PHOTOGRAPHY SERVICES AGREEMENT

Thank you for choosing me as your photographer!

Below you'll find our agreement and what to expect when working with me. If you have any questions after you read through this, I am always happy to answer them.

Client Information:

Name: Another Contact

Email: test2@email.com

Phone:

Event Date: 2024-02-29

Event Location: NY

Package: Ultimate

Final delivery and gallery access will be available 6 weeks after the event.

Service fee agreed:

TOTAL: 5000 (+ HST) = 'total'

Retainer of 'retainer'

The balance 'retainer' is to be paid two weeks before the event date.

Payments can be made by CASH, CREDIT CARD, or INTERACT E-TRANSFER (to helene@helenephotography.ca)

To validate this agreement and confirm this booking, please:

Bookings are not considered confirmed until deposit and signed contract are received. Cancellation of the event must be received in writing. Cancellation fee of 50% of the total charge will apply.

PACKAGE AND SERVICES INCLUDED FOR THE FEE STATED ABOVE:

1. AGREEMENT OVERVIEW: This agreement contains the entire understanding between {{business_name}} and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.

2. RESERVATION AND RETAINER: Upon your signature and receipt of retainer, {{business_name}} will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit of 50% of the total cost is non-refundable, even if the date is changed or the event cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of signing the contract. The Reservation Deposit is applied towards the contracted service package. THE CLIENT understands and agrees that the entire amount owed for the service package described in the contract is due two weeks before the event. If the client does not pay all the fees on time they risk {{business_name}} voiding the contract and cancelling the event. Rates are subject to change without notice. Clients will receive rates posted at time of booking.

3. CANCELLATION: In the event of cancellation of the contracted services for services outlined in this contract before the event takes place, the deposit will be forfeit. It will be considered as liquidated damages to the Photographers for holding the event date for you. The remainder of the fee will be refunded based on the Photographer's discretion based on how long till the event.

4. PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the event date to finalize the actual shooting times and locations. In most cases, this can be done over video, phone, or via email.

5. CHANGE OF DATE OR VENUE: THE CLIENT(s) agree to notify {{business_name}} as soon as possible should a change of date or venue occur. All money paid will transfer to the new date and a new contract will be provided. The new date must be within 6 months of the original date or the new contract will be subject to Helene Photography's current rates. If the new date is unavailable with the Photographer, the contract will be cancelled and the retainer will not be refunded.

6. SHOOTING TIME: The bride and groom agree to set aside at least a 60 minute time frame for photographs that cannot be obtained during the ceremony or reception. The 60 minutes either before or following the ceremony includes group photographs. The photography schedule and selected methodology are designed to accomplish the goals and wishes of the client in a manner enjoyed by all parties involved. THE CLIENT and {{business_name}} agree that positive cooperation and punctuality are essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, Helene Photography will not be held liable for any photographs not taken.

7. COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. {{business_name}} is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Helene Photography.

8. ARTISTIC RELEASE: THE CLIENT(s) agrees they are hiring {{business_name}} based on the portfolio and work that they have seen and the candid approach to event, therefore they are giving Helene Photography all creative freedom to photograph the event how they see best.

9. HOUSE RULES: The photographer is limited by the guidelines of the ceremony official or the reception 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; {{business_name}} will offer technical recommendations only.

10. DIGITAL NEGATIVES, PRINTS, and COPYRIGHTS: {{business_name}} remain owners of their content, however, the client is given the copyright to edit and print photos. The client agrees to allow the photographer to use, at her discretion, images made in relation to this agreement for future promotional purposes. The photographs, digital negatives or prints produced by {{business_name}} are protected by Copyright Law (all rights reserved). Limited copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions:

- The digital copies are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.

- THE CLIENT must obtain written permission from, and compensate {{business_name}} prior to an event where THE CLIENT, THE CLIENT'S friends or relatives publish or sell the photographs for profit.

MODEL RELEASE: THE CLIENT hereby assigns and grants {{business_name}} and its legal representatives 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, or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases {{business_name}} and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that {{business_name}} may display and use the photographs taken for advertising, display, website and internet promotion, social media, photographic contests, public display such as in malls, photography books, photography instructional books, storefronts, window displays, studio display, television advertising, magazine advertising, and any other purpose thought proper by {{business_name}}. The Clients hereby release the Photographers from all liability and claims regarding the images and video.

EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that {{business_name}} will act as the sole and exclusive event photographer. Guests are welcome to take photos with their cameras, however, they should not interfere with, or hinder {{business_name}}'s services at any time.

GUEST COOPERATION: THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. THE CLIENT should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the event day should be planned to make the best use of time from all vendors.

11. DELIVERY: After the event, {{business_name}} will provide THE CLIENT with high-resolution photos through a web gallery. You may print from these files at any time. Included will be all of the photos that pass quality control. The online gallery will remain active for 90 days. The Client is responsible for downloading the final images for safekeeping. {{business_name}} is not liable for any images to be kept after this time. Images will be delivered in "JPG" or similar format. Clients will NOT receive unedited "RAW" files.

12. PRINT: Creation of an album takes 6-10 weeks, enlargements 1-2 weeks or possibly longer when laboratory and bindery schedules are heavy.

13. RIGHT OF WITHDRAWAL: {{business_name}}'s discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments, and late payments are examples of contributing factors. Should {{business_name}} initiate the withdrawal, all fees will be returned. In case of withdrawal, $400.00 an hour is charged for all photography services already provided and $100.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.

14. LIMIT OF LIABILITY: In the unlikely event that the assigned Photographer is injured or becomes too ill to photograph the event, {{business_name}} will make every effort to secure a replacement photographer. If such a situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the event package.

{{business_name}} takes the utmost care with respect to exposure, transportation, and processing of the photographs, including using professional-grade equipment and professional-grade backup equipment. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond {{business_name}}'s control, {{business_name}}'s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. 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.

15. PHYSICAL LIABILITY: {{business_name}} will not tolerate verbally or physically abusive behaviour nor will it share its time or compete with guest photographers for the attention of the subjects. Clients and their guests are responsible for their conduct at all times. Guest conduct that interferes with photography may seriously affect the quality of the photographs taken. Any breakage or damage to equipment or contents is the sole financial responsibility of THE CLIENT. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. THE CLIENT understands that in such an event, no refunds will be granted.

16. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the event, {{business_name}}

cannot place an unconditional guarantee on the above. {{business_name}}

will not be held responsible for any ruined photographs due to guests' (or any other) flashes; or any other ruined photographs due to any other cause in or outside of {{business_name}}'s control.

17. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

18. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and {{business_name}}

at the time of acceptance of this contract shall be recognized as amendments to this contract.

PERMITS/ENTRANCE/PARKING FEES: The Client is responsible for acquiring all permits and necessary permission for all locations at which the Photographer will be performing services. The clients are responsible for covering any entrance fees or parking for the photographer.

REUPLOADING IMAGES: After 90 days your online gallery will be removed. If you require to have them uploaded again, a fee of $25 will be charged. We try to keep your images as long as we can but in case of hard drive failures or other unforeseen events your images may not be available for uploading in the future.

VENUE VIEWING: We normally do not view the venue before the event day. If it is a must for you that we go view the venue a fee of $100 will be charged.

OVERTIME: If you require the photographers to stay past the agreed-upon time then a fee of $450 per hour will be charged. 1 hour of notice must be given. This fee is due before our departure from your event. Please have cash ready or create the e-transfer ahead of time and give us the password, if required, at our departure. Photographers are not required to stay overtime, they will stay if available.