This Agreement is made effective for all purposes in all respects as of time and date of retainer fee payment by and between The Registered Client, hereinafter referred to as “The CLIENT” and Purple Mu hereinafter referred to as “the COMPANY” and relating to the product(s) detailed below, hereinafter referred to as “Shoot(S).
This agreement contains the entire understanding between the COMPANY 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 checked agreement to these terms is required to reserve the dates and times of the SHOOT(S). The CLIENT is not required to make any retainer fee payment at the point of booking. Unpaid bookings are automatically removed (2) two days post booking. If the Client makes a retainer payment at the point of booking, it becomes a non-refundable retainer fee and must be made in full by any of the payment methods available at the point of sale. The COMPANY accepts electronic payments only. If the SHOOT(S) are rescheduled, postponed, or canceled; or if there is a breach of contract by the CLIENT, the retainer fee is held as credit and or liquidated to cover damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY’s materials charges incurred up to the time of cancellation.
The client agrees to confirm the schedule one week prior to the SHOOT(S) with the exception of WEDDING SHOOT(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 COMPANY by the CLIENT.
Safety while On-Location
The COMPANY reserves to right to terminate coverage and leave the location of the SHOOT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile, or offensive behavior from the person(s) at the SHOOT(S); or in the event that the safety of the photographer from the COMPANY is in question.
Shooting Time / Additions
The CLIENT and the COMPANY 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 SHOOT(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.
When applicable, the CLIENT is responsible for all travel, accommodations, meal and transport costs unless provided by the CLIENT.
The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, the lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions that may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the SHOOT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the SHOOT(S).
Venue & On-Location Limitations
The COMPANY 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 COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the COMPANY will offer technical recommendations only.
The CLIENT is responsible for acquiring all permits and necessary permission for all locations in which the COMPANY will be performing services.
The photographs produced by the COMPANY may not be reproduced in any manner without the COMPANY’s explicitly written permission. If the CLIENT receives an “Image DVD or USB Drive” or link to any online gallery from the COMPANY’S website, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT receives an “Image DVD or USB Drive” or link to any online gallery from the COMPANY’S website, the COMPANY 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 COMPANY.
The CLIENT hereby assigns the COMPANY 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 claims to profits that may arise from the use of images.
Limit of Liability
In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, the act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the SHOOT(S). In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the SHOOT(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 COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package.
Capture & Delivery
The COMPANY is not liable to deliver every image taken at the Shoot. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY if the CLIENT has not made an initial selection within (7) business days after which, images are removed. The CLIENT may request additional images within (7) days before termination of files.
Post Production & Editing
The final post-production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
The aforementioned non-refundable retainer fee is due (2) two days post the time of the electronic checking of confirmation to this agreement. In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate any booking as well as this agreement with no further obligation.
All plans and products automatically renew unless you cancel. Introductory prices apply to the first term, and will automatically renew for the same term length at the regular rates, as reflected in your account. You may cancel at any time prior to renewal to avoid renewal charges by logging into your account or contacting our Support team at firstname.lastname@example.org.