Forest2Sea Pet Photography CONTRACT
Photographer:
Forest2Sea Pet Photography
info@forest2seapetphoto.com
https://forest2seapetphoto.com
For specific notes on each animal, please fill out the Pet Questionnaire.
This agreement is between the client, hereafter referred to as “Client”, and Carol and Scott McGee, doing business as Forest2Sea Pet Photography, hereafter referred to as “Forest2Sea”.
Explanatory Statement
Client has one or more pets, for which they desire portraits. Forest2Sea is in the business of providing pet photography in natural settings for pet owners. The parties wish to establish general and specific terms to govern the rendition of such services as and when needed by Client and to agree on the rights, responsibilities and limits of liability.
Terms
1. Session Fee. The Client shall make a session fee equal to $175 to Forest2Sea to perform the services specified herein. Upon payment, Forest2Sea will reserve the date and time agreed upon by both parties. Client agrees that this session fee is earned by Forest2Sea when paid, and is remitted in consideration of the experience, reputation, and skill of Forest2Sea and is in consideration of the inability of Forest2Sea to schedule other clients during this reserved time.
2. Arrivals. The Client shall arrive at least fifteen (15) minutes prior to the agreed session start time. This will allow for the pet to become comfortable with the area. If the Client does not arrive on this time schedule, fifteen (15) minutes will be deducted from the session time to allow the pet to accommodate to the location and Photographer.
3. Preparation. All pets shall be prepped to look their best no more than 24 hours prior to the session. If the animal is a bird, the wings must be properly clipped and nails trimmed. All animals should be fed at least two (2) hours prior to the session to avoid the pet getting sick from excitement. The Client shall not provide treats unless previously discussed with Forest2Sea. The Client shall relay any allergies or dietary restrictions to Forest2Sea on the provided Pet Questionnaire prior to the session.
4. Pet History. The Client shall provide Forest2Sea a pet behavioral history, including but not limited to biting, jumping and incidents of aggressive behavior on the provided Pet Questionnaire prior to the session.
5. Subjects. The Client shall maintain control of all subjects, including human beings. It is the responsibility of the Client to ensure the cooperation of additional subjects so as to not intrude on the pet’s immediate area. The Client shall cooperate and follow the directions of Forest2Sea during the course of the session. Failure to cooperate will result in termination of the session and forfeiture of the session fee.
6. Rescheduling / Cancellation.
a. In the event that the Client requests to reschedule a session, the session fee shall be applied to the rescheduled session if notice is given, at minimum, 72 hours prior to the scheduled session. If less than 72 hours’ notice is provided, Client will be charged an additional 20% fee to reschedule. Rescheduled sessions must be within three (3) months of the originally scheduled session. If Forest2Sea is unable to accommodate the reschedule request, the session fee will be returned to the client, minus a cancellation fee of 20% and any permit fees already paid by Forest2Sea.
b. If Client requests to cancel this agreement, they must give a minimum of 72 hours’ notice prior to the scheduled session. The session fee, minus a cancellation fee of 20% and any permit fees already paid by Forest2Sea, will be returned to the Client. If the cancellation request is provided less than 72 hours prior to the agreed photographic session, it will be treated as a failure to show.
c. If Client fails to show for the agreed photographic session time, all monies, including the session fee, shall be forfeited to Forest2Sea.
7. Circumstances. If Forest2Sea is unable to perform the session due to pet’s disposition or condition, the Client shall be allowed to reschedule at Forest2Sea’s discretion. Forest2Sea shall attempt to resolve any circumstances not to exceed fifteen (15) minutes in length. Rescheduling shall occur within three (3) months from the original session, otherwise it will be treated as canceling the session.
8. Failure to Perform. If Forest2Sea is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of Forest2Sea, Forest2Sea and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Forest2Sea shall return the full amount of the session fee to the client and shall have no further liability. Further, if Forest2Sea is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of Forest2Sea, liability shall be limited to returning the full amount of the session fee paid.
9. Client’s Usage. The Client must act in accordance with the Forest2Sea Print Release Agreement. The Client’s digital images are for personal use only and shall not be used in any other manner.
10. Artistic Rights. Forest2Sea retains the right of discretion in selecting the photographic materials released to the Client. Forest2Sea shall provide a gallery to Client to choose from and the gallery shall include the 5 best photographs, at a minimum, at Forest2Sea’s discretion.
11. Photographic Materials. All photographic materials, including but not limited to raw images, digital proofs and previews, shall be the exclusive property of Forest2Sea. Forest2Sea shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 1 week of the session and shall remain open for 3 weeks from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $25 un-archival fee shall apply. All digital orders must be placed within 3 weeks of proof gallery delivery. No high resolution, processed digital images will be released until the agreed upon amount is paid in full. All sales are final.
12. Copyright and Reproductions. Forest2Sea shall retain ownership of the copyright in all images created. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of Forest2Sea {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102}.
13. Property Release and Publication. Client grants to Forest2Sea the absolute and unconditional worldwide right to use, transmit, display, sell, license, and publish photographs of the Client’s pet(s) without right to further payment.
14. Photographer’s Standard Price List. The charges in this agreement are based on Forest2Sea’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. No refunds or credits shall be made retroactively.
15. Travel and Overage Fees. The Client shall pay $0.58 per mile for travel over 35 miles outside Palo Cedro, CA 96073.
16. Permits and Allowed Pets. Forest2Sea shall be responsible for obtaining and remitting payment for any shooting licenses needed to be obtained for the session. If the Client’s pet is not allowed within the jurisdictional limits of the session location, the Client shall have the choice to either cancel the session with a refund of the session fee or reschedule the session location and time to accommodate the pet.
17. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to Forest2Sea’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum of $250 or less. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
18. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
19. Indemnification. While Forest2Sea will endeavor to ensure a safe and professional photographic session, some circumstances are outside the control of Forest2Sea. Client agrees that Forest2Sea shall be held harmless for any and all injury to Client or pet during the course of the photography session and the immediately surrounding events, unless Forest2Sea, its employees and/or contractors purposely or negligently causes harm to Client or pet. Alternatively, Client shall be responsible for any medical bills due to any and all injuries to Forest2Sea, its employees and/or contractors caused by their aggressive pet(s) if not stated in the Pet Questionnaire, consultation or otherwise before the agreed session.
20. No Partnership Implied. This Agreement shall not create or be construed to create a partnership, joint venture, association or any type of combination. No party shall have the power or authority to act as the agent of the other or to authorize or incur obligations on behalf of the other or to make on behalf of the other party any promises, warranties or representations. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, assigns, parents, subsidiaries or related or affiliated companies.
21. Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
22. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
23. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. The laws of the State of California shall govern this Agreement.
