1. Photographer’s Responsibilities (“Services”): KreativTouch Group, Inc. (“KreativTouch”) hereby agrees to perform services for Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry. KreativTouch may employ one or more assistants. KreativTouch shall, in consultation with the Client, individually edit, optimize, color-correct, enhance, and retouch the images taken at the Event.
2. Retainer/Payment: A non-refundable retainer (that shall be applied toward the total fee for the Services) of 33% of the package is due upon execution of this Agreement, at which time the company commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events). Final payment of the balance due for the Services is due two weeks prior to the event. In the event that Client fails to remit payment as specified, KreativTouch Group shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), or to attend the Event. There will be a $35.00 fee for any returned check received by KreativTouch.
3. Copyright: All media produced by KreativTouch are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without KreativTouch’s explicit written permission. It is a breach of this agreement to not only reproduce the media, but to display them on social networking sites (Pinterest, Facebook, Instagram, etc.) without proper credit given. If displayed on social networking sites, media must contain Photographer’s watermark. Upon digital distribution purchased off your online web gallery, limited copyright ownership of the resulting media will be transferred to the Client under the following conditions: The media are the property of Client for personal use and for the purpose of the reproduction and giving of copies to friends and relatives. The Client must obtain written permission from and compensate KreativTouch prior to the Client or the Client’s friends and relatives publishing or selling the media for profit.
4. Term: The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon KreativTouch’s delivery of the final edited digital media, either on CD or via email link, to the Client, unless terminated earlier as provided herein.
5. Event Changes: KreativTouch must be notified immediately of any changes in schedule or location, at least 21 days in advance of the scheduled Event date. If Client notifies KreativTouch by phone, a written (i.e. email) confirmation must be sent within 2 days of such notification. If the date of the Event changes, and notice is not given within the period specified above, then KreativTouch shall be entitled to 50% of the retainer as liquidated damages for having to reschedule the event. The remainder of the retainer shall be applied toward the new date, but Client shall be responsible for making up the deficiency retained as liquidated damages.
6. Cancellation: Upon acceptance of these terms and payment of the retainer, KreativTouch shall commit to attending the Event at the specified date and time. If Client cancels the Event entirely, then KreativTouch shall be entitled to 100% of the retainer as liquidated damages. In the unlikely event that the assign staff is injured or becomes too ill to attend the event, KreativTouch will make every effort to reschedule the session. If the situation should occur and a reschedule does not work out, responsibility and liability is limited to the return of all payments received for the event.
7. Proofs: A presentation of the images selected by KreativTouch in its sole discretion (“Proofs”) shall be made available to client via an online gallery within 3-4 weeks following the Event. Proofs may include artistic enhancements or touch-ups added to the images in KreativTouch’s sole discretion. Client has 30 days to order any digital images or prints from KreativTouch (“Client’s Order”). The Client’s Order shall be sent via email or through the online proofing gallery favorites.
8. Delivery Date: The digital media or products shall be delivered no later than 45 days from the date of Client’s Order. It is the Client’s responsibility to immediately inspect the products for any defects. KreativTouch will offer an exchange or refund for defective CDs or printed products, if notified within 15 days of delivery. KreativTouch does not guarantee to store or host Client’s digital media. If digital media have been delivered via email link, Client has 30 days from the date of delivery to download the digital images. After the 30 day deadline, Photographer will charge a $50.00 file retrieval fee to resend the digital images with a new link.
9. Price Protection: KreativTouch warrants all prices quoted for Event images are valid for a period of 30 days following the Event. Orders placed after such periods are subject to KreativTouch’s published pricing at the time of the orders’ placement.
10. Model Release: Client agrees that KreativTouch may use media of Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents. Client’s guests at the Event shall be deemed to have consented to the use of their name, media, or likeness by Client or KreativTouch for the duration of the Event, and Client shall indemnify and defend KreativTouch from and against any claims that any of Client’s guests may assert against KreativTouch arising from, or related to, the use of any name, image, or likeness of Client’s guests by KreativTouch.
11. Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. KreativTouch will not be held accountable for not capturing desired shots if there is no one to assist in identifying people or gathering during the event. KreativTouch is not responsible if key individuals fail to appear or cooperate during Event or for missed footage due to details not revealed to KreativTouch beforehand.
12. Jurisdiction: The state and federal courts serving Gwinnett County, Georgia shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties hereto 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 there under, shall be entitled to recover reasonable attorney’s fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.
