Uncompromised Quality Photography By Photographer Dan Harris
A home-studio photography business in Jacksonville, FL 1124 Riviera St. Jacksonville, FL 32207 (904) 398-7668
This Client agreement including the following terms and conditions is a Contract for services provided by Dan Harris PhotoArt, LLC, a Florida Corporation. Dan Harris PhotoArt, LLC should be notified immediately of any changes in scheduling or location. It is the Clients responsibility to confirm all arrangements 14 days prior to the date of the event and to notify Dan Harris PhotoArt, LLC of any change of address or contact information as listed on this contract. Please do not assume that an e-mail was received without a return response.
The retainer fee (50% of the package price) is due within 4 months of the event as a reservation for service. If 50% is not paid by the 4th month before the event the reservation will be forfeited and the date will be made available to other interested parties. $1,000.00 of this initial retainer fee is due upon execution of this contract and will reserve the date and time specified. The total package price must be paid prior to 14 days of the event or all package incentives and/or discounts will be null and void. Additional custom items ordered after the event must be paid-in-full at the time of order placement. Additional hours beyond the time contracted in the package will be billed at the contracted hourly rate and will include additional images processed and posted to the website and 40 4x6 reprints per hour or portion thereof. Title (possession) of all products shall remain with the studio until paid-in-full. In the unlikely event of any dispute all production and services will be put on hold and no products will be delivered until such time as the dispute is resolved. Reprint credits included in the initial hourly fee may only be used for reprints and not for any other product or service.
All photos are copyrighted and negatives remain the property of Dan Harris PhotoArt, LLC. In the event Dan Harris PhotoArt, LLC offers to sell you the negatives and/or high resolution computer files after the initial order period you agree that these originals are for your personal use only and that the photographer retains the full copyright for commercial use and may require the use of certain negatives/originals for such purpose. We will store the original negatives and files from your event for you up to 3 years after your event but we cannot guarantee any additional time after that because we are physically running out of storage space. If we do not hear from you or you choose not to purchase your originals they will eventually be discarded. NOTICE OF COPYRIGHT: It is ILLEGAL to copy, scan or reproduce these photographs elsewhere without our written permission, and violators of this federal law will be subject to its civil and criminal penalties. Dan Harris PhotoArt, LLC shall have no responsibility for fire or theft or other casualty or liability for failure to supply any product or service when prevented from so doing by acts of god, strikes, labor disputes, death, accidents, illness or emergency, equipment malfunction or any cause beyond the photographer's reasonable control. In the event of an unforeseen emergency Dan Harris PhotoArt, LLC will make every effort to provide a replacement photographer.
Dan Harris PhotoArt, LLC takes the utmost care with respect to the exposure, development, storage and delivery of photographs and will make every reasonable effort to satisfy the client. However, in the event of failure for any reason to comply with the terms of this contract, liability of Dan Harris PhotoArt, LLC is limited to the refund of monies paid in the contracted amount. All parties to this contract hereby agree that said refund shall terminate any further liability to this agreement and that the amount of liability cannot exceed the amount of this Contract.
We do not put time limits on album or reprint ordering timetable but contracted pricing can only be guaranteed for 90-days after your event and orders received thereafter will be subject to any increase of prevailing prices. Upon notification, the undersigned must arrange for pick-up or delivery of completed orders (at your own expense) within a reasonable time period, not to exceed 30 days. The studio is not responsible for any damage that may be incurred while ordered products are in storage after the 30-day period. The terms of this agreement are valid for six (6) months after the date of the event. If no correspondence or other communication has been received from the Client by that date this agreement will be considered completed in full.
Upon default of any payment, package discounts and any incentives will be void, late fees and interest charges (1.5% per month) will be assessed ($25 returned check charge) and the Client will assume responsibility for any and all collection costs and legal fees incurred. Venue of all legal action shall take place in Duval County, Florida. Dan Harris PhotoArt, LLC shall be the exclusive photographers retained to perform contracted photographic services at the event. Paparazzi will not be allowed at the private event and guest photography will be restricted at the ceremony and during any private group photo sessions, offending guests will be asked to return to their seats or vacate the premises.
The undersigned acknowledge that they have received, read and understand Dan Harris PhotoArt's current price list (www.danharrisphotoart.com/Prices.html) , which is incorporated herein by reference. Dan Harris PhotoArt, LLC maintains business liability insurance through State Farm Insurance to protect the client from claims by the property owner for any accidental damage the photography staff may cause. Certificate of insurance is available upon request.
Dan Harris PhotoArt, LLC cannot be held responsible for damage to garments in environmental events. The Client is responsible to arrange personal assistance for wedding garments. Although diligent effort is made to avoid environmental problems all customer-requested digital touch-up or alteration, not included in the purchased product, is at the client's expense. Such re-touching may include, but is not limited to, correcting; hair/make-up, environmental effects, clothing, reflections in glasses, opening closed eyes, removal/insertion of other people,/family members,/hired wedding personnel,/fixtures, etc.
Although diligent effort is made to avoid future problems, the Client acknowledges that dyes in photographic materials may fade or discolor over time due to the inherent qualities of the dyes and other manufacturing processes outside the control of Dan Harris PhotoArt, LLC, and the Client releases Dan Harris PhotoArt, LLC from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. The Client also acknowledges that computer hard drives, and other image storage media may also fail over time due to handling, storage, manufacturing processes and other inherent qualities outside the control of Dan Harris PhotoArt, LLC and Client releases Dan Harris PhotoArt, LLC from any liability for any claims whatsoever based upon storage media failure or computer malfunctions due to such inherent qualities.
Due to the limited and subjective nature of the event, Dan Harris PhotoArt, LLC cannot be held responsible for requested photographs not taken or missed or lack of coverage resulting from weather conditions or schedule complications caused by, but not limited to, anyone in or at the event, or by church/synagogue/location restrictions. It is hereby acknowledged that any lists submitted are suggestions for the photographers consideration and will be used for organizational purposes only and in no way represents photographs that will actually be produced. Any documentation other than this contract such as, but not limited to, correspondence, conversation notes, e-mails and lists are not contractually binding. Please be aware that 'Table shots' and 'smiley group shots' of each guest are not standard pictures we normally take and are only taken by special request on a limited bases and must be planned in advance and directed by your designated coordinator (someone other than Dan Harris PhotoArt, LLC staff personnel).
The Client will be responsible for any location fees, permit fees or venue fees (if required). The Client gives Dan Harris PhotoArt, LLC irrevocable rights to use the images, negatives and prints from their event for samples, displays, publication, internet websites, advertising, illustration, commercial art, exhibitions, contests and other purposes without compensation. The Client will be responsible and hold Dan Harris PhotoArt, LLC harmless for any actions resulting from the use of photographs of people in attendance at their event.
The good faith non-refundable retainer reserves the services for the date and time specified. Upon payment of the initial retainer or portion thereof, Dan Harris PhotoArt, LLC shall reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason the reservation fees are non-refundable. In the event of a postponement when the studio is able to fully replace the cancelled reservation with an event of equal or greater value, the non-refundable retainer fee may be applied to future photographic services, subject to date availability at the studio's discretion.
Dan Harris PhotoArt, LLC will make every effort to accommodate any reasonable requests. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This agreement incorporates the entire understanding of the parties. Any modifications of this agreement must be in writing and signed by both parties. The terms of this agreement have been read and are accepted by:
Client/Contracting Party_______________________________________ Date__________