Stu Stu Studio Photography

Photography Contract
Photographer: Stu Stu Studio Photography
Address: 704 Raymond Drive, Lewiston, NY 14092

1. A Summary of the Agreement

The photographer is responsible for providing for the client a photographic service and products as detailed in section 2
(‘coverage’). The client undertakes to engage the photographer for this coverage for the price as detailed in section 3.

2. The Coverage

Coverage of the Event will be provided by the photographer as follows:

3. Service

Terms and Conditions

This agreement constitutes an order for services, items, and materials as specified under "Photography services". There are
no oral or other agreements of the Parties hereto and this Agreement constitutes full and complete understanding and
agreement between the client and Stu Stu Studio Photography.
Stu Stu Studio Photography agrees to provide photography services at the times and requested locations specified under
"Date, Location, and Time". Payment is due prior to the time of the portrait session.
Stu Stu Studio will be the exclusive photographer during the portrait session. No other photography is allowed.
Stu Stu Studio Photography welcomes the Client to express their preferences with regard to the portrait photography.
However, the Client agrees to let Stu Stu Studio Photography choose the best photographic methods and abide by their
decision.
It is understood that Stu Stu Studio will not deliver every exposure taken. The Client agrees to abide by final editing
decisions.
*The image files will be ready within 20 business days after the portrait session. Archiving the image files is the Client's
responsibility.

Copyright

All images and copyrights are the property of Stu Stu Studio Photography.
Stu Stu Studio Photography retains the right to sell, copy, display, and/or publish any/all images created under this
agreement, to the general public, for any reason, including but not limited to:
advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could
include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums.
The Client has permission to reproduce images from this portrait session with the purchase of printing rights. The Client
agrees to limit the use of the photographs for family and friends only. Using any photos for business or monetary gain will be
considered copyright infringement. The Client must obtain written permission from Stu Stu Studio Photography prior to the
Client or their friends and family publishing or selling the photographs.

Image Size, Color, Style and Composition

All image sizes are approximate. The photographer will provide a pleasing color balance but cannot guarantee exact color
matching. It is sometimes not possible to record in print the exact color as seen by the human eye. There is no right to reject
on the basis of style or composition.

Attendance

In the unlikely event that the photographer is unable to complete the coverage due to unforeseen circumstances, the
photographer reserves the right to appoint another photographer to attend on his/her behalf to undertake the photography.

Indemnity

The photographer agrees to indemnify the client against all expenses, damages, claims, and legal costs arising out of any
failure by the photographer to obtain any clearances for which he was responsible in respect of third party copyright works,
trademarks, designs, or other intellectual property. The photographer shall only be responsible for obtaining such clearances
if this has been expressly agreed before the day of the wedding. In all other cases, the client shall be responsible for
obtaining such clearances and will indemnify the photographer against all expenses, damages, claims, and legal costs
arising out of any failure to obtain such clearances.

Limitation of Liability

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other
circumstances, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be
liable for indirect or consequential loss.

Force Majeure and Safe Environment

x.1 If Photographer cannot perform or believes it may not be able to perform this Agreement in whole or in part due to a fire,
natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any
governmental authority (including a Government Order as defined in Section 7.3), national or regional emergency, other
casualty, act of God, or other cause beyond the control of the parties or due to Photographer’s illness or injury, whether or not
foreseeable (“Force Majeure Event”), then Photographer will give notice to the Client as soon as reasonably practicable after
Photographer determines that a Force Majeure Event will or may prevent Photographer from performing under this
Agreement. Photographer shall have no obligation to perform under this Agreement and no liability for delays or failures to
perform due to a Force Majeure Event, but Photographer may, in Photographer’s discretion, work with the Client to find an
alternative date for the Event that is suitable to both Client and Photographer. To the extent the Parties cannot agree on a
suitable replacement date consistent with Photographer’s availability, Photographer may also, in its sole discretion, refund
fees paid to Photographer under the Agreement, less any amounts necessary to cover expenses and work (based on time
spent by Photographer) already performed by Photographer related to the Event, including, but not limited to, pre-wedding
communications, development of timelines, and preparation of gear for the Event (the “Refund Amount”). In the case of a
Force Majeure Event, Photographer shall have no additional liability to Client with respect to this Agreement beyond that
described in this Section and below.
x.2 In the case of a Force Majeure Event that impacts the Photographer individually, but does not otherwise impact the
Event, including, but not limited to, illness or injury to Photographer, Photographer shall make reasonable efforts to suggest a
replacement photographer for the Event. Should Client not accept a replacement photographer selected by Photographer to
perform Photographer’s obligations under the Agreement, Photographer shall refund the Refund Amount and shall have no
further obligation to perform under the Agreement.
x.3 Client understands that Photographer works to maintain a safe work environment, including but not limited to, complying
with applicable governmental laws, directives, orders, and regulations (each a “Governmental Order”). Client further
understands and agrees that Photographer shall not be required to perform under this Agreement if the Event is held in
violation of a Governmental Order or Photographer’s participation in the Event would violate a Governmental Order. Client
also understands and agrees that Photographer is not obligated to continue to perform under this Agreement if
Photographer’s personal safety or well-being has been or will be comprised or threatened at the Event, including, but not
limited to, as a result of the condition of the venue for the Event, or the conduct of an attendee of the Event.

Signature of Photographer

Signature of Client

*Electronic Signatures Agreement

Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement, are
intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this
Agreement or any other document contemplated hereby bearing an original or electronic signature by facsimile transmission
(whether directly from one facsimile device to another by means of a dial-up connection or whether mediated by the world
wide web), by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to
preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the
paper document bearing an original or electronic signature.