Contract: This contract takes place between Michael Pohl Photography and the party who signs this contract. Michael Pohl Photography will be referred to as Photographer, and the client will be referred to as Client. *
1. Scope Of Work: This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at the following time and place. PHOTOGRAPHER and CLIENT are to arrive for the SHOOT at the time and location discussed, to be confirmed via email or text message. PHOTOGRAPHER agrees to provide no fewer than 15 proofs for CLIENT to view after the shoot, and is not required to provide more than this number of images. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary. *
2. Fees: In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of $149 as a session retainer. The balance of the payment for the session retainer must be paid in full no later than 24 hours after the CLIENT and PHOTOGRAPHER schedule the SHOOT. Loss Of Session Retainer: If CLIENT cancels the SHOOT, or is not at the SHOOT at the agreed upon times, due to any cause outside its control, such as fire, flood, casualty, act of God or terrorism, illness, or any other reasonable cause outside the client’s control or expectation, CLIENT agrees to forfeit session retainer amount as stated in Section 1. CLIENT is required to purchase photos separately after the SHOOT. Payment for those photos is due immediately upon ordering of photos to client. *
3. Product: PHOTOGRAPHER will contact client to schedule an appointment to review proofs of photos with CLIENT no more than thirty days (30 days) after the date of the SHOOT. CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not store the proofs. PHOTOGRAPHER agrees to license purchased photos to CLIENT from the SHOOT. All photos delivered to CLIENT are licensed for CLIENT’S personal use only. Photos from the SHOOT to be delivered to the client will be according to the following order. ALL PHOTOS MUST BE PURCHASED SEPARATELY. CLIENT understands and agrees that prints take longer for delivery. PHOTOGRAPHER must deliver photos in a reasonable amount of time after the CLIENT has made a final order. *
4.1 Indemnification: PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT. For example, the PHOTOGRAPHER has no liability for failing to capture the bride throwing the bouquet. CLIENT is encouraged to provide a suggested photo list to PHOTOGRAPHER no less than 24 hours prior to the SHOOT to include photos that CLIENT would like PHOTOGRAPHER to shoot, but PHOTOGRAPHER has no liability for capturing any of the photos on the list. *
4.2 Indemnification: If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, such as fire, flood, casualty, act of God or terrorism, illness, or any other reasonable cause outside the photographer’s control or expectation, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return all in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT. *
4.3 Indemnification: CLIENT understands and agrees that PHOTOGRAPHER is required to retain copies of a reasonable number of photos from the SHOOT for 60 days after the SHOOT. After this period has expired, PHOTOGRAPHER has no duty to retain copies or originals of files or photos from the event. It is the responsibility of CLIENT to purchase, store, and backup photos after the 60-day period. This clause is subject to the limitations of technological failure. Computers, hard drives, and memory cards are subject to technical failure. PHOTOGRAPHER will take reasonable steps to prevent data loss, but is not liable for loss of data due to technical failure. *
4.4 Indemnification: CLIENT understands and agrees that PHOTOGRAPHER may have cords, light stands, and other gear at the location. CLIENT will hold PHOTOGRAPHER harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. CLIENT further agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER. *
4.5 Indemnification: CLIENT agrees and understands that the quality of a photograph is entirely subjective. PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT. *
4.6 Indemnification: CLIENT agrees and understands that PHOTOGRAPHER may perform digital retouching of photos, including blemish removal, creative effects, teeth whitening, and other digital image edits. CLIENT agrees to hold PHOTOGRAPHER harmless for any edits which may be viewed as defamatory or demeaning. *
5. Exclusive Photographer: CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work, puts the photographer and others in harms way, and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations. *
6. Model Release: In exchange for valid consideration, CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sub-licensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may not sell photos containing CLIENT’S likeness to third parties without additional approval from CLIENT. *
7. Arbitration: Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in the state of California. The arbitration shall be binding on the parties. *
8. Assign-ability and Parties of Interest: CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner. *
9. Entire Agreement: This Agreement constitutes a single integrated Contract expressing the entire agreement of CLIENT and PHOTOGRAPHER with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof. *
10. Venue And Jurisdiction: This Contract is governed by the laws of the state of California and federal courts in that district. CLIENT and PHOTOGRAPHER agree to subject themselves to the laws of this state except for as provided in the arbitration clause. . CLIENT and PHOTOGRAPHER hereby waive the right to object to venue within this state. *
11. Severabillity: If any part of this Agreement is determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein. *
By signing below, You are agreeing that you have reviewed our galleries and are familiar with our style of photography.. You are stating that you understand and agree to respect and follow all of the contract terms, conditions, and policies. This contract shall be governed by the laws of the county of Contra Costa in the state of California and any applicable Federal laws. PLEASE SIGN BELOW
Date Of E-Signature *
Date Of E-Signature