This contract constitutes an order for photographic services, including the taking of still or motion photographs as agreed to by both parties— Orange Photography (Photographer) and Contracting Party. Please be advised that strike-outs or hand written modifications to this Agreement will not be accepted. Should you have questions regarding the Agreement, please contact us directly. Although all care will be taken with the photographs taken at the event, the Photographer limits any liability for loss, damage or failure to deliver pictures for any reason to the return of any deposits made.
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- not at the time this agreement is signed. If there is to be a breach in Photographer’s standard delivery process due to Client’s request, than Photographer shall not be required to refund any payment made for package or contract deliverables. Charge $375 for each additional hour of service for a single photographer and $500 for each hour if more than one photographer and/or when additional lighting/printing equipment is required (billed in 30-minute increments), if requested by Contracting Party to extend the shoot. Contracting party agrees to pay percentage of invoiced rate for expedited turnaround of ANY number of images requested on or after shoot date at 15% for 3 business-days, 30% for 2-business-days and 50% for less than 2 business-day turnaround. Extended coverage duration requested day of event will be billed at 150% of extended hourly rate if less than 48 hr. turnaround included. Should your package contain elements that are to be fulfilled after your session, such as retouching, Orange will do our due diligence to reach out and provide the opportunity for feedback. If no selection or response is provided by Contracting Party within 30 days of your session, Orange will fulfill our contractual obligation by making a selection on the Contracting Party’s behalf. Additional fees may be assessed at our standard price list should additional requests be made.
FLEX PACKAGES and Multi-event bookings: For events/sessions in which the package specifies a flex session that has yet to be scheduled, such as bulk headshot or portrait packages, the following additional stipulations: 1) Bookings must be made at least 2 weeks prior to desired session or additional fees may apply. Session availability is subject to photographer’s availability and dates cannot be guaranteed. 2) Travel fees/additional fees may apply per our standard agreements if session request is beyond our standard Bay Area shooting area. 3) Cancellations of session or No Show subject to cancellation policy/fee outlined in our cancellation/change policy outlined further.
CANCELLATION/CHANGE POLICY: Contracting Party agrees to pay 35% of invoice if event is cancelled more than TWENTY DAYS prior to event start time should the event for which services have been contracted be cancelled/changed. For any cancellations or changes of event date/time or package elements per Contracting Party’s request BETWEEN TWENTY DAYS AND SEVENTY-TWO (72) hours prior to event start date a 50% change fee will be assessed on the invoiced amount per cancellation or change. If notice of postponement is given by Contracting Party less than SEVENTY-TWO (72) hours prior to shoot starting date, the Contracting Party will be charged 100% of invoiced amount. In the event of a rescheduled event/session all new arrangements must be scheduled within 1 calendar year of initial agreed upon event/session date or payment for services. For flex sessions independently scheduled a flat rate of $75 rather than a percentage of said invoice will apply to any no show/cancellation appointment that occurs within the stipulated timeframes above.
LATE CHARGES/FEES: Due to the nature of our agency, Orange reserves the right to bill for additional surcharges due to late booking and the additional cost associated with said bookings. These charges include: Late Staffing Surcharge in the amount of $100 per staff per appointment for bookings not signed within 2 weeks of shoot date. If you have requested service within 2 weeks, this surcharge may already be assessed in your package and client signature must be received within 48 hours of receiving said contract from Orange representative. A Late Asset Compliance Fee will be assessed should assets be required by Orange from client and are not delivered within 5 business days prior to shoot date. Assets may include logo/brand requirements for photobooth branding, location/venue details, etc. In addition to this fee, changes to assets or branding elements within 48 hours of shoot date will incur a Last Minute Change Fee billed at $75 per hour based on the complexity of desired changes. A Late Revision Request Fee may be assessed should client not respond in a reasonable and timely manner regarding revisions for video projects or retouching selections. This fee would be applied if our requests for revisions go unanswered for 21 days post shoot date. Additional de-archiving fees may also be necessary should the request go unanswered after 3 months from shoot date.
