1. Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the bar/bat mitzvah. Family and friends of the Client shall be permitted to photograph the bar/bat mitzvah as long as they shall not interfere with the Photographer’s duties and do not photograph poses arranged by the Photographer.
2. Retainer and Payment. The Client shall make a 30% non-refundable retainer to retain the Photographer to perform the services specified herein. Half of the remainder must be paid two months before the bar/bat mitzvah and the balance must be paid one month prior to the bar/bat mitzvah.
3. Cancellation. Upon signature and receipt of the retainer, the photographer will reserve the time and date shown above. If the bar/bat mitzvah date is changed or canceled, no portion of payments rendered will be refunded or credited.
4. Credit. Any unused credit will not be refunded. Credit cannot be transferred to another party or applied to another session. Credit will expire one year after the bar/bat mitzvah date.
5. Photographer’s Price List. Pricing for orders of albums and photographs, utilizing package credit, will be in accordance with prices existing at the time the contract is signed as long as orders are placed within 90 days of the client being notified that photographs are ready for preview. Any orders placed beyond the package credit, or in the period following 90 days of notification that photographs are ready for preview, will be charged according to prices in effect at the time the order is placed.
6. Picture List. The photographer will do his or her best to accommodate any requests for specific photographs. However, there is no guarantee that all photographs on a request list will be provided.
7. Pre-bar/bat mitzvah consultation. It is the client’s responsibility to contact the photographer 4-6 weeks prior to the bar/bat mitzvah to review the schedule of the day, final locations, restrictions on photography, and any other relevant details.
8. Meal breaks. The photographer and any assistants will be permitted reasonable rest periods for meals. It is customary for the photographer and/or assistant to participate in meals provided at the event to facilitate continuous coverage. (Prepared plates, in an out-of-the-way location, as guests are beginning the meal is the most preferred as it causes the least disturbance to photography coverage.) If a meal will not be provided the photographer and/or assistant will be permitted to leave the event for up to an hour to obtain a meal elsewhere.
9. Preview. The images will be ready to preview within three weeks of the bar/bat mitzvah. The images to be presented will be chosen at the photographer’s discretion and enhanced. Images will be previewed via online gallery.
10. USB. Packages that include a high-resolution USB will include said USB of only those images from the bar/bat mitzvah and/or engagement session that were presented and enhanced by the photographer. Crop-size and resolution may vary from image to image.
11. Photographic Materials. All photographic materials, including but not limited to digital files, proofs, and previews, shall be the exclusive property of the Photographer.
12. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. It is a violation of federal copyright law to copy, scan or allow photographs the photographer created to be copied or scanned. If a USB is purchased the photographer will give explicit permission to allow reproductions from the USB.
13. Client’s Usage. The Client is obtaining prints for 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 bar/bat mitzvah, 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. The newspaper may not sell the images.
14. Model Release. The client/s give London Wolfe Photography, LLC, his or her assigns, licensees, successors in interest, legal representatives, and heirs the irrevocable right to use our name (or any fictional name), picture, portrait, or photograph in all forms and media and in all manners, including composite or distorted representations, for advertising, trade, or any other lawful purposes, and we waive any right to inspect or approve the finished version(s), including written copy that may be created and appear in connection therewith.
15. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the retainer 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 or equipment malfunction, lost in the mail, or otherwise lost or damaged.
16. Photographer. The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
17. 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.
18. 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 hereunder 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 Pennsylvania.