.