Definition of Client/Clients *
The person/persons whose signature/signatures appear on this contract shall be the one/ones to whom Jordan Ruiz Photography delivers its products, and shall be financially responsible of all payments to be made under this contract. This contract incorporates the entire understanding of the parties and any modifications to it must be in writing and signed by both Jordan Ruiz Photography and by the client/clients.
Exclusive Photographer *
It is agreed upon that Jordan Ruiz Photography will be the exclusive commercial photographer providing still prints for or at this event. Others may take photographs or video as long as they do not interfere with the duties of Jordan Ruiz Photography and do not photograph or record poses arranged by Jordan Ruiz Photography. It is agreed that interference for others, paid or unpaid, who attempt to photograph or record the same poses or scenes during the same time period as Jordan Ruiz Photography may detract from the quality of Jordan Ruiz Photography’s images, and may cause Jordan Ruiz Photography to cease work until such interference ends. Jordan Ruiz Photography will not be responsible for time or images missed as a result of such interference.
Copyright and Reproduction *
It is agreed that Jordan Ruiz Photography shall own the copyright to all images created through this contract. Jordan Ruiz Photography shall have exclusive right to make reproduction for the client/clients or for the photographers portfolios, samples, self-promotions, entry into photographic contests or art exhibitions, editorial use or display within or outside of the photographers studio, including the internet. The client agrees to purchase all prints and or images directly from Jordan Ruiz Photography. The client will not copy or reproduce the images in any way without Jordan Ruiz Photography’s express written permission. Unauthorized copying or use of the studios images is an infringement of Federal Copyright Law and a violation of this contract. Unless specifically stated, this contract does not provide the client/clients with any ownership rights to use negatives or digital image files created under this contract.
These prices shall be in effect for a period of sixty days after the date of the event. For any additional item, or for contracted items not fully specified or ordered by the client/clients until after the six month date (“Late orders”), prices shall be those in Jordan Ruiz Photography’s regular price list in effect at the time any such additional or late order is made.
Jordan Ruiz Photography may substitute photographers in the event of a photographers illness or incapacity. In the event of such substitution, the studio warrants that the photographer taking the photographs shall be a competent professional. Jordan Ruiz Photography may utilize one or more assistants at the event, and such assistant/assistants may also take photographs under the supervision of a principle photographer.
Studio Liability and performance *
Jordan Ruiz Photography takes great care with respect to the exposure, processing, and delivery of photographs. In the event Jordan Ruiz Photography cannot comply with the terms of this contract due to negligence, oversight, accident, error, omission, any other avoidable or unavoidable circumstance, whether caused by Jordan Ruiz Photography or otherwise, Jordan Ruiz Photography and or photographers liability for this or any other circumstance shall be limited to the amount paid up to that time by the client/clients. Jordan Ruiz Photography does not guarantee to capture any particular image/images or meet any particular aesthetic criteria as part of its performance under this contract. In addition, failure by client/clients to make any payment as when agreed shall release Jordan Ruiz Photography from any responsibilities under this contract, without the responsibility to return any monies previously paid to it under this contract. To the extent provided by law, Client/Clients hold harmless Jordan Ruiz Photography and employees from all liability, damage, cost or expense arising from claims for injury to persons, damage to property occasioned by reason of any conduct undertaken by reason of this contract (the hold harmless will not apply to the extent an injury is caused by the gross negligence of or the willful misconduct of Jordan Ruiz Photography, its officer, agents, or employees). In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Jordan Ruiz Photography’s control, including but not limited to camera, hard drive, or equipment malfunction, Jordan Ruiz Photography’s liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Jordan Ruiz Photography is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
Capture and delivery *
Jordan Ruiz Photography is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of Jordan Ruiz Photography .
Post production and editing *
The final post production and editing styles, effects, and overall look of the images are left to the discretion of Jordan Ruiz Photography.
Jordan Ruiz Photography reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from Jordan Ruiz Photography experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the Jordan Ruiz Photography is in question.
Shooting time *
Additions | The CLIENT and the Jordan Ruiz Photography agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
Inherent Qualities *
The client/clients understand that photographs fade or discolor over time due to inherent qualities of dyes, inks, materials and agrees to release Jordan Ruiz Photography and photographers from any liability for any claims based upon such fading or discoloration. Prints made at different times, from different cameras or from digital media vs. Film, are expected to have variations from each other in color balance and finish. Proof images may bear watermarks indicating they are proofs and showing the studios name and copyright information. All print sizes are normal sizes, not exact measure.
Retainer Payments *
Once Jordan Ruiz Photography reserves a date/time for its client/clients it ceases attempting to sell its services for this date/time to others. If the event is cancelled or postponed, Jordan Ruiz Photography suffers a loss. Therefore, the deposit made by client/clients are non refundable under any circumstances. If the event is postponed to a future date Jordan Ruiz Photography will apply the deposit to the future date as long as the future date is available to Jordan Ruiz Photography and is within 6 months of the original date. Deposit in the amount of 30% of the contracted amount is due upon contract signing. Remainder of funds owed must be paid within 30 days prior to the event start date.
Governing Law *
The studio and client/clients agree the laws of the state of California shall govern the validity, construction, and performance of this agreement, without regard to its conflict of law principles. Any actions relating to this Agreement shall be brought in the state or federal courts located in and serving Sacramento, CA.
Client/Clients and the studio agree that signatures by facsimile transmission or electronic scan are acceptable and shall have the same force and effects as if an original signature.
Construction and Severability *
Wherever possible, each provision of this Agreement shall be interpreted so that it is valid under applicable law. If any provision of this Agreement is held illegal or unenforceable, that provision will be reformed only to the extent necessary to make the provision legal and enforceable; all remaining provisions continue in full force and effect.
Wedding Book *
If a Wedding Book is purchased from Jordan Ruiz Photography there will be time restrictions in place in order to produce the Wedding Book in a timely manner. Client/clients will be given 14 days from the date of image posting to select the agreed upon amount of images that will be used as part of their Wedding Book. Failure to select the images for the Wedding Book by the end of the 14th day will result in the client/clients forfeiting their right to the selection of the images for their Wedding Book. The selection of the images for the wedding book will then be at the discretion of Jordan Ruiz Photography.
Thank you for submitting your contract to Jordan Ruiz Photography!