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- Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the wedding. Family and friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere with the Photographer's duties and do not photograph poses arranged by the Photographer.
- Deposit and Payment. The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and the Client shall pay the balance due. If the Client refuses delivery of the order or refuses to pay within thirty (30) days of this order, Client shall be in default hereunder and shall pay ~ percent interest on the unpaid balance until payment is made in full.
- Cancellation. If the Client shall cancel this Agreement (120) or more calendar days before the wedding date, any deposit paid to the Photographers shall be refunded in full. If Client shall cancel within (120) days of the wedding date, liquidated damages shall be charged in the amount of the deposit.
- Photographic Materials. All negatives shall be the exclusive property of the Photographer.
- Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer' portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer's studio. If the Photographer desires to make other uses, the Photographers shall not do so without first obtaining the written permission of the Client.
- Release for Use of Photographic Image on Internet. I hereby authorize Mark's Photo & Gallery to use my photographic image in its website released on the Internet. I understand that the Internet is accessible by the general public, and that Mark's Photo & Gallery shall not be responsible for any use of my image by individuals accessing the Internet. If, however, I indicate in writing that I would like my image to be withdrawn from the website, Mark's Photo & Gallery agrees to do so within sixty (60) days from receipt of my request. Mark's Photo & Gallery also may remove my photographic image from its website at its sole discretion.
- Client Usage. The Client is obtaining prints f or personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for newspaper announcement of the wedding, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall request that the newspaper run a credit for the Photographer adjacent to the photograph, but shall have no liability if the newspaper refuses or omits to do so.
- Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cuase beyond the control of the parties, or due to Photographer's illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malf unction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event that Photographer fails to perform for any other reason, the Photographer shall not be liable f or any amount in excess of the retail value of the Client's order.
- Photographer. The Photographer may substitute another photographer to take photographs in the event of Photographers illness. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
- Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
- Photographer's Standard Price List. The charges in this Agreement are based on the Photographer'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.
- Client's Originals. If the Client is providing original prints, negatives or transparencies owned by the Client to the Photographer f or duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for any amount in excess of the retail value of the Client's order.
- Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Ohio.