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This Photography Event Agreement is between me/us (“Client”), and BREIGHTON AND BASETTE PHOTOGRAPHY (“Photographers”). The Client desires to hire the Photographers to capture and electronically deliver a select set of photographic images (“Service”), of the following subjects:

If not specified above, the time(s) and location(s) of the Assignment will be mutually agreed upon by the Client and by the Photographers in a manner that is both satisfactory to the Client and that the Photographers believe will most accurately produce the Photographers’ artistic vision.

PRICE: The cost of this Service is HOURLY.

By typing my name below, I certify that I agree to the above terms:

PAYMENT.

The Client agrees to pay the price listed above in one of the following manners: SINGLE INSTALLMENT - FULL PAYMENT, due at the signing of this Agreement, half of which is non-refundable deposit, OR DUAL INSTALLMENT - PARTIAL PAYMENT, paid in two equal halves, the first of which is a non-refundable deposit due at the signing of this Agreement, and the second of which is a balance due 14 days prior to the Assignment, OR HOURLY FEE, paid at a rate of $290.00 per hour, with a non-refundable deposit of $870.00 due at the signing of this Agreement and deducted from the subsequent billing statement.

DUTIES & REPRESENTATIONS OF THE CLIENT.

1. PAYMENT: This Agreement is executed when, with the knowledge of the Photographers, it is signed and the deposit has been paid to the Photographers. Service is provided following full payment. 2. AUTHORITY: The person(s) executing this Agreement on behalf of the Client represents that he/she is at least 18 years of age, has legal authority to enter into this Agreement as a representative of the Client, and that if any subject(s) of the Assignment is a minor person(s), the Client will deliver to the Photographers, any necessary Parental/Guardian waiver relating to that minor person(s), prior to the start of the Assignment. 3. INDEMNITY: The Client agrees to indemnify and defend the Photographers regarding any dispute arising from property damage, injury or harm that occurs as a result of the Client’s actions. 4. COOPERATION: The Client shall use its best efforts to satisfy the terms in this Agreement, including, but not limited to: (1) providing accurate information regarding the nature of the subject(s) and/or the Assignment, and (2) promptly notifying the Photographers of any changes that may impact the Photographers ability to perform under this Agreement. 5. ACKNOWLEDGEMENT: The Client understands and accepts the highly subjective nature inherent in the artistry of photography, and having seen previous photographs taken by the Photographers, the Client accepts to being subject to the artistic discretion of the Photographers. 6. CONDITIONS TO THE PHOTOGRAPHERS' OBLIGATIONS: The Client understands and accepts this Agreement, and that the Photographers’ obligation to perform under this Agreement is subject to the satisfaction of the duties and representations of the Client, including, but not limited to, the Client’s payment of the total sum. By typing my name below, I certify that I agree to the above terms:

DUTIES & REPRESENTATIONS OF THE PHOTOGRAPHERS.

1. PROVISION OF SERVICES: The Photographers shall use their best efforts to satisfy the terms in this Agreement, including, but not limited to: (1) rendering services within a reasonable period of time, and (2) imposing no time limitation on what the Photographers believe is necessary to photograph the Assignment. 2. ADVERSE AGREEMENTS: The Photographers are not a party to, or subject to, any other agreement that has a materially adverse affect on their ability to perform under this Agreement. 3. COPYRIGHT & STORAGE: The Photographers will maintain storage and possession of the digital negatives produced by the Photographers under this Agreement for a period of three (3) years. During that storage period, the Client may request additional copies of the photographs from the Assignment for a fee to be decided upon at the time of request. 4. TRADE SECRETS: Upon reasonable written request from the Client, the Photographers shall maintain secrecy, where appropriate and within the bounds of federal and local laws, in regards to any of the Client’s trade secrets and/or confidential business information, that the photographers may learn of during the fulfillment of this Agreement. 5. CONDITIONS TO THE CLIENTS' OBLIGATIONS: The Photographers understand and accept that the Client’s obligation to perform under this Agreement is subject to the satisfaction of the duties and representations of the Photographers, including, but not limited to, the Photographers’ provision of the services selected. By typing my name below, I certify that I agree to the above terms:

USAGE & COPYRIGHT.

1. Copyright: It is with a mutual understanding of a photographer’s automatic copyright protection under Title 17 of the United States Code, that the Client and the Photographers agree to one of the following two terms, hereby referred to as the “Selectable Terms” (only one may be selected): a. Photographers Maintain Copyright. If selected, the terms within this portion of the Agreement hold that the Photographers shall maintain full copyright, and the full usage of any likeness thereof, regarding all images produced by the Photographers under this Agreement, and that the Photographers hereby grant, to the Client, a license to use the images delivered to the Client under this Agreement. b. Client Purchases Copyright. If selected, the terms within this portion of the Agreement hold that the Photographers hereby transfer to the Client, full copyright regarding all images produced by the Photographers under this Agreement, and that the Client hereby contemporaneously grants, to the Photographers, a license to use, re-use, display, copy, reproduce and disseminate any and all images and likenesses delivered to the Client under this Agreement for the Photographer’s own advertising, promotional and business purposes.

2. Single Selection: Under Section D(1) of this Agreement, only one of the two Selectable Terms shall be selected and legally binding under this Agreement. 3. Default Selection: If, for any reason, this Agreement is executed with two of the Selectable Terms selected or none of the Selectable Terms selected, then Selectable Term D(1)(a) shall operate as the legally binding default selection and the license granted to the Client shall be for personal and private use only.

TERMINATION.

MUTUAL AGREEMENT. If both the Client and the Photographers mutually agree to terminate this Agreement, then this Agreement will be terminated. ACTS OF GOD. If the Assignment is cancelled indefinitely due to an Act of God, then this Agreement will be terminated, and any remaining balance will no longer be due. TERMINATION BY THE CLIENT. If the purpose of this Agreement is not realized because of a breach by the Client, through either action and/or failure of action on the part of the Client, then the Photographers may, at their own discretion, require full payment of the total sum under this Agreement. TERMINATION BY THE PHOTOGRAPHERS. If the purpose of this Agreement is not realized because of a breach by the Photographers, through either action and/or failure of action on the part of the Photographers, then the Photographers shall return to the Client any refundable monies paid by the Client to the Photographers under this Agreement. By typing my name below, I certify that I agree to the above terms:

MISCELLANEOUS.

MERGER. This Agreement embodies the entire agreement and understanding of the Client and the Photographers, with the strict exception of any releases, waivers and privacy agreements, which refer specifically to the Event and to this Agreement and are attached as amendments hereto. ARBITRATION & CHOICE OF LAW. This Agreement, and any legal action arising from it, shall be resolved through arbitration, and will fall within the jurisdiction and laws of the State of Ohio. NOVATION. All contractual duties and benefits of the Photographers, which exist under this Agreement, will transfer to BREIGHTON AND BASETTE PHOTOGRAPHY, LLC upon the conclusion of its formation as a Limited Liability Corporation within the State of Ohio. RESTRICTIONS & LEGALITY. This Agreement is subject to applicable limitations imposed by the physical environment, private property restrictions and governmental laws. RELEASE COMMERCIAL USAGE. Absent a written privacy agreement between the Client and the Photographers, any images and likenesses captured by the Photographers under this Agreement may be used by the Photographers, their agents, representatives and assignees, for any commercial purpose. By typing my name below, I certify that I agree to these terms:

Breighton & Basette Photography | Commercial Agreement