This agreement is made effective between Doug Burke Photography LLC, hereinafter referred to as “the PHOTOGRAPHER” and Primary Client and/or Secondary Client as listed above”, hereinafter referred to as “the Client(s) relating to the event(s) detailed below, hereinafter referred to as “the Event(s)”.
Entire Agreement: This agreement contains the entire understanding between the PHOTOGGRAPHER and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
Payments: No payments, this is a complimentary session. Gratuity welcome but not necessary.
Reservation: A signed contract is required to reserve the dates and times of the event.
Event Schedule: Notification of any changes in schedule or location should be made in a timely manner and confirmation of receipt must be obtained from the PHOTOGRAPHER by the CLIENT. PHOTOGRAPHER can cancel the EVENT date in the event of a contracted wedding client requesting the EVENT date. All other paying clients will be scheduled around the selected CLIENT EVEN.
Safety: The PHOTOGRAPHER reserves the right to terminate coverage and leave the location of the EVENT if the PHOTOGRAPHER experiences inappropriate. Threatening, hostile or offensive behavior from person(s) at the EVENT; or in the event the safety of the PHOTOGRAPHER is in question.
Travel Expenses: For all events listed in the designated locations listed on the Free Engagement Session Details page of www.dougburkeweddingphotography.com there will be no travel fees. Any and all other locations may incur a travel fee.
Responsibilities: The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to no-show or lateness of the CLIENT, weather conditions, schedule complications, incorrect address provided by the PHOTOGRAPHER, rendering of decorations, or restrictions of the locations.
Venue & Location Limitations: The PHOTOGRAPHER is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the PHOTOGRAPHER. Negotiation with the officials for moderation of guidelines is the CLIENT’S responsibility; the PHOTOGRAPHER will offer technical recommendations only.
Film & Copyrights: The photographers produced by the PHOTOGRAPHER are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the PHOTOGRAPHER’s explicitly written permission. The CLIENT has purchased “Digital or Physical copy” from the PHOTOGRAPHER with limited print and usage rights of the resulting images transferred to the CLIENT upon final delivery. The PHOTOGRAPHER grants the CLIENT permission to share the images on social networking websites, with family and friend, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the PHOTOGRAPHER under Doug Burke Wedding Photography, www.dougburkeweddingphotography.com, and Doug Burke. The CLIENT must obtain permission from the PHOTOGRAPHER prior to publishing, entering into contest/competition, or selling the photographs.
Model Release: Client, including all persons involved in or participating in the EVENT as an adult or a minor acting under the expressed authority and permission of CLIENT, hereinafter referred to as “the PARTY”, for good and valuable consideration, the receipt of which is acknowledged, hereby grants to Doug Burke Wedding Photography the unrestricted right and permission to copyright and/or use, and/or publish photographic portraits, video or pictures of the CLIENT and the PARTY, and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which the CLIENT and PARTY may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, in any media for advertising or any other lawful purpose relating to the business and promotion of Doug Burke Wedding Photography or its affiliated companies.
CLIENT and PARTY waives any ownership and publication right they might be entitled of in connection with the photographs from the session, with the exception of the personal use and rights of the photographs as defined by PHOTOGRAPHER in Limited Print Release. CLIENT and PARTY agree they have no right to sell, license or publish any of the Pictures to any person or entity without the written and expressed permission of the PHOTOGRAPHER.
CLIENT hereby release, discharge and agree to save harmless and defend Doug Burke Wedding Photography, his/her legal representatives or assigns, and all persons acting under his/her permission or authority or those for whom he/she is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent procession thereof, as well as any publication thereof, including without limitation any claims for libel or violation of any right of publicity or privacy.
CLIENT hereby warrants that he/she is of full age and have every right and permission to contract for the CLIENT and PARTY in the above regard. CLIENT states further that they have read the above authorization, release, and agreement, prior to its execution, and that CLIENT is fully familiar with the contents thereof and that the photographer session was conducted in a completely proper and highly professional manner, and this release and contract was willingly signed.
This release shall be binding upon the CLIENT and PARTY, and their respective heirs, legal representatives, and assigns.
The CLIENT hereby assigns the PHOTOGRAPHER the irrevocable and unrestricted right to use and publish photographs of the CLIENT and PARTY or in which the CLIENT and/or PARTY may be included, for editorial, trade, advertising, education and any other purpose and in any manner and 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 the use of images.
Limit of Liability: In the unlikely event that the assigned photographer from the PHOTOGRAPHER is unable to perform to the guidelines of this contact due to any illness, injury, act of God, act of terrorism, or other cause beyond the control of the PHOTOGRAPHER, the PHOTOGRAPHER will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT.
In the Unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the PHOTOGRAPHER’s control, including but not limited to camera, hard drive, or equipment malfunction, the PHOTOGRAPHER liability is limited to the return of all payments received for the EVENT. The limit of liability for partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total of originals. The PHOTOGRAPHER is not liable for the loss of images beyond the lesser of the final delivery or all products included in the packages.
Arbitration: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of North Carolina or another location mutually agreeable to the parties. If a mutual agreement regarding location can not be reached all claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of North Carolina. An award of arbitration may be confirmed in a court of competent jurisdiction.
Capture and Delivery: The PHOTOGRAPHER is not liable to deliver every image taken at the EVENT. The determination of images delivered to the CLIENT is left to the discretion of the PHOTOGRAPHER. The PHOTOGRAPHER will deliver images in Jpeg format only, no RAW files or original files will be given.
Archive: All images will be available in the online gallery for fourteen (14) days following the CLIENT viewing date of the final package. After fourteen (14) days all images will be purged from the PHOTOGRAPHER’s hard drive, except as needed for promotional purposes, to be determined by the PHOTOGRAPHER, at the PHOTOGRAPHER’s sole discretion. The PHOTOGRAPHER does NOT guarantee archival of the digital files passed a period of fourteen (14) days after delivery of the final package and is not responsible for loss or damage to the digital files due to circumstances beyond the PHOTOGRAPHER’s control.
If all or part of the CLIENT photos need to be re-uploaded to an online gallery after fourteen (14) days has expired and if the PHOTOGRAPHER has an archived copy of the photos there is a $100 charge for time and storage space to re-upload the photos to an online gallery.
I have read and understand the terms above. I hereby agree to the terms in this agreement.