14. Assignment: This Agreement may not be assigned.
15. Entire Agreement: This agreement contains the entire understanding between KreativTouch and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have the waiver in writing.
16. LIMITATION OF LIABILITY: KREATIVTOUCH'S ENTIRE 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 BE KREATIVTOUCH BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS KREATIVTOUCH OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES. KreativTouch takes the utmost care with respect to exposure, transportation, and processing the media. However, in the unlikely event that media have been lost, stolen, or destroyed for reasons within or beyond KreativTouch’s control, KreativTouch’s liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the media lost based on the percentage of total number of originals.
17. Weather Policy: In the event of weather conditions that are out of our control: If the Client has been contacted and advised to reschedule due to KreativTouch’s concerns about weather, and the Client still proceeds with the session and it rains, limiting the time and or photos that were able to be taken, the Client will be charged for an additional session at the KreativTouch’s hourly rate to reschedule. Due to equipment, it is up to the KreativTouch’s discretion if bad weather persists to cancel the session, during the Event. If the Client has been contacted and advised to reschedule due to KreativTouch’s concerns about weather, and the Client decides to go ahead and reschedule, the Client will not be charged to do so. The Client will then be put on first alert for their session and able to have their session even on non-session days.
18. Props: The Client is responsible for bringing any of their own personal props that they would like. In the event that the client has forgot a prop for the event and wants images with that prop, the client will be charged for an additional session at KreativTouch’s hourly rate to reschedule the event. KreativTouch will bring any of it's props that have been requested in advance by client.
19. Appearance: In the event that the Client would like additional coverage due to appearance out of our control (hair/makeup, etc.) in the previous event, the Client will be charged for an additional coverage at KreativTouch’s hourly rate to reschedule the event.
20. Locations: If you have more than one location for your event, the travel time going from destination 1 to destination 2 and so forth does count towards the total amount of the session time.
21. Location Access and Fees: If the Client event location charges usage fees for access, the Client will be responsible to cover fees and all parking. They are also responsible for organizing the access and any permits related to doing so.
22. Outfits: Although there are no additional fees for additional outfits, the amount of time it takes to change into those outfits does count towards the total amount of contracted time.
23. Tardiness: In the event that the Client is late to the appointment set, the client’s session will still be for the same scheduled ending time.
2. Retainer/Payment: A non-refundable retainer (that shall be applied toward the total fee for the Services) of 33% of the package is due upon execution of this Agreement, at which time the company commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events). Final payment of the balance due for the Services is due two weeks prior to the event. In the event that Client fails to remit payment as specified, KreativTouch Group shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), or to attend the Event. There will be a $35.00 fee for any returned check received by KreativTouch.
3. Copyright: All media produced by KreativTouch are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without KreativTouch’s explicit written permission. It is a breach of this agreement to not only reproduce the media, but to display them on social networking sites (Pinterest, Facebook, Instagram, etc.) without proper credit given. If displayed on social networking sites, media must contain Photographer’s watermark. Upon digital distribution purchased off your online web gallery, limited copyright ownership of the resulting media will be transferred to the Client under the following conditions: The media are the property of Client for personal use and for the purpose of the reproduction and giving of copies to friends and relatives. The Client must obtain written permission from and compensate KreativTouch prior to the Client or the Client’s friends and relatives publishing or selling the media for profit.
4. Term: The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon KreativTouch’s delivery of the final edited digital media, either on CD or via email link, to the Client, unless terminated earlier as provided herein.
5. Event Changes: KreativTouch must be notified immediately of any changes in schedule or location, at least 21 days in advance of the scheduled Event date. If Client notifies KreativTouch by phone, a written (i.e. email) confirmation must be sent within 2 days of such notification. If the date of the Event changes, and notice is not given within the period specified above, then KreativTouch shall be entitled to 50% of the retainer as liquidated damages for having to reschedule the event. The remainder of the retainer shall be applied toward the new date, but Client shall be responsible for making up the deficiency retained as liquidated damages.
6. Cancellation: Upon acceptance of these terms and payment of the retainer, KreativTouch shall commit to attending the Event at the specified date and time. If Client cancels the Event entirely, then KreativTouch shall be entitled to 100% of the retainer as liquidated damages. In the unlikely event that the assign staff is injured or becomes too ill to attend the event, KreativTouch will make every effort to reschedule the session. If the situation should occur and a reschedule does not work out, responsibility and liability is limited to the return of all payments received for the event.
