Raven50MM LLC Client Contract Agreement
Terms and Conditions for Photography and Videography Services
This agreement ("Agreement") is entered into by and between Raven50MM LLC ("Photographer") and the client ("Client") for the provision of both photography and videography services at the Event specified below. By signing this Agreement, Client acknowledges and agrees to the following terms and conditions:
Photographer agrees to provide professional photography and videography services at the Event in a workmanlike manner, adhering to industry standards. Photographer may employ one or more assistants. Photographer shall individually edit, optimize, color-correct, enhance, and retouch the images and video footage captured at the Event.
A non-refundable retainer equal to 50% of the total balance is due upon execution of this Agreement. This payment secures Photographer's availability for the Event date, subject to non-payment, reasonable emergencies, and force majeure events. The final payment of the balance for the Services is due at the time when final deliverables are finished. Failure to make timely payments may result in the termination of this Agreement by Photographer with no obligation to refund any money, including the retainer, or to attend the Event.
All photographs and videos taken by Photographer at the Event, in any form, are protected by copyright. Unauthorized copying, scanning, reprinting, duplicating, or altering of the photographs and videos without Photographer’s express written permission is a violation of federal copyright law.
This Agreement commences upon execution and terminates upon Photographer's delivery of the final, Client-approved video content unless terminated earlier as provided herein.
5. Event Changes
Photographer must be notified immediately of any changes in the schedule or location, at least 14 days in advance of the scheduled Event date. If Client notifies Photographer by phone, written confirmation (e.g., email) must be sent within 14 days of notification. Only one reschedule is permitted. If Client changes the Event date without proper notice, Photographer is entitled to 100% of the reservation fee as liquidated damages. If professional hair and makeup services were reserved (either in the original contract or through separate invoicing), an additional $200 fee is applicable as liquidated damages for rescheduling without proper notice. Any additional payments (e.g., pre-purchased studio credit) will be applied to the new date, and Client is responsible for covering any deficiencies retained as liquidated damages.
Upon acceptance of these terms and payment of the retainer, Photographer commits to attending the Event at the specified date and time and makes no other reservations for that date. If Client cancels the Event entirely, Photographer will make commercially reasonable efforts to rebook that date and time. Photographer retains 100% of the reservation fee if the Event and/or Image Reveal and Ordering Session is canceled by Client without rescheduling for a later date. If Client fails to appear for the session or cancels within fourteen (14) days of the session, Client's card on file will be billed the full amount of the session for lost wages to the Studio.
Photographer will present selected images and video content (referred to as "Proofs") to the Client via a Gallery Link, typically sent 2-4 weeks after the original session. Proofs may include artistic enhancements or touch-ups added at Photographer's discretion. All orders must be paid in full at the time of presentation for images and videos to be ordered.
8. Delivery Date
Due to the custom nature of the products, client orders will be delivered no later than 2-4 weeks after the date of the Client's final approval.
9. Price Protection
Photographer guarantees that all prices quoted for Event images and videos are valid for a period of 60 days following the Event. Orders placed after this period are subject to Photographer’s published pricing at the time of order placement.
10. Pre-Session Purchase Option
Pre-session purchases of products and studio credit are non-refundable and non-transferable. They must be applied in full toward products and images associated with the session date specified in this Agreement. Photographer retains 100% of the pre-purchase amount if the Client cancels the Event and/or Image Reveal and Ordering Session without rescheduling. If the Client needs to reschedule the Event to another date, the pre-purchase amount will be applied to the new Event date.
11. Model Release
Client agrees that Photographer may use images and video footage of Client from any portion of the Work for display, publication, or other promotional purposes without additional compensation to Client or Client’s agents. Client’s guests at the Event are deemed to have consented to the use of their name, image, or likeness by Client or Photographer for the duration of the Event, and Client shall indemnify and defend Photographer from any claims that any of Client’s guests may assert against Photographer related to the use of their name, image, or likeness.
Disputes arising from this Agreement fall under the exclusive jurisdiction of the state and federal courts serving Holland, Michigan. Both parties consent to the jurisdiction of such courts.
13. Attorney’s Fees
The prevailing party in any litigation or dispute involving this Agreement or the Services performed shall be entitled to recover reasonable attorney’s fees, costs, and expenses from the non-prevailing party.
This Agreement may not be assigned.
15. LIMITATION OF LIABILITY
Photographer's liability for any claim, loss, damage, or injury arising under or relating to this Agreement is limited to the fees paid by Client for the Services. In no event shall Photographer be liable for special, incidental, consequential, or punitive damages, even if Client informs Photographer of circumstances that would give rise to such damages.