Livi Blue Photography Professional Business Branding Contract

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Terms and Conditions:

Definition of Client/s: The person/s whose signature/s appear on the reverse side shall be the client/s for this contract, shall be the one/s to whom Livi Blue Photography, LLC. delivers its products, and shall be financially responsible for all payments to be made under this contract. This contract incorporates the entire understanding of the parties, and any modifications to it must be in writing and signed both by Livi Blue Photography, LLC. and by the client/s.

Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract, known as "Client", agree that Livi Blue Photography, LLC., known as "the Studio", shall provide services to photograph portraits and related events to the best of her abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of the State of Georgia shall govern this contract, and any resulting arbitration shall take place within Fayette County, Georgia. 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.

Payment: Client shall reserve the time and date of services by signing and returning this contract along with a $25 non-refundable, non-transferable reservation.  No date is reserved until the contract and payment are received. The balance due for the photography services must be paid in full before the photoshoot date. In the event that 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, take appropriate legal actions to secure the total balance due and not attend this event. Returned checks will be assessed a $50 non-sufficient funds fee, and all future purchases/payments must be paid by Cashier’s Check. Unless the contract is canceled, the retainer fee shall be applied to the photography fee total.

Cancellation: Once Livi Blue Photography reserves a date/time for the client/s, it ceases attempting to sell its services for this date/time to others. If the event is cancelled or postponed or client changes his/her mind about retaining services, then Livi Blue Photography, LLC. suffers a loss. Therefore, all monies paid by the client/s are not refundable under any circumstances. Client may cancel contracted services within 7 days of signing contract with no further monies due. If a balance is due to Livi Blue Photography, LLC. at the time of cancellation, said cancellation must be made in writing, signed by the contracted party, and sent via Certified Mail by the United States Post Office to avoid paying remaining balance. If Client fails to supply written cancellation as specified before the photoshoot date or cancels within 7 days of the shoot, Client shall be required to pay the full balance due.

Governing Law. Livi Blue Photography, LLC and Client/s agree the laws of the State of Georgia shall govern the validity, construction, and performance of this Agreement, without regard to its conflict of law principles. Any actions relating to this Agreement shall be brought in the state or federal courts located in and serving Fayette County, Georgia.

Counterparts. Client/s and Livi Blue Photography, LLC agree that signatures by facsimile transmission or electronic scan are acceptable and shall have the same force and effect as if an original signature.

Construction and Severability. Wherever possible, each provision of this Agreement shall be interpreted so that it is valid under applicable law. If any provision of this Agreement is held illegal or unenforceable, that provision will be reformed only to the extent necessary to make the provision legal and enforceable; all remaining provisions continue in full force and effect. This contract incorporates the entire understanding of the parties, and any modifications to it must be in writing and signed both by Livi Blue Photography, LLC. and by the client/s.

Studio Liability and Performance: If the Studio or it's agent(s) is 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 she 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.

Livi Blue Photography takes great care with respect to the exposure, processing, and delivery of photographs. In the event that Livi Blue Photography, LLC. cannot comply with the terms of this contract due to negligence, oversight, accident, error, omission, any other avoidable or unavoidable circumstance, whether caused by Livi Blue Photography, LLC. or otherwise, Livi Blue Photography and/or photographer/s’ liability for this or any other circumstance shall be limited to the amount paid up to that time by the client/s. Livi Blue Photography, LLC. does not guarantee to capture any particular image(s) or meet any particular aesthetic criteria as part of its performance under this contract. In addition, failure by the client/s to make any payment as and when agreed shall release Livi Blue Photography from any further responsibility under this contract, without the responsibility to return any monies previously paid to it under this contract. To the extent provided by law Client/s hold harmless Livi Blue Photography, its officers, agents and employees from all liability, damage, cost or expense arising from claims for injury to persons, damage to property occasioned by reason of any conduct undertaken by reason of this contract (the hold harmless will not apply to the extent an injury is caused by the gross negligence of or the willful misconduct of Livi Blue Photography, LLC., its officer, agents or employees.

Inherent Qualities: The client/s understand/s that photographs may fade or discolor over time due to the inherent qualities of dyes, inks and materials and agrees to release the Images Livi Blue Photography, LLC., and/or photographer/s from any liability for any claims based upon such fading or discoloration. Prints made at different times, from different cameras, or from digital media vs. film, are expected to have variations from each other in color balance and finish. Proof images may bear watermarks indicating they are proofs and showing the Livi Blue Photography, LLC., name and copyright information. All print sizes are nominal sizes, not exact measure.

Responsible Party: The photographer is not responsible for the results of the style of hair, make-up, or wardrobe selections. The client takes responsibility of his/her appearance upon arrival to portrait session.  The photographer will not be responsible for the cost of grooming paid out for the portrait session.  The client assumes the cost of grooming if session is rescheduled.

Digital Downloads: Upon receipt of digital downloads, 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.  Client is responsible for downloading all gallery images within three weeks after gallery is opened.  Failure to download images from the gallery will require a $50 retrieval fee. Client shall receive download link for final selected images 10 - 14 days after the selection session.

Pricing: 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. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from Photographer. 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.

