PROFESSIONAL PHOTOGRAPHY AGREEMENT

PROFESSIONAL PHOTOGRAPHY AGREEMENT (“AGREEMENT”)

Photographer: SKPHOTO, LLC, a Wisconsin limited liability company, doing business as Stacy Kaat Photography (hereinafter the “Photographer”).

Customer (hereinafter the “Customer”)

Session or Package (hereinafter the “Session”)

1. AGREEMENT: Photographer is in the business of providing professional photography services and products and Customer wishes to retain Photographer to provide services as detailed in package purchased. The parties hereby agree as follows:
2. RESERVATION/DEPOSIT or RESERVATION/FULL PAYMENT: Upon the deposit or full payment for the package Customer signed up for, it is agreed that Photographer shall reserve the time and date agreed upon for the Session and will not make other reservations that will conflict with the Session. If no Reservation Deposit or Full Payment is made the parties do not have a contract and Photographer shall not be liable for any loss or costs to Customer or third parties. The Reservation Deposit is non-refundable, even in the event the date or session is changed or cancelled for any reason, including acts of God, fire, strike, extreme weather, health emergencies, and unrest. The Reservation Deposit shall be applied to the agreed upon Session Fee and reduces any outstanding amount due by Customer.
3. FULL SESSION FEE: Customer agrees that before any Works, as defined in package, are provided by Photographer the Customer will pay to Photographer the remaining outstanding invoiced balance of the Session Fee, together with any additional costs Customer shall be responsible for, as detailed in package.
4. ADDITIONAL COSTS: Customer agrees to be responsible for any and all additional costs which Photographer may incur for performing services at the Session, including but not limited to, parking, tolls, special equipment and site fees. Customer shall reimburse Photographer for any such costs, upon request.
5. PRE-SESSION CONSULTATION: Included in the Session Fee is a consultation (by phone or in-person) before the Session in order to finalize all Session Details, including but not limited to, photography shooting times, locations, and requests for specific photographs.
6. COOPERATION: The Customer agrees to cooperate and communicate as needed to achieve the desired results within this Agreement. Photographer shall not be held responsible if key individuals or subjects of Customer’s Session fail to appear or cooperate during the Session or if images are missed or undesirable due to details outside of the control of Photographer. Photographer recommends that Customer designate a Session coordinator to organize and ensure all necessary individuals and subjects are photographed.
7. WORKS CREATED: Within 14 days of completion of choosing images, Photographer shall produce the agreed upon digital negatives, photographs, prints, or other media or images (the “Works”). Customer understands that Photographer will not provide every exposure take and agrees to abide by Photographer’s editing decisions.
8. CREATIVE CLAUSE: Customer has provided Photographer with full editorial, production and content control regarding all aspects of production of the Works to be created hereunder. Photographer will use its best efforts to ensure the Works conform to Customer’s specifications and submit all Works to Customer in publishable quality, on or before applicable deadlines.
9. ALERATIONS: Customer shall not make or permit any alteration, whether by adding or removing materials from a Work, without the permission of Photographer. Customer acknowledges that even if alterations are made pursuant to this Section, Photographer remains the exclusive owner of the Work and rights relating to them, including copyright and ownership rights as set forth in this Agreement.
10. LICENSE: Upon full payment of the Session Fee, Customer is granted an exclusive license to use the Works for commercial purposes as set forth in the Session Details, or as agreed upon in a signed writing by Customer and Photographer. Works used for any purpose not directly related to such terms must be done only with the express written permission of Photographer and may include the payment of additional fees. Any use of the Works must provide credit to Photographer. All other uses are prohibited.
11. COPYRIGHT: All Works and rights relating to them, including copyright and ownership rights in the media in which the Works are stored, remain the sole and exclusive property of the Photographer. Any license granted hereunder has no effect upon these exclusive rights of the Photographer.
12. RELEASE AND WAIVER OF LIABILITY: Customer hereby agrees to waive and release any and all claims (other than claims based on reckless or intentional conduct) that Customer may have against Photographer and/or Photographer’s owner, employees, contractors, agents, successors and assigns, and agrees not to sue Photographer and/or Photographer’s owner, employees, contractors, agents, successors and assigns, for any losses, damages, expenses, or fees which arise out of, result from, or relate in any manner to, Photographer’s services and/or products provided under this Agreement. By signing this Agreement, Customer acknowledges and agrees that Customer was given an opportunity to ask any questions about this Release and Waiver of Liability, to discuss alternatives with Photographer, and Photographer’s agreement to enter into this Agreement is adequate consideration for this Release and Waiver of Liability.  Customer understands and agrees that this Release and Waiver of Liability shall be binding on each party and their respective heirs, legal representatives, successors, and assigns, and shall inure to the benefit of Photographer.
13. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, on this subject matter. This Agreement may not be amended without both parties’ written consent.
14. GOVERNING LAW: The laws of the State of Wisconsin shall govern this Agreement, and all disputes arising therefrom.

By digitally signing this document you confirm that you have read, understood and agreed to the terms and conditions of this Agreement.