PHOTOGRAPHY FEE & RESERVED TIME/DATE
$---/hr x - hrs = $---
Photography fee (“Fee”) is $--- for --- (-) hours. Please make sure the fee/time/date on the invoice and this contract are all correct before signing this Agreement.
A 50% non-refundable* deposit to book the time/date is due upon the date you sign this Agreement. An online proof will be sent to the email address on file within --- (-) days from the photo shoot. The payment of the balance is required in order to deliver the high-resolution digital files. Credit card payment option is available for full-rate clients.
*Exception: If you are not allowed to have the event due to COVID-19 regulations imposed by the US government, the deposit may be refunded.
Services included in the above fee:
(Additional services such as extensive retouching, printing, etc. will incur additional charges.)
High resolution digital files will be delivered to the Web Gallery (if purchased) or to the email address on file within two (2) days from the payment of the balance.
Cancellations with less than 72 hours’ notice will result in a charge of 50% of the remaining balance of the Contract and will be due within five (5) days of notice of cancellation. A late fee of $20 per day will be added to the balance due.
The main type of communication Photographer uses is EMAIL ([email protected]). Texts or phone calls might not be returned outside of the timeframes booked by Client. Any information needed for the photo shoot should be emailed at least 3 days prior to the date of the photo shoot.
1. AGREEMENT: This Agreement (“Agreement”) is by and between “Ayano Hisa Photography, Inc.” (“Photographer”) and you (“Client”). The Photographer and Client may be referred to as the Parties. This Agreement supersedes all prior agreements between the Parties.
2. WEB GALLERY: If Web Gallery delivery is purchased, a password and/or link will be sent to Client, provided full payment has been made. Web Gallery expires after a year from the event date. Client must notify Photographer of any problem with the files within one month from the date of delivery.
3. PHOTO SHOOT GUIDE / COOPERATION: The Parties agree to cooperate and communicate in a timely fashion to guarantee the best possible result. The Photographer will capture the best moments, in its discretion, during the event. If Client has specific requests, Client is responsible for communicating his/her requests to Photographer, including identifying people/objects/events of whom/which/when/where the specific photographs are desired, at least three (3) days prior to the event via email. It is recommended that the Client designate a "photo shoot guide" or a "shot list" to the photographer to point out important individuals/objects/events/timeline, who/which Client wishes to include in the photo shoot. Photographer cannot guarantee that all requests in a photo guide or shot list will be successfully photographed.
4. EVENT SCHEDULE: An event schedule should be emailed to Photographer at least 3 days before the date of the event.
5. DIGITAL FILES, FILMS, PRINTS and COPYRIGHTS: Digital files will be delivered to Client through the Web Gallery or other preferred online file transfer. The photographs, digital files, films, or prints (the “Photos”) produced by Photographer are protected by copyright law. Photographer grants Client a non-exclusive, non-transferable, perpetual, royalty-free, worldwide license to reproduce the Photos for press, archive, business promotion materials, social media, or personal use. The Photos are not permitted to be used for any profitable purposes, sell/trade activities, or large-scale advertising campaigns without written permission from Photographer. Such permission may require a license fee to use the Photos. Photographer retains the right to use the Photos for its own promotional materials, including social media and websites.
6. OTHER EXPENSES: For photo shoots outside of the NYC subway area, a transportation/lodging fee for Photographer and its assistants, including but not limited to airfare, will be added to the Fee. For photo shoots in NYC subway area which take place at more than one location, Client is responsible for providing the transportation or a transportation fee for Photographer and any assistant. For photo shoots of 6 hours or longer on the same day, Client is responsible for providing a meal on site for Photographer and any assistants or allowing a 45-minutes break.
7. LIMITS OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Photographer will make every effort to secure a replacement photographer able and willing to provide a similar package as chosen in this Agreement for an approximately similar Fee. If a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. Photographer takes all precautions with respect to exposure, transportation, and processing of digital files, including the use of professional grade equipment and backup equipment. However, in the unlikely event of Client’s files are lost, stolen, corrupted, or destroyed for reasons within or beyond Photographer’s control, Photographer’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the Fee for the event. The limit of liability for a partial loss of originals shall be a prorated amount in relation to the number of originals.
8. GOVERNING LAW; ARBITRATION. This Agreement shall be governed by the laws of the State of New York. Any disputes shall be brought in arbitration before the American Arbitration Association. The Parties fully consent to mandatory arbitration and specifically understand that they are waiving their right to a jury trial. The Parties specifically agree that there will be one arbitrator, there will be no hearing before the arbitrator, all disputes will be decided by written memorandums of law based on the factual record, the arbitrator’s decision will be final, and the Parties will abide by such decision.
9. NOTICES. All notices required or permitted under this Agreement must be delivered in writing or via email.
10. FORCE MAJEURE: The Parties shall be excused from liability for the failure or delay in performance of this Agreement, not including payment of the Fees, due to an event beyond its reasonable control, including but not limited to fire, flood, explosion, earthquake, natural disaster, any pandemic or epidemic, civil unrest, strike, or labor disturbance, war or threat of war, terrorism or a threat of terrorism, governmental or quasi-governmental order or directive to “shelter in place”, or any other event, occurrence, order, or directive similar to those enumerated above (each, a “Force Majeure Event”).
11. RELATIONSHIP OF THE PARTIES. The Photographer is, and shall be, an independent contractor and nothing herein contained shall be construed to create an agency relationship, employment relationship, a partnership, or a joint venture between the Parties.
12. AMENDMENTS: This Agreement may only be amended with the written approval of both Parties.
13. ENTIRE AGREEMENT: This Agreement has been freely negotiated and shall be recognized as the entirety of the agreement between the Parties.
I have read and understood the terms above and hereby agree to the terms of this Agreement.