Client Service Agreement

This document was last updated on April 18th, 2022.

Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."

Purpose of the Agreement

-Client wishes to hire Vendor to provide services relating to Client’s Wedding or EVENT.

-Vendor agrees to provide such services as detailed according to the terms under this Agreement. (The specifics of the package can be reviewed on proposal or website's services page.)

Terms

Vendor shall provide Client with: Service(s) and/or product(s) as detailed in the proposal.

Location and Delivery of Services

Location. Vendor shall deliver Services at Client's specified location(s).

Delivery of Services. Vendor will provide all Services by the day(s) specified by Client. When the provided Services are tied to the number of guests that Client expects to attend Client's wedding or other event, Client agrees to notify Vendor with an accurate guest count.

Cost, Fees, and Payment

Cost.
The total cost ("Total Cost") for all Services described is due in full by the day of the Wedding or Event. (the amount is specified on proposal or website's services page)

Client shall pay the Total Cost to Vendor as follows:

- 30% of the total due to secure booking ("Booking Deposit") (Online Deposit, when booking is placed through the website's services page, or by other payment method specified on proposal)

- Remaining balance on the day of the wedding or event (In Person or by invoice)

The first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Vendor for committing to provide the Services and turning down other potential projects/clients. (SEE DETAILS BELOW FOR CANCELLATION, RESCHEDULING AND NO-SHOWS)

Exclusivity

Exclusivity. Client understands and agrees that he or she has hired Vendor exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Vendor hires to complete the Services outlined in the Proposal, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in the Proposal.

Intellectual Property

Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with the Proposal, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business, unless Vendor agrees with Client to release full or any specific copyright permission(s).

Permitted Uses of Product(s). Vendor grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Vendor with attribution each time Client uses Vendor’s property, unless Vendor agrees with Client otherwise.

Personal use includes, but is not limited to, use within the following contexts:

In photos on Client’s personal social media pages or profiles; or
In personal creations, such as a scrapbook or personal gift; or
In personal communications, such as a family newsletter or email or holiday card.

Artistic Release

Style. Client has spent a satisfactory amount of time reviewing Vendor’s work and has a reasonable expectation that Vendor will perform the Services in a similar manner and style unless otherwise specified under this Agreement.

Consistency. Vendor will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

Every client, event and wedding are different, with different tastes, budgets, and needs;
Photography and (or) Videography services are often a subjective art and Vendor has a unique vision, with an ever-evolving style and technique;
Vendor will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
Although Vendor will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Vendor shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with Vendor's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided under this Agreement are not to exceed the Total Cost of Services provided by Vendor.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Vendor shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification. Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Vendor provides to Client.

Cancellation, Rescheduling and No-Shows

How close to the start time can clients cancel?

If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, such as failure of the WEDDING or EVENT to occur or failure of one or more essential parties to the WEDDING or EVENT to show up in a timely manner, Client shall provide notice to Vendor at least 14 days (336 hours) before the WEDDING or EVENT, and vendor may, at their sole discretion, choose to forgive and refund Booking Deposit (NOT TRAVEL EXPENCES, IF ANY). However, this is up to the vendor's choice, and Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost.
If the Vendor decides to refund the Booking Deposit (30% of the Total Cost), and if this deposit was paid using a credit card or PayPal, a fee of 3.6% will be deducted from the refund amount of the Booking Deposit.

Vendor has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client).

Client is not relieved of any payment obligations for canceled Services, rescheduled Services, failing to show up for the WEDDING or EVENT, or should it become impossible for Vendor to provide the services due to the fault of Client (or parties related to Client).

Impossibility

Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services. In the event Vendor cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
Excuse Client of any further performance and/or payment obligations under this Agreement.

General Provisions

Governing Law. The laws of FLORIDA govern all matters arising out of or relating to this Agreement, including torts.

Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

Email
1. Vendor's Email: rembert@photosmair.com
2. Client Email: (Added by ON THE PROPOSAL OR ONLINE BOOKING)

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the WEDDING or EVENT and Services contained under this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained under this Agreement are expressly merged into and superseded by this Agreement.

After both parties sign the proposal, a non-editable PDF will automatically generate as confirmation and assurance that everything agreed under this Agreement can not be digitally or otherwise modified.

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.