ARCHIVING DIGITAL FILES: While Orange photography will archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond 3 months from last day of packaged coverage for photography assets and 6 months from last day of packaged coverage for video footage unless otherwise stated in packaged items. For image requests beyond these dates, Orange may assess a dearchiving fee in the amount of $60 to make images/footage accessible. Additional fees may apply for out of process requests.
Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
DIGITAL FILE QUALITY: Photographer is committed to providing high quality services. Unless otherwise specified within package terms, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.
Photographer uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities.
It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
RELEASES: Contracting Party hereby releases, discharges and agrees to save harmless the Photographer, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority from the Photographer from and against any liability as a result of any distortion, blurring or alteration, optical illusion or use in composite form, either intentionally or otherwise, that may occur or be produced in the taking, processing or reproduction of the photographs. Photographer is not responsible for obtaining model, property, or other releases in connection with any of the photographs licensed herein. Contracting Party hereby releases and discharges Photographer from any and all claims and demands arising out of or in connection with the use of the photographs, including any and all claims for libel or invasion of privacy.
FORCE MAJEURE: A party is not liable for failure to perform the party’s obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this Contract under Cancellation/Change Policy in such circumstances. If a party asserts Force Majeure as an excuse for failure to perform the party’s obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was Timely notified of the likelihood or actual occurrence of an event described in Force Majeure.
NO-HIRE CLAUSE: If the Client elects to directly hire (on any basis, including as a full-time, part-time or temporary employee) a photography associate presented by Orange, then Client agrees to immediately pay Orange a recruiting/placement fee equal to 50% of what Client would pay for the Orange’s services if Client were to receive those services through Orange for a period of one year following each contractual arrangement directly hired. Client shall not be obligated to pay Orange a recruiting/placement fee if more than one year has passed following since the date the photography associate was presented by Orange.
DELIVERABLES HOLD: Balance shall be paid in full during or before the event for the service to be provided. Orange photography reserves the right to withhold all deliverables, including digital negatives, album production and prints until full payment has been received.
USAGE: All photographic products created under the auspices of this Agreement (collectively, the “Products”) are the property of Orange Photography. These products are protected by United States and international copyright law and may be licensed to Contracting Party if license is specified in selected package. Client acknowledges that Photographer is the author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client appear below in the licensing terms of this Agreement. I
IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.
Client understands and agrees that it is not buying the Image(s) but is paying only for a license to use the Image(s) as specified on the reverse side of this Agreement. The term of license begins from the date Photographer receives full payment of invoice. Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark. The use of any Image(s) will not constitute a work of joint authorship. Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.
Orange photography also reserves the right to use suitable images from our events in social media applications, i.e. Facebook, Twitter and our blog without notification to Contracting Party, unless contract includes privacy clause or client has purchased copyright from Photographer.
LICENSING: Photographer agrees to license images per the licensing terms outlined in this contract to the Contracting Party for their non-commercial use with photographic credits made to Orange Photography, when appropriate. Photo credit should appear as: Photographer’s Name/Orange Photography. We use the PLUS (Picture Licensing Universal System) language for licensing (http://www.useplus.com/). Included by default for all bookings are the following types of licensing: PAMM, PAWE and PICO
LICENSING DESCRIPTIONS: Marketing Materials (PAMM) Use in any marketing materials distributed to a targeted audience. Includes use in printed brochure, catalog, annual report, public relations and sales material. Also includes electronic (PDF) versions of the original printed uses. Applies to a specified end user product or service.
Web and Electronic Advertising (PAWE) Use in any web and electronic media for advertising and promotional purposes including website, web banner ad, promotional email and mobile ad. Applies to a specified end user product or service.
Internal Company (PICO) Use in any media intended for internal business purposes including internal presentation, newsletter, brochure, intranet and video. Applies to a specified end user.
FINANCE CHARGES: Unless Contracting Party pays in full by the end of the month following the month in which they were initially billed, a Finance Charge will be added to the account. The Finance Charge will be computed by multiplying the net amount due on all purchases and Finance Charges from all transactions prior to the current month by 2.0%, which is an Annual Percentage Rate of 24%.