By typing my name here I agree to the terms of this service agreement
ABIGAIL BERGE SERVICES AGREEMENT
I am pleased that you have selected Abbie Berge, dba “Abigail Berge Photography” (hereafter “Abigail Berge Photography”) for your photography services. This contract sets forth the terms and conditions of our agreement.
TERMS AND CONDITIONS
SERVICES TO BE PROVIDED: Client has selected the services to be provided in Package____, from the service packages attached hereto as Exhibit A and incorporated herein by reference. In connection therewith, Client has completed the Booking Form attached hereto as Exhibit B and incorporated herein by reference.
DEPOSIT AND PAYMENT: To reserve the chosen date and time of services, a non-refundable retainer in the amount of $800 is due upon signing this agreement. No date is reserved until the agreement and retainer are received. The retainer will be applied to the package/service fee. The balance due for the photography services must be paid in full 30 days before the event date. Failure to do so may result in the termination of this agreement with no further obligation on the part of "Abigail Berge Photography" which shall have the right to retain any monies already paid, and not attend this event. Returned checks are subject to a $20 non-sufficient funds fee.
ADDITIONAL FEES: All overtime and travel fees will be charged according to the rates set forth on Exhibit A. All additional fees must be paid in full before any photos or products are released to the Client.
CANCELLATION: If Client cancels within 4 months of the event date, Client shall be required to pay the full balance due as scheduled. Cancellation must be made in writing and signed by the contracted party. If agreement is cancelled by "Abigail Berge Photography" prior to the event date, the retainer will be refunded to Client. If Client cancels the agreement, the retainer will be kept by “Abigail Berge Photography".
RESCHEDULING: In the event that Client needs to reschedule the date, pricing and availability to provide the services for the second event date will be reviewed. Client will receive credit for all monies already paid if the second event date occurs within one year of previously booked date. A new contract shall be required. The new package/service fee will reflect pricing in effect on the most recently published price list. “Abigail Berge Photography” makes no guarantee that it will be able to provide services for any rescheduled date.
PRE-WEDDING CONSULTATION: The parties agree to a pre-wedding consultation which shall take place approximately 4 weeks prior to the event date in order to outline broadly what is required, photography times and logistics.
EXCLUSIVITY: In the spirit of cheerful cooperation, unless there is a prior written consent, “Abigail Berge Photography” shall be the sole and exclusive commercial photographer retained for the purpose of photographing the wedding.
COVERAGE: “Abigail Berge Photography” will provide coverage for the dates, locations and continuous hours specified in this Agreement. Although the best effort will be made to take requested pictures, the circumstances and conditions of each event vary, therefore "Abigail Berge Photography" cannot guarantee that all requested photographs or poses will be taken. Any lists supplied will be used for organizational purposes only.
LIMIT OF LIABILITY: In the unlikely event that “Abigail Berge Photography” cannot perform this Agreement due to any act of God, a casualty, weather event, or other act or event that is outside of “Abigail Berge Photography” exclusive control, or due to the Photographer’s illness, “Abigail Berge Photography” will make every effort to secure a replacement photographer. In the event of such replacement, “Abigail Berge Photography” warrants that the photographer taking the photographs shall be a competent professional. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received. This limitation on liability shall also apply in the event that photographic materials are damaged, lost through camera or computer malfunction, or otherwise lost or damaged without fault on the part of “Abigail Berge Photography”. In the event “Abigail Berge Photography” fails to perform for any reason, “Abigail Berge Photography” shall not be liable for any claim, loss, damage or injury arising out of or relating to this agreement or the performance hereunder in any amount in excess of the retail value of the Client’s order.
PERMISSIONS: It is the Client’s responsibility to arrange the access to and receive permission to use various locations for photography, including the wedding and reception locations and any other locations used during the event.
OFFICIANT AND VENUE RESTRICTIONS: Note that “Abigail Berge Photography” may be limited by the guidelines or rules imposed by the ceremony official or venue management. Client understands and agrees that “Abigail Berge Photography” will abide by such guidelines or rules and that they are outside the control of “Abigail Berge Photography”.
COPYRIGHT AND REPRODUCTIONS: The photographs produced by “Abigail Berge Photography” are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Abigail Berge’s / “Abigail Berge Photography” written permission. As the author of all images made under this agreement, Abigail Berge / "Abigail Berge Photography’s", retains full copyright to all images and reserves the right to use and publish any images taken at the session for the promotion of its business and services including, but not limited to: samples, website, blog, internal or external promotional materials, entry in photographic contests or art exhibitions, editorial use, or for studio display. Any other reproduction, display, distribution and/or use of the images for advertising or commercial use shall be allowed only upon “Abigail Berge Photography’s” written permission specifying usage and fees. Client grants “Abigail Berge Photography” unrestricted rights to the images and Client hereby releases "Abigail Berge Photography" and its legal representatives, heirs and assigns from all liability and claims in connection with the images. However, in the event photos from Client's session are requested for use in publications such as magazines or periodicals, Client will be requested for a model release. Client has permission to make unlimited copies and reprints of all images from the online gallery of high-resolution digital images provided for personal, non-commercial use.
CREATIVE LICENSE: Images are edited at “Abigail Berge Photography’s” sole discretion. “Abigail Berge Photography” reserves the right to use professional judgment to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
Client will not receive any unedited images, and any requests for them will be denied.
PROOFING: The online gallery of high-resolution images and the printer’s release will be digitally delivered within 6 weeks of the event date. All ordered images and products will be delivered to Client unless otherwise stated. Although "Abigail Berge Photography" archives every collection of Client images, “Abigail Berge Photography” will only be responsible for the hosting and maintenance of the online gallery for 1 year from the event date. After 1 year from the event date, “Abigail Berge Photography” will remove the online gallery from the internet.
This Agreement incorporates the entire understanding between “Abigail Berge Photography” and the Client. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Minnesota.
Both parties have read, understood this agreement, and agree to all its terms.