7. Proofs: A presentation of the images selected by KreativTouch in its sole discretion (“Proofs”) shall be made available to client via an online gallery within 3-4 weeks following the Event. Proofs may include artistic enhancements or touch-ups added to the images in KreativTouch’s sole discretion. Client has 30 days to order any digital images or prints from KreativTouch (“Client’s Order”). The Client’s Order shall be sent via email or through the online proofing gallery favorites.
8. Delivery Date: The digital media or products shall be delivered no later than 45 days from the date of Client’s Order. It is the Client’s responsibility to immediately inspect the products for any defects. KreativTouch will offer an exchange or refund for defective CDs or printed products, if notified within 15 days of delivery. KreativTouch does not guarantee to store or host Client’s digital media. If digital media have been delivered via email link, Client has 30 days from the date of delivery to download the digital images. After the 30 day deadline, Photographer will charge a $50.00 file retrieval fee to resend the digital images with a new link.
9. Price Protection: KreativTouch warrants all prices quoted for Event images are valid for a period of 30 days following the Event. Orders placed after such periods are subject to KreativTouch’s published pricing at the time of the orders’ placement.
10. Model Release: Client agrees that KreativTouch may use media of Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents. Client’s guests at the Event shall be deemed to have consented to the use of their name, media, or likeness by Client or KreativTouch for the duration of the Event, and Client shall indemnify and defend KreativTouch from and against any claims that any of Client’s guests may assert against KreativTouch arising from, or related to, the use of any name, image, or likeness of Client’s guests by KreativTouch.
11. Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. KreativTouch will not be held accountable for not capturing desired shots if there is no one to assist in identifying people or gathering during the event. KreativTouch is not responsible if key individuals fail to appear or cooperate during Event or for missed footage due to details not revealed to KreativTouch beforehand.
12. Jurisdiction: The state and federal courts serving Gwinnett County, Georgia shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties hereto 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 there under, shall be entitled to recover reasonable attorney’s fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.
14. Assignment: This Agreement may not be assigned.
15. Entire Agreement: This agreement contains the entire understanding between KreativTouch and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have the waiver in writing.
16. LIMITATION OF LIABILITY: KREATIVTOUCH'S ENTIRE 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 BE KREATIVTOUCH BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS KREATIVTOUCH OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES. KreativTouch takes the utmost care with respect to exposure, transportation, and processing the media. However, in the unlikely event that media have been lost, stolen, or destroyed for reasons within or beyond KreativTouch’s control, KreativTouch’s liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the media lost based on the percentage of total number of originals.
17. Weather Policy: In the event of weather conditions that are out of our control: If the Client has been contacted and advised to reschedule due to KreativTouch’s concerns about weather, and the Client still proceeds with the session and it rains, limiting the time and or photos that were able to be taken, the Client will be charged for an additional session at the KreativTouch’s hourly rate to reschedule. Due to equipment, it is up to the KreativTouch’s discretion if bad weather persists to cancel the session, during the Event. If the Client has been contacted and advised to reschedule due to KreativTouch’s concerns about weather, and the Client decides to go ahead and reschedule, the Client will not be charged to do so. The Client will then be put on first alert for their session and able to have their session even on non-session days.
18. Props: The Client is responsible for bringing any of their own personal props that they would like. In the event that the client has forgot a prop for the event and wants images with that prop, the client will be charged for an additional session at KreativTouch’s hourly rate to reschedule the event. KreativTouch will bring any of it's props that have been requested in advance by client.
19. Appearance: In the event that the Client would like additional coverage due to appearance out of our control (hair/makeup, etc.) in the previous event, the Client will be charged for an additional coverage at KreativTouch’s hourly rate to reschedule the event.
20. Locations: If you have more than one location for your event, the travel time going from destination 1 to destination 2 and so forth does count towards the total amount of the session time.
21. Location Access and Fees: If the Client event location charges usage fees for access, the Client will be responsible to cover fees and all parking. They are also responsible for organizing the access and any permits related to doing so.
22. Outfits: Although there are no additional fees for additional outfits, the amount of time it takes to change into those outfits does count towards the total amount of contracted time.
23. Tardiness: In the event that the Client is late to the appointment set, the client’s session will still be for the same scheduled ending time.