Exclusive Photographer: It is agreed that I Livi Blue Photography, LLC., (“the Studio”) will be the exclusive commercial photographer providing still prints for this event. Others may take photographs or record video as long as they do not interfere with the duties of the Studio and do not photograph or record poses arranged by the Studio. It is agreed that interference from others, paid or unpaid, who attempt to photograph or record the same poses or scenes during the same time period as the Studio may detract from the quality of the Studio’s images, and may be cause for the Studio to cease work until such interference ends. The Studio will not be responsible for time or images missed as a result of such interference.

Client Responsibilities: You are responsible for any and all permits, licenses and approvals needed for Livi Blue Photography, LLC., to photograph and perform photography services, if applicable, at any location. The photographer is not responsible for lighting restrictions imposed at any of the venues chosen for your event, whether known or unknown by you prior to your photoshoot day. We will make every professional effort to maximize the quality of image given the environment in any location that you have chosen, but we are not liable for circumstances outside of our control.

In the event that you request photography time above the number of hours designated in this agreement and/or the length of the event exceeds the time specified in this agreement, requiring photography time above the number of hours designated in this agreement, Livi Blue Photography, LLC., will make reasonable efforts to accommodate your request. Additional photography time will be billed at Livi Blue Photography, LLC., current hourly rate for your photo shoot listed on our price sheet. You will also be responsible for any incremental out-of-pocket expenses that Livi Blue Photography, LLC., incurs in accommodating your request. If the event lasts past time specified, and you authorize the photographer(s) to continue taking photographs past such time, unless otherwise specified in this agreement, you will be responsible for providing hotel accommodations for the photographer(s) and filmmaker(s), if applicable.

Harassment: Ensuring the appropriate behavior of persons at the photo shoot and other events covered by Photographer shall be the responsibility of Client. In the event Photographer orher employee experiences any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the photo shoot 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 photo shoot or event; third offense: Photographer will end coverage immediately and leave the event, Photographer shall be entitled to retain all monies paid here under and client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.

Coverage: 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 photo shoot 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.

Artistic Style: On its own behalf and on behalf of the subject, Client acknowledges that it is familiar with the Photographer’s portfolio and is requesting services with knowledge of the Photographer’s style. That the Photographer’s style is constantly evolving. That Photographer’s services are of unique and artistic nature. That the photos may be different from photographs taken by the Photographer in the past and that in creating the photos, the Photographer shall use her personal, artistic judgment, to create images consistent with her personal vision of the event. Which vision may be different from the Client’s and/or the subject’s vision of the event. Accordingly, Client acknowledges that the photos shall not be subject to rejection on the basis of taste or aesthetic criteria.

Image Processing/Printing: Unless agreed upon prior to any editing work, high-resolution downloads and/or proof sets may contain a mixture of color, black and white, and selective color images. An alternately colored version of a photo may be purchased at the current rate. Limited color correction and/or retouching are included at Photographer's discretion. Client may request further changes for an additional charge. Photographer is not responsible for any prints that are not ordered directly from her. For best results, clients with the high-resolution files should order their prints through a reputable lab.

Copyright & Reproduction: It is agreed that Livi Blue Photography, LLC., shall own the copyright to all images created through this contract. The Studio shall have the exclusive right to make reproductions for the client/s or for the photographers’ portfolios, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, for display within or on the outside of the photographers’ studio, including the internet. The client/s agree/s to purchase all prints and/or images directly from the Studio. The client/s will not copy or reproduce the images in any way without the Studio’s express written permission. Unauthorized copying or use of the Studio’s images is an infringement of Federal Copyright Law and a violation of this contract. Unless specifically stated, this contract does not provide the client/s with any ownership of or rights to use the negatives or digital image files created under this contract.  A copyright release will be issues for commercial marketing.

Prices: These prices shall be in effect for a period of sixty days after the date of the event. For any additional items, or for contracted items not fully specified or ordered by client/s until after the six-month date (“late orders”), prices shall be those in Livi Blue Photography, LLC., regular price list in effect at the time any such additional or late order is made.

Model Release: 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 Jalivia L. Northern. 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.

Photo Shoot Sessions:  Once Livi Blue Photography, LLC., reserves a date/time for the Client/s’ session, it ceases attempting to sell its services for this date/time to others. Client/s will be allowed one (1) reschedule of a session at no charge for their own reasons. Any subsequent reschedule date/time will be charged the current stand-alone rate for a session. If the Studio or its agent(s) is unable to perform any or all of the duties herein for any reason on the appointed day/time, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if she cannot provide another competent professional then another day/time will be rescheduled at no charge.

Submit Payment: The most convenient way to pay now is through Cash App. or Zelle My info.is $LiviBlue Jalivia Northern Jlnorthern@msn.com 404-991-1998

Service: Business Branding - $1,100.00

  • 3+ Hour Session
  • 4 - 6 Wardrobe Changes 
  • Location Change
  • Lifestyle Images inside and outdoors
  • 15 Downloadable Digital Images
  • Additional Images: $60 each 

I have read, understand and agree to the terms and conditions of this Agreement and agree to be bound by them. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.

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