The person(s), known as the "Client", agree that MADRID CREATIVE ARTS, LLC., shall provide services to photograph their event or project to the best of her abilities, in the manner described in this document. Any modifications must be in writing, signed by both parties, and physically attached to the original agreement. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary. 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 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.
Client shall reserve the time and date of services with a non-refundable, non-transferable reservation retainer equal to $100.00. No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full no less than 30 days before the event date. In the event Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend this event. Unless the contract is canceled, the retainer fee shall be applied to the photography fee total.
Cancellation: If for any reason Client cancels this contract before the event/shoot date, Photographer will keep the retainer. If Client fails to supply written cancellation as specified before the wedding date or cancels within 30
days of the wedding date, Client shall be required to pay the full balance due.
Reschedule: In the event that Client reschedules the wedding and Photographer is able to rebook the original
wedding date, Client will receive credit for all monies already paid. A new contract may be required. The new
package price will reflect pricing in effect when the date change occurs. In the event that Client reschedules the
wedding and Photographer is not able to rebook the original wedding date, Client forfeits the retainer but
will receive a credit for all other monies paid. Credit may be applied to wedding coverage within one year of original date provided Photographer is available.
If Photographers and/or assistants are unable to perform any or all of the duties herein for any
reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if we cannot provide another competent professional, all money received by Photographer, minus expenses, will be returned to Client, and Photographer shall 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.
Upon receipt of a photo disc or portable hard drive, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client's responsibility to make sure that digital files are copied to new media as required.
Services or merchandise not included in this initial contract will be sold at current price when an order is placed. All prices are subject to change at any time without notice. All print/album credits and sessions must be used within 6 months of web gallery posting or photographer may substitute a product of reasonable value to fulfill any outstanding credit balance.
Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the wedding day and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of MADRID CREATIVE ARTS, LLC. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
All photographs taken by MADRID CREATIVE ARTS, LLC. will remain her property and are protected by United States Copyright Laws (USC Title 17). Violators of this federal law will be subject to its civil and criminal penalties.