Payment and Policy Agreement

This payment and policy agreement is made effective for all purposes with due respect between WEAVING DREAMS CREATIONS PHOTOGRAPHY/SALLY A. SCHWARTZ, who will here in after be referred to as “The COMPANY” and ____________________________, who will here in after be referred to as “THE CLIENT or THE EVENT” regarding and/ or said event detailed below.

Payment and Policy Agreement Overview: Signature of acceptance for so said Agreement is acknowledgement that will be embarked upon between the COMPANY and the CLIENT. In the event that agreement changes between both parties a new agreement will be signed noting the changes that are to take place. The only way to add changes of agreement is to do so in writing, signed by all parties involved. If at any time portions of this agreement is broken or found invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable.  If agreement is waived in one or more provisions of this so said agreement or if there is any failure by one or both parties fail to enforce a provision of this agreement, shall not deem a waiver to any other portion or provision here in.

 

RESERVATIONS: :  It is Policy of the COMPANY/SALLY A. SCHWARTZ to obtain a signed contract and retainer fee to reserve time and dates for you The CLIENT and/or said Event. If for any reason the Event or Dates need to be rescheduled, postponed, or are cancelled; or if there is a breach of contract by the CLIEBT, the said agreement of retainer fee is Non-Refundable and will be liquidated to damages to the COMPANY/SALLY A. SCHWARTZ. The CLIENT will also be Responsible for Payment of any of the COMPANY/SALLY A. SCHWARTZ material charges that are incurred up to time of cancellation. Rescheduling Policy: Should the CLIENT wish to reschedule the session or event the retainer fee will be applied towards the next scheduled date; in the event the CLIENT again cancels the set time of session or event the retainer fee is Non-Refundable . It is important that the Client be informed that the COMPANY/SALLY A. SCHWARTZ is not bound by obligation to accommodate the CLIENT. All scheduled sessions & events are a first come first serve bases.   

 

 

EVENT SCHEDULE: The CLIENT here by agrees to confirm reservation ONE-week prior to the Event(s). Notification of any changes regarding schedule and/or location must be made there in and within a timely manner. A Confirmation of receipt must also be obtained from the COMPANY/SALLY A. SCHWARTZ by the CLIENT.

 

SAFETY:  WEAVING DREAMS CREATIONS PHOTOGRAPHY, feels safety is of utmost importance and therefore reserves the right to terminate any coverage or leave the location of Event(s) if there is any question that the photographer from the COMPANY/SALLY A. SCHWARTZ, feels there is inappropriate, threatening, hostile or offensive behavior from any person(s) at the Event(s); or if the safety of the photographer from the COMPANY/SALLY A.SCHWARTZ is in question.

 

PHOTO SESSION & ADDITIONS: The CLINET and the COMPANY/SALLY A. SCHWARTZ agree that cooperation and punctuality are essential to achieving the goals as well as the wishes of ALL PARTIES involved. The PHOTO SESSION will begin at agreed schedule start time and will end at the agreed said end time. If the CLIENT Fail to arrive at the appointed time allotted at the time WILL BE noted at start of the time the session began and that in which the session time was ended; ALL additional time beyond the scheduled time frame WILL BE billed to the CLIENT. PLEASE NOTE that it will be UPON written agreement between the COMPANY/SALLY A. SCHWARTZ and the CLIENT for ANY & ALL extended time frame. In the event an agreement of time was signed, it will be only the FIRST HALF HOUR THAT WILL BE WAIVED.

 

EXPENSES INCURRED: When applicable, the CLIENT will be responsible for all travel accommodations, and transport costs, IE: Plane Fair, Train, or Gas Fee outside of a 50+ mile radius. All travel expenses are based upon the distance between the CLIENT, or Event location(s) and the COMPANIES/SALLY A.SCHWARTZ’S Studio Address. Therefore it is agreed upon that the first 50 miles round trip of travel WILL BE included, ANY & ALL miles that EXCEED that 50 mile roundtrip radius WILL BE charged $________per mile. (Please note that this fee is subjected to change & based upon cost of price per gallon.)

