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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 event to be held on the following date:

PRICE: The cost of this Service is $375.00

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 installment methods: SINGLE INSTALLMENT - FULL PAYMENT, due at the signing of this Agreement, half of which is non-refundable. 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 7 days prior to the event.

DUTIES & REPRESENTATIONS OF THE CLIENT.

PAYMENT. This Agreement is executed when, with the knowledge of the Photographers, it is signed and the deposit is paid. Service is provided following full payment. AUTHORITY. The Client represents that he/she is at least 18 years of age, has legal authority to enter into this agreement, and that if any minors are present during the Event, the Client will deliver to the Photographers, any necessary Parental/Guardian waiver prior to the start of the Event. 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 Event. COOPERATION. The Client shall use his/her 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 Event, and (2) promptly notifying the Photographers of any changes that may impact the Photographers ability to perform under this Agreement. 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. By typing my name below, I certify that I agree to the above terms:

DUTIES & REPRESENTATIONS OF THE PHOTOGRAPHERS.

PROVISION OF SERVICES. The Photographers shall use their best efforts to satisfy the terms in this Agreement, including, but not limited to: (1) reserving the availability of their Services for the Event upon receipt of the non-refundable portion of the Payment, and (2) imposing no time limitation on what the Photographers believe is necessary to photograph the Event. ADVERSE AGREEMENTS. The Photographers are not a party to, or subject to, any other agreement that has a materially adverse effect on their ability to perform under this Agreement. SUBSTITUTION. If the Photographers anticipate that they will be unable to perform under this Agreement, the Photographers will arrange for a replacement photographer at no extra cost to the client. COPYRIGHT & STORAGE. The Photographers will maintain their copyright in all photos captured under this Agreement, in accordance with Title 17 of the United States Code, but shall grant a license to the Client to utilize and make copies for personal use of the images delivered to the Client under this Agreement. The Photographers will also 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 Event for a fee to be decided upon at the time of request. By typing my name below, I certify that I agree to the above terms:

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 Event 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:

Individual Portrait Session Agreement | Breighton & Basette Photography