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AGREEMENT BETWEEN LODA PHOTO AND CLIENT 

PHOTOGRAPHY AGREEMENT

This Services Agreement ("Agreement") is entered into by and between LODA PHOTO ("Photographer"), and ("Client"), each a "Party" and collectively the "Parties." For good and valuable consideration, which the Parties acknowledge and agree as follows. 

Definitions 

The Terms "Photographer," "photography team," "us," "we," and "our" refer to CAPTURED BY LODA PHOTO and all agents, employees, or other representatives.

The terms "you" and "your" refer to "Client" and all agents, employees, or other representatives. 

The term "session", "event", and "photography session" refers to a hired photographic session for the purposes of taking custom photographs to be scheduled for photographing on Scheduled Session Date ("Session Date"). 

The terms."agreement" and "contract" refer to this duly executed contractual obligation between parties.

The term "photographs", "photograph", "photographic materials" or "images" refer to the digital materials being produced out of this Agreement. 

The term "Accounting Point of Contact" refers to the Client's representative handling all payments under this Agreement.

Services 

Photographer will provide Client with the following services and/or products ("Services") : 


Booking and Payment 

The Photographer’s total price for these services is  (sales tax included)

Option to purchase additional images.

All payments will be invoiced by the photographer to the Accounting Point of Contact, 100% of the invoice amount must be paid after the agreement is electronically signed.


At execution of this Agreement, the Photographer will reserve the time and date agreed upon by both parties. 

Planning Meeting & Requests

Both parties will engage in a pre-session planning by meeting prior to session. The pre-session planning meeting worked to finalize the location, aesthetics, styling, and Client's particular requests.

All specific photographic requests must be received by the Photographer at least One (1) calendar week prior to session.

Cancellation, Reschedule and Late Arrival

If the Client fails to show, provide appropriate access and materials (including but not limited to models, props), the entire Photographer's Total Fee is due immediately.

If the Client requests to reschedule or cancels fourteen (14) or fewer calendar days before the agreed upon photographic event date, the Initial Payment will be forfeited, and a new Initial Payment will be required prior to scheduling of a new session date.

A reschedule fee of 50 percent of the Original payment may be applied and must be paid prior to the rescheduled session date. The Rescheduled session must take place within six (6) calendar months. 

Any Client that arrives late to the session will have the amount of time late deducted from the time allotted for the session.

Photographers will not provide a partial refund or other compensation for the time deducted from the session due to late arrival of the Client. 

In the event that the weather conditions are not desirable for an outdoor session based on Photographer recommendations, the session will need to be rescheduled and the reschedule fee will be waived or an alternative location agreed upon.

Due to liability and equipment damages, this decision will be at Photographer's sole discretion.

Location & Travel 

The photographic session will occur at Location identified herein. unless otherwise agreed upon in writing. If Client specifies a certain location to be used during the session, the Client is responsible for all location fees involved such as location access fees, parking, and other expenditures directly required for fulfillment of this Agreement. 


Liability

Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services are not to exceed the Total Price of this Agreement.

Indemnification 

CLIENT shall indemnify,  defend and hold harmless PHOTOGRAPHER and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees arising out of or resulting from the performance of the work described in this Agreement.

Termination

This agreement will terminate in the event that either Party materially breaches any portion of this agreement. Such termination will take effect immediately after fourteen [14] calendar days after notice of the breach from one party to the other. Both parties will have the right to notify the other of their intent to take substantial steps to cure any breach. If such notice is delivered, the Agreement will not terminate, unless such substantial steps do not occur.

This Agreement will terminate in the event of bankruptcy or judicial or administrative declaration of insolvency of Photographer or Client that relate to any duty of performance under this Agreement.

Cooperation of Guests and Clients 

The Client will cooperate with the Photographer and defer to the Photographer's professional judgment related to setting, poses, picture grouping, and other matters of artistic discretion. The Photographer retains the absolute right to refuse to photograph any situation, pose, or grouping that would interfere with the Photographer's artistic discretion. The Client will utilize best efforts to ensure that guests and attendees cooperate with the Photographer.

Confidentiality 

All terms and conditions of this agreement, and any duties and performances due under this agreement will remain confidential. 

Neither Party will use any information related to the photographs or business operations of the other party, except if as much is necessary for adequate performance under this agreement. The obligations contained in this Provision will expressly survive the termination, expiration or assignment of this Agreement. 

E-Signature

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signature pages may be executed via ''wet" signature or electronic mark and the executed signature pages may be delivered using pdf or similar file type transmitted via electronic mail, e-signature technology or other similar electronic means.

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