 

RESPONSIBILITES: The COMPANY/SALLY A. SCHWARTZ is NOT responsible for compromised coverage due to causes beyond the control of the COMPANY/SALLY A. SCHWARTZ including but not limited to obtrusive guests, lateness of the CLIENT, or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY/SALLY A. SCHWARTZ, rendering of decorations, or restrictions of the location(s). The COMPANY/SALLY A. SCHWARTZ is NOT responsible for backgrounds or lighting conditions in which a negative impact or restricting the photo coverage. The COMPANY/SALLY A. SCHWARTZ is not held liable for missed coverage of any part of the EVENT(S). The COMPANY/SALLY A. SCHWARTZ will NOT be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).

 

VENUE & LOCATION LIMITATIONS: The COMPANY /SALLY A. SCHWARTZ, is limited by the rules and regulations/guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on The COMPANY/SALLY A. SCHWARTZ. Negotiations with the officials for moderation of guidelines are the CLIENT’S responsibility; The COMPANY/SALLY A. SCHWARTZ will offer technical recommendations only.

 

PERMITS: The CLIENT is responsible for acquiring all permits and necessary permissions for all locations on which The COMPANY/SALLY A. SCHWARTZ will perform services. Please Note: In some situations circumstance permits may be handled accordingly by The COMPANY/SALLY A. SCHWARTZ in such said cases as request in Photographing a Model.

 

FILM & COPYRIGHTS:  The photographs produced by The COMPANY/SALLY A. SCHWARTZ, are protected by the Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the so said company/photographer’s explicitly written permission to do so. If the CLIENT has purchased an “Image DVE” from The COMPANY/SALLY A. SCHWARTZ, 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 “Image DVD” from The COMPANY/SALLY A. SCHWARTZ,  the so said named grants the CLIENT permission to share the images on social networking websites, with family & friends, & on vendor websites as long as the images remain unaltered & textual credit is given explicitly to The COMPANY/SALLY A. SCHWARTZ. The CLIENT must obtain written permission from The COMPANY/SALLY A. SCHWARTZ, prior to publishing or selling the photographs.

 

MODEL DISCLAIMER & RELEASE: The CLIENT hereby assigns The COMPANY/SALLY A. SCHWARTZ, the irrevocable & unrestricted right to the Negatives/Digital Negatives & other formats that produce quality JPEGS, PNGs, TIFF and other related formats that are use & publish photographs of the CLIENT. Or in which the CLIENT may be included, for editorial, trade, advertising, educational & any other purpose as well as in any manner & 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. If the CLIENT is offered a monetary gain from so said images, The COMAPNY/SALLY A. SCHWARTZ, MUST be contacted so an agreement can be put into effect between the CLIENT and The COMPANY/SALLY A. SCHWARTZ. Same is so to be said should monetary gain is offered to The COMPANY/SALLY A. SCHWARTZ it will be the responsibility of so said to contact the Model. If it is found that this agreement is breeched by either party, retributions CAN &WILL be implemented. The CLIENT is in ownership of their image, therefore may use their image to market themselves accordingly in the following manner: the CLIENT use their image, for editorial, trade, advertising, educational & any other purpose as well as in any manner & medium that is not Monetary based, unless of course agreement it rendered between the CLIENT& The COMPANY/SALLY A. SCHWARTZ. In the event that the CLIENT & the COMPANY?SALLY A. SCHWARTZ agrees to what is known as a TFP/TFCD(Time for Print/Time for CD) Photo Session the same agreement of this clause is still applicable. A TFP/TFCD (Time for Print/Time for CD). Time for Print/Time for CD is known to be that which the CLIENT and the COMPANY/SALLY A. SCHWARTZ agree that there is NO monetary value exchanged between the CLIENT & the COMPANY/SALLY A. SCHWARTZ and the Photo Session is an exchange of time & service on both parties. Acknowledgement of this Section of the PAYMENT& POLICY AGREEMENT, will still be subjected to retribution should one of the parties fail to contact the other should the CLIENT or the COMPANY/SALLY A. SCHWARTZ, be offered any monetary value by outside parties.

