Uncompromised Quality Photography
By Photographer Dan Harris
A home-studio photography business in Jacksonville, FL
1124 Riviera St. Jacksonville, FL 32207 (904) 398-7668
This Client agreement including the following terms and conditions is a Contract for products and services provided by Dan Harris PhotoArt, LLC, a Florida Corporation and applies to all services and products (packages) incorporated herein whether typed or handwritten. Dan Harris PhotoArt, LLC should be notified immediately of any changes in scheduling or location. It is the Clients responsibility to confirm all arrangements 14 days prior to the date of the event and to notify Dan Harris PhotoArt, LLC of any change of address or contact information as listed on this contract. Please do not assume that an e-mail was received without a return response.
Fifty percent of the service and packaged products purchased is due within 6 months of the event as a partial reservation fee. If 50% is not paid by the end of the 6th month before the event, the reservation will be forfeited and the date will be made available to other interested parties. $1,000.00 of this reservation fee is due upon execution of this contract and will reserve the date and time specified. The total package price (including all products and services) must be paid 30 days prior to the event or all package incentives and/or discounts will be null and void. Additional custom items ordered after the event must be paid-in-full at the time of order placement. Additional hours (or portion thereof) beyond the time contracted in the package will be billed at the contracted hourly rate. Title (possession) of all products shall remain with the studio until paid-in-full. In the unlikely event of any dispute all production and services will be put on hold and no products will be delivered until such time as the dispute is resolved. Please be aware that due to the timely nature of our resource scheduling commitments coupled with our generous payment programs, we have a very aggressive payment and collection policy. (Final notice is at 30-days past due and collections begin at 60-days).
All photos are copyrighted by Dan Harris PhotoArt, LLC. In the event Dan Harris PhotoArt, LLC offers to sell you the negatives and/or hi-resolution digital files or digital print files (including a written print release) you agree that these originals are for your personal use only (unrestricted for both personal print and web applications, but you can't sell or make money from them, including selling reprints, without paying additional compensation) and that the photographer retains the full copyright for commercial uses. We can only promise to store the original negatives and digital print files from your event for a minimum of 12 months after your event and cannot guarantee any additional storage time thereafter because we are physically running out of storage space. When you place a print order we will store that digital print file in our fireproof safe for a minimum of 5 years at the size and resolution of that print order. We will store the album digital print files indefinately in our fireproof safe in case an album needed to be reprinted or replaced. Digital print files from events or photo sessions are only offered for purchase at our discretion (after minimum purchase requirements have been met) and may not be purchased with pre-paid package credits. If we do not hear from you or you choose not to purchase your original negatives or digital print files they will eventually be discarded.
NOTICE OF COPYRIGHT: It is ILLEGAL to copy, scan or reproduce these photographs elsewhere without a written release, and violators of this federal law will be subject to its civil and criminal penalties. Dan Harris PhotoArt, LLC shall have no responsibility for fire or theft or other casualty or liability for failure to supply any product or service when prevented from so doing by acts of God, strikes, labor disputes, death, accidents, illness or emergency, equipment malfunction or any cause beyond the photographer's reasonable control. In the event of an unforeseen emergency Dan Harris PhotoArt, LLC will make every effort to provide a replacement photographer.
Dan Harris personally is not contractually obligated to be in attendance at any event with a contracted prepaid amount of less than $3,600 or any event priced specifically for The Assistants of Dan Harris PhotoArt but may send one or more of his qualified assistants to photograph at the event. Dan will oversee all post-production services including: processing, image editing, retouching, reprinting, album design, layout and assembly. Some products availability may be limited until such time as certain conditions are met. (i.e.: small albums, mini albums or duplicate parent albums cannot be delivered until the original large or medium album is complete.)
Dan Harris PhotoArt, LLC takes the utmost care with respect to the exposure, development, storage and delivery of photographs and will make every reasonable effort to satisfy the client and reserves the right to refuse service to anyone for any reason and terminate their contract by returning any unused monies. Grounds for immediate termination include, but are not limited to: hazardous conditions, threats, excessive rudeness, abusiveness, slander and libelous statements, late payments, missing paperwork, a contract without a signature, lack of cooperation, contract violation and non-responsiveness. In the event of failure for any reason to comply with the terms of this contract, liability of Dan Harris PhotoArt, LLC is limited to the refund of monies paid in the contracted amount. All parties to this contract hereby agree that said refund shall terminate any further liability to this agreement and that the amount of liability cannot exceed the amount of this Contract.
Dan Harris PhotoArt, LLC warrantees all their products for a period of 90-days from delivery and will fix or replace any items found defective. The customer must first notify and get return authorization from Dan Harris PhotoArt, LLC prior to returning any item. Repair or replacement of any returned item will be at the sole discretion of Dan Harris PhotoArt, LLC. Our quality control standards dictate that no replacement or repair work will begin, under any circumstance, until the returned item has been received. We offer a limited number of finishes with each product purchased based on years of longevity testing and quality assurance. We are unable to offer untested alternative or inferior product finishes as a part of our product guarantees. If the client gets a return authorization but never returns the item it is hereby acknowledged that the client changed their mind and decided to accept the item in its current state as completely satisfactory. The act of filing a complaint or requesting a return authorization in no way extends the 90-day warrantee period.
