Contract for Portrait Sessions

TERMS & CONDITIONS

______ 1. DEFINITIONS: “Photographer” refers to Angie Choi, “Client” refers to the commissioning party or company named above, its representatives, successors, assigns, agents and affiliates. 

________ 2. EXCLUSIVITY: Eyekahfoto shall be the only photography service provider retained by the Client for the event identified on page one of this Agreement (referred to below as the “Event”). Family and friends of Client shall be permitted to photograph the event, for non-commercial purposes, provided that such person or persons do not interfere with the Photographer’s duties. If, in the opinion of the Photographer, such person or persons are inhibiting the Photographer from performing his or her duties, Client shall require the person interfering with the Photographer to stop all further shots.

________ 3.CANCELLATION AND LIMITATION OF LIABILITY: If the Event is cancelled for any reason, including “Acts of God”, epidemics, pandemics, COVID-19, strikes or other work disruptions, warfare, civil unrest, fire, injury, extreme weather, or laws, rules or regulations that prevent the Event from occurring (collectively, “Uncontrollable Events”), no refunds for any payments made by Client will be provided. Client is responsible for payment of all expenses incurred up to the time of cancellation and the non-refundable retainer payment described below. If notice of cancellation is given less than two (2) business days before the scheduled Event date, Client must pay all fees owed under this Agreement.

In the event that Eyekahfoto is unable to perform the services set forth in this Agreement due to an unanticipated medical, natural or other emergency, Eyekahfoto shall make reasonable efforts to substitute another competent professional photographer. If another photographer cannot be assigned in time for the Event, Eyekahfoto shall promptly return to Client all fees previously paid by Client minus expenses and shall then have no further liability with respect to this Agreement.

This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.

________ 4. NON-REFUNDABLE RESERVATION FEES: A booking retainer is due upon the signing of this Agreement. Once the Agreement is signed and the deposit is paid, EYEKAHFOTO shall reserve the time and date agreed upon for the Event and will not make other reservations that will conflict with the Event. For this reason all reservation fees are NON-REFUNDABLE.

Should any cheque fail to clear the account against which it is drawn (for any reason, including

Insufficient funds), Client shall pay an additional fee of $35.00. There is $50 late payment fee for any payments that are postmarked or delivered to EYEKAHFOTO by the required date. Please address all cheques to “Angie Choi”. 

________ 5. CHANGE IN DATE, TIME OR PACKAGE SELECTION: Client may upgrade Client’s package selection at any time until the day of the event. However, under no circumstances shall Client be permitted to change its selection to a lower-priced package or lesser amount of hours. In case of a change in the time or date of the Event, EYEKAHFOTO shall make reasonable efforts to accommodate the change. However, if the new time or date conflicts with EYEKAHFOTO’s existing schedule, EYEKAHFOTO reserves the right to terminate the Agreement. In the event of such termination, Client shall forfeit any previous non-refundable deposits

________6. On the noted event date, the number of hours offered is meant to begin when the photographer walk in the first venue and end when they complete at the last locations. All overtime hours will be billed and is to be paid at the over time rate of $100 for one photographer per hour.

________7. COMPLETION OF FINAL PRODUCT: The entire editing process from time of scheduling to receipt of the final product is normally 2-3 weeks, at which time Client will receive the final product of the event.

________8. COPYRIGHT/PUBLICITY RIGHTS/PROMOTIONAL USE OF IMAGES: The images in digital or print format produced by Photographer are protected by copyright and Photographer retains the copyright to all images produced under this Agreement. Client may reproduce any images solely for personal use without any modifications. Client must obtain written permission from Photographer to use the images for any other purpose, including reproducing or selling any images for profit or commercial purposes. Client must tag Eyekahfoto when reproducing any images on any social media platform.

On behalf of themselves and any guests at the Event, Client acknowledges and agrees that Eyekahfoto may use images from the Event for commercial use, including, without limitation, promotional use for exhibition to other potential clients of Eyekahfoto without seeking any further permission from Client or requiring the payment of any compensation to Client.

________9. CREATIVE CLAUSE: It is understood that EYEKAHFOTO is the exclusive official photographer retained by the Client to cover this event. EYEKAHFOTO is granted full editorial, production, and content control by the Client regarding all aspects of the production.

________10. DEFAULT: In the event of non-payment or other breach of this Agreement by Client, Client shall pay all of Photographer’s costs and expenses incurred in connection with enforcement of the terms of this agreement, including Photographer’s reasonable legal fees. 

________11. RELEASES: Photographer is not responsible for obtaining model, property, or other releases in connection with any of the photographs licensed herein unless specifically stated herein. 

________12. RESHOOTS: Client will be charged 100% fee and expenses for any reshoot required by Client. For any reshoot required because of an act of God, (other than inclement weather which is addressed below) or the fault of a third party, Photographer will charge no additional fee and Client will pay all expenses. If Photographer charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expense covered by insurance. A list of exclusions from such insurance will be provided on request. 

________13. CANCELLATION AND LIMITATION OF LIABILITY: If the Event is cancelled for any reason, including “Acts of God”, epidemics, pandemics, COVID-19, strikes or other work disruptions, warfare, civil unrest, fire, injury, extreme weather, or laws, rules or regulations that prevent the Event from occurring (collectively, “Uncontrollable Events”), no refunds for any payments made by Client will be provided. Client is responsible for payment of all expenses incurred up to the time of cancellation and the non-refundable retainer payment described below. If notice of cancellation is given less than two (2) business days before the scheduled Event date, Client must pay all fees owed under this Agreement.

In the event that Eyekahfoto is unable to perform the services set forth in this Agreement due to an unanticipated medical, natural or other emergency, Eyekahfoto shall make reasonable efforts to substitute another competent professional photographer. If another photographer cannot be assigned in time for the Event, Eyekahfoto shall promptly return to Client all fees previously paid by Client minus expenses and shall then have no further liability with respect to this Agreement.

This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.

________14. HARASSMENT / CONDUCT / COMPLIANCE WITH RULES: Ensuring the appropriate behaviour of all guests and other persons at the wedding and other events covered by Photographer shall be the responsibility of Client. In the event Photographer or her assistant(s) experiences any inappropriate, threatening, hostile or offensive behaviour from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a family member of the Client; second offense: the offending person will be required to leave the Event; third offense: Photographer will end wedding coverage immediately and leave the Event,

Photographer shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.

Client acknowledges and agrees that Photographer must comply with all laws, rules and regulations with respect to COVID-19 (or similar pandemic/epidemic situations) by maintaining proper social distancing with Client and guests and wearing a mask/PPE. If Client and/or Event guests fail to comply with such laws, rules and regulations resulting in unnecessary risks to Photographer’s health and safety, Photographer reserves the right to end wedding coverage immediately and leave the Event without providing any refund to Client.