Signature:_________________________________________________________________________________________

 

Printed Name:_____________________________________________________________________________________

 

Address:___________________________________________________________________________________________

 

City:____________________________________________________State:_________________Zip:________________

 

Phone Number:_______________________________________E-Mail:_______________________________________

 

Witness:___________________________________________________________________________________________

LIMIT OF LIABILITY: In the event that the assigned photographer from the COMPANY/SALLY A. SCHWARTZ, is unable to perform to the guidelines of this agreement, due to injury, illness, act of God, act of terrorism, or any other cause that is beyond the control of the COMPANY/SALLY A. SCHWARTZ; the so said COMPANY/SALLY A. SCHWARTZ; will make every effort to secure a replacement.

If the situation occurs & a suitable replacement is not found, responsibility & liability is limited to the return of all payments that have been received by the CLIENT for this event. ALL receipts for payments rendered from the CLIENT will be held in original form with the COMPANY/SALLY A. SCHWARTZ for professional & business reasons. Copies will be given to the CLIENT. It is IMPORTANT for the CLIENT to retain these receipts as proof of payments rendered

 

In the 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, or theft, the COMPANY liability is limited to the return of all payments received for the Event(s) in question. The limit of partial loss of original files shall be the prorated amount of the exposures that were lost based upon a percentage of the total number of originals taken. The COMPANY/SALLY A. SCHWARTZ 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.

 

CAPTURE & DELIVERY:  The COMPANY/SALLY A. SCHWARTZ; is NOT liable, nor obligated to deliver every image taken of the CLIENT(s) or EVENT(s). The determination of images delivered is left to the discretion of the COMPANY. 

 

POST PRODUCTION & EDITING:  The final post production & editing artistic styles, effects & overall finished look of the images are left to the discretion of the COMPANY/SALLY A. SCHWARTZ. Reproduction Policy: Reproduction of any of the photos without consent from the COMPANY/SALLY A. SCHWARTZ is subject to retribution. If you are given a DVD or CD by the COMPANY/ SALLY A. SCHWARTZ for personal use you will be required to request the needed signed copy by the COMPANY/ SALLY A. SCHWARTZ that gives you the permission to obtain copies. This will be stated within the agreement at the time of signature & required fee’s.

 

PAYMENT SCHEDULE:  The required ___________% Non-Refundable retainer fee is due at the time of signing agreement. Failure to submit the retainer fee will render this contract VOID & Null. The remaining balance will be paid in full prior to or on the day of the EVENT(s). In the event the CLIENT fails to submit payment as specified, the COMPANY shall have the recourse to immediately terminate this agreement without further obligation, and retain any monetary exchange that was already rendered for services and not to attend or accommodate the CLIENT or Event. Returned checks will be at a value of $____________ Non-Sufficient Fund Fee. With this noted the COMPANY/SALLY A. SCHWARTZ prefer to deal with a Cashier’s Check or Cash.

 

PRICING:  Service for each CLIENT differ and therefore hold a different cash value for going rates; any services or merchandise that is not included in the initial contract offer and agreement WILL BE sold separately and at the current price when the order is placed. All prices are subject to change at any time without notice.  

 

EXCLUSIVE PHOTOGRAPHER’S RIGHTS: This provision covers and ensures the right of the COMPANY/SALLY A.SCHWARTZ in the event the
COMPANY/SALLY A. SCHWARTZ is hired as the Sole Photographer by the CLIENT or for an EVENT. The COMPANY/SALLY A. SCHWARTZ reserves the right to ask the other photographer’s to step down and put away his/her camera.

 

HARASSMENT POLICY: It is within the COMPANY/SALLY A.SCHWARTZ discretion to terminate coverage for a CLIENT or an EVENT the photographer is being harassed, pushed or shoved or inappropriate behavior is being made upon the COMPANY/ SALLY A. SCHWARTZ.

 

 

Signature:_________________________________________________________________________________________

 

Printed Name:_____________________________________________________________________________________

 

Address:___________________________________________________________________________________________

 

City:____________________________________________________State:_________________Zip:________________

 

Phone Number:_______________________________________E-Mail:_______________________________________

 

Witness:___________________________________________________________________________________________

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