ENTIRE AGREEMENT: This agreement contains the entire understanding between Focushoot and the CLIENT. It
supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement
is to do so in writing, signed by all parties. If any part of this agreement is found to be invalid or unenforceable, the
remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of
this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a
waiver of any other portion or provision of this agreement.
RESERVATION: A signed contract and retainer fee are required to reserve the dates and times of the EVENT. If
the EVENT is rescheduled, postponed, or canceled; or if there is a breach of contract by the CLIENT, the retainer
fee is non-refundable and shall be liquidated damages to Focushoot. The CLIENT shall also be responsible for
payment for any of Focushoot's materials charges incurred up to the time of cancellation.
EVENT SCHEDULE: The client agrees to confirm the schedule one week prior to the EVENT. Notification of any
changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from
Focushoot by the CLIENT.
SAFETY: Focushoot reserves to right to terminate coverage and leave the location of the EVENT if the
photographer experiences inappropriate, threatening, hostile, or offensive behavior from person(s) at the EVENT; or
if the safety of the photographer is in question.
SHOOTING TIME / ADDITIONS: The CLIENT and Focushoot 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, 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.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and
transport costs unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the Focushoot
address. For all EVENTS, the first 50 miles roundtrip of travel is included. All miles more than 50 miles
roundtrips are charged at $0.58 per mile.
RESPONSIBILITIES: Focushoot is not responsible for compromised coverage due to causes beyond the control of
Focushoot includes but is not limited to obtrusive guests, the lateness of the CLIENT or guests, weather conditions,
schedule complications, incorrect addresses provided to Focushoot, rendering of decorations, or restrictions of the
locations. Focushoot is not responsible for backgrounds or lighting conditions that may negatively impact or
restrict the photo coverage. Focushoot is not held liable for missed coverage of any part of the EVENT. Focushoot
will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT.
VENUE AND LOCATION LIMITATIONS: Focushoot is limited by the rules and guidelines of the location(s) and
site management. The CLIENT agrees to accept the technical results of their imposition on Focushoot. Negotiation
with the officials for moderation of guidelines is the CLIENT's responsibility; Focushoot will offer technical
recommendations only.
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PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on
which Focushoot will be performing services.
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FILM and COPYRIGHTS: The photographs produced by Focushoot are protected by Federal Copyright Law (all
rights reserved) and may not be reproduced in any manner without Snow Foto's explicitly written permission. If the CLIENT has purchased an "Image DVD"; from Focushoot, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an "Image DVD"; from Focushoot, Focushoot grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites, if the images remain unaltered and textual credit is explicitly given to Focushoot. The CLIENT must obtain written permission from Focushoot prior to publishing or selling the photographs.
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MODEL RELEASE: The CLIENT hereby assigns Focushoot the irrevocable and unrestricted right to use and
publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising,
educational, and any other purpose and in any manner and medium; to alter the same without restriction and to
copyright the same without restriction. The CLIENT releases all claims to profits that may arise from the use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from Focushoot is unable to perform
to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the
control of Focushoot, Focushoot will make every effort to secure a replacement. If the situation should occur and a
suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the
EVENT. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Snow Foto's control, including but not limited to camera, hard drive, or equipment malfunction, Focushoot's liability is limited to the return of all payments received for the EVENT. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals. Focushoot 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: Focushoot 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 Focushoot.
POST PRODUCTION AND EDITING: The final post-production and editing styles, effects, and overall look of the
images are left to the discretion of Focushoot.
PAYMENT SCHEDULE: The above-mentioned 35% non-refundable retainer fee is due at the time of signing of
the agreement. The remaining balance is payable in full prior to or on the day of the EVENT. In the event the CLIENT fails
to remit payment as specified, Focushoot shall have the right to immediately terminate this agreement with no
further obligation, retain any monies already paid, and not attend the EVENT. Returned checks will be assessed a
$35 non-sufficient funds fee.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the
order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash
value and may only be applied toward merchandise purchased from Focushoot.