We do not put time limits on album or reprint ordering but contracted pricing can only be guaranteed for 120-days after your event and orders received thereafter will be subject to any increase of prevailing prices. Upon notification, the undersigned must arrange for pick-up or delivery of completed orders (at your own expense) within a reasonable time period, not to exceed 30 days. The studio is not responsible for any damage that may be incurred while ordered products are in storage after the 30-day period. The terms of this agreement are valid for six (6) months (180 days) after the date of the event. If no correspondence is received from the Client by that date or any future 180 day period, this agreement will be considered completed in full. Product credits must be used within one year of the event date.
Upon default of any payment, package discounts and any incentives will be void, late fees and interest charges (1.5% per month- 18% per year) will be assessed ($25 returned check charge) and the Client will assume responsibility for any and all collection costs and legal fees incurred. Venue of all legal action shall take place in Duval County, Florida. Dan Harris PhotoArt, LLC shall be the exclusive professional photographers retained to perform contracted photographic services at the event. Paparazzi will not be allowed at the private event and guest photography will be restricted at the ceremony and during any private group photo sessions. Offending photographers will be required to return to their seats or vacate the premises.
The undersigned acknowledge that they have received, read and understand Dan Harris PhotoArt's current price list as attached and noted at (www.danharrisphotoart.com/Prices.html), which is incorporated herein. Dan Harris PhotoArt, LLC maintains business liability insurance to protect the client from claims by the property owner for any accidental damage the photography staff may cause. Certificate of insurance is available upon request.
Dan Harris PhotoArt, LLC cannot be held responsible for damage to garments in environmental events. The Client is responsible to arrange personal assistance for wedding garments. Although diligent effort is made to avoid environmental problems, extensive customer-requested digital alterations may be available at the client's expense. Standard retouching includes skin enhancement and minor facial blemish removal and other minor enhancements deemed necissary by the staff of Dan Harris PhotoArt, LLC. Extensive re-touching is additional and may include, but is not limited to, correcting; major hair or make-up problems, removing environmental effects, adjusting clothing, removing reflections in glass, opening closed eyes, removal or insertion of people,/family members,/staff personnel,/fixtures, etc.
Although diligent effort is made to avoid future problems, and current testing has shown the materials we use to be archival, the Client acknowledges that dyes and inks used in photographic materials may fade or discolor over time due to the inherent qualities of the dyes, inks and other manufacturing processes outside the control of Dan Harris PhotoArt, LLC, and the Client releases Dan Harris PhotoArt, LLC from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Claims for reprints and/or repairs of damaged goods will be determined on a case-by-case basis and even if the cause of the problem is determined to be customer caused, the replacement cost will never be more than 50% of the current retail prices.
Although diligent effort is made to insure the safe keeping of client images including; multiple back-ups on multiple devices, RAID, fireproof and off-site storage, the Client acknowledges that computer hard drives, and other image storage media may fail over time due to handling, storage, manufacturing processes and other inherent qualities outside the control of Dan Harris PhotoArt, LLC and Client releases Dan Harris PhotoArt, LLC from any liability for any claims whatsoever based upon storage media failure or computer malfunctions due to such inherent qualities.
Due to the limited and subjective nature of the event, Dan Harris PhotoArt, LLC cannot be held responsible for requested photographs not taken or missed or lack of coverage resulting from weather conditions or schedule complications caused by, but not limited to, anyone in or at the event, or by church/synagogue/location restrictions. It is hereby acknowledged that any lists submitted are suggestions for the photographers consideration and will be used for organizational purposes only and in no way represents photographs that will actually be produced. Any documentation other than this contract such as, but not limited to, correspondence, conversation notes, e-mails and lists are not contractually binding. Please be aware that 'Table shots' and 'smiley group shots' of each guest are not standard pictures we normally take and are only taken by special request on a limited bases and must be planned in advance and directed by your designated coordinator (someone other than Dan Harris PhotoArt, LLC staff personnel).
The Client will be responsible for any location fees, permit fees or venue fees (if required). The Client gives Dan Harris PhotoArt, LLC irrevocable rights to use the images, negatives and prints from their event for samples, displays, publication, internet websites, advertising, illustration, commercial art, exhibitions, contests and other purposes without compensation. The Client will hold Dan Harris PhotoArt, LLC harmless for any actions resulting from the use of photographs of people in attendance at their event. Dan Harris PhotoArt, LLC will honor any guests request on a case-by-case basis in regards to the use of any of their images and will seek specific permission, including compensation, if an image is chosen for a commercially compensated project.
Upon signature, Dan Harris PhotoArt, LLC shall reserve the time and date agreed upon, and will not make other reservations for that specific time and date and will purchase custom materials for the production of the packaged products. For this reason fees paid up until the date of cancellation are non-refundable, even if the date of the event is changed or the event is cancelled for any reason. In the event of a postponement or cancellation when the studio is able to fully replace the cancelled reservation with an event of equal or greater value, a portion of the fees paid prior to the date of cancellation may be applied to future photographic services, subject to date availability, at the studio's discretion.
Dan Harris PhotoArt, LLC will make every effort to accommodate any reasonable requests. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This agreement incorporates the entire understanding of the parties. Any modifications of this agreement must be in writing and signed by both parties. The terms of this agreement have been read and are accepted by:
Client/Contracting Party_______________________________________ Date__________
Reviewed and accepted by Dan Harris PhotoArt, LLC, by_____________________________________________________ Date_________________