1. AGREEMENT, JURISDICTION & SEVERABILITY: This contract contains the entire understanding between Amanda Eubank Photography and THE CLIENT(S). It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
The laws of the State of Florida shall govern this contract, and any resulting arbitration shall take place within Walton/Okaloosa County, Florida. Client assumes responsibility for all collection costs and legal fees incurred by Amanda Eubank Photography should enforcement of this contract become necessary. In the event that any part of this contract is found to be invalid or unenforceable, the remainder of this contract shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this contract shall not constitute a waiver of any other portion or provision of this agreement.
2. CLIENT(S) affirm(s) that CLIENT(S) is/are at least 18 years old and has the capacity to enter into a contract with Amanda Eubank Photography.
3. Amanda Eubank Photography is an independent contractor and not an employee of THE CLIENT(S).
4. RESERVATION/BOOKING: Upon your signature, Amanda Eubank Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Session Fee amount is NON-REFUNDABLE, even if the session is cancelled for any reason, including acts of God, fire, strike and/or extreme weather. The Session Fee is to be paid at time of signing the contract. The Session Fee is applied towards the contracted photography session. THE CLIENT(S) understand(s) and agree(s) that the entire amount owed for the photography session described in the contract is due to book the photography session. Session Fee can be transferred to another date within a year of the original date book.
5. FINAL IMAGE DELIVERY: After the session (4-6 Weeks), Amanda Eubank Photography will provide THE CLIENT(S) with a private website that will display the digital images.
6. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by Amanda Eubank Photography are protected by U.S. Copyright Law (all rights reserved) and may not be reproduced in any manner without Amanda Eubank Photography’s explicit written permission. THE CLIENT(S), limited copyright ownership of the resulting images will be transferred to THE CLIENT(S) under the following conditions:
a. The negatives and/or digital files are the property of THE CLIENT(S) for personal use and for the purposes of the electronic reproduction and distribution of photographs to friends and relatives.
b. THE CLIENT(S) must obtain written permission from, and compensate Amanda Eubank Photography prior to an event where THE CLIENT(S), THE CLIENT’S friends or relatives publish or sell the photographs for profit.
c. Images may be used on personal web sites as long as a copyright notice appears near the images stating that they were taken by Amanda Eubank Photography as well as a web link to http://www.AmandaEubankPhotography.com/ is placed onto the web site.
7. MODEL RELEASE: THE CLIENT(S) hereby assign(s) and grant(s) Amanda Eubank Photography and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT(S) or in which THE CLIENT(S) may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT(S) hereby release(s) Amanda Eubank Photography and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Amanda Eubank Photography may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Amanda Eubank Photography.
8. COMPLETION SCHEDULE: Digital processing takes four to six weeks. Creation of an album takes eight to ten weeks, enlargements one to two weeks or possibly longer when laboratory and bindery schedules are heavy.
9. PAYMENTS: THE CLIENT agrees that Session Fee is NON REFUNDABLE & required at the time of contract acceptance.
10. LIMIT OF LIABILITY: Amanda Eubank Photography warrants and declares that every effort will be made to provide high quality photographic services. In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Amanda Eubank Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff.
Amanda Eubank Photography takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional-grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond Amanda Eubank Photography’s control, the latter’s shall not exceed the contract price stated herein. 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.
11. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and Amanda Eubank Photography at the time of acceptance of this contract shall be recognized as amendments to this contract.
12. PROFESSIONAL IMAGE MANIPULATION: Amanda Eubank Photography will allow for limited professional image manipulation (if technically possible) on any image(s) of Amanda Eubank Photography’s. This includes red eye removal, de-aging, removal of people and/or objects, insertion of missing people and/or objects, color correction, special effects, portrait glamorization, etc. It is understood that if a technicality prevents Amanda Eubank Photography from performing requested image manipulation, or if a technicality prevents the final result to meet THE CLIENT’S requirement, THE CLIENT(S) will accept that Amanda Eubank Photography has performed to its best ability with regard to the specific task and that Amanda Eubank Photography has no further responsibility towards said image manipulation.
13. TAX: THE CLIENT’s understand, accept, and acknowledge that all monies owed for tax obligations from the services and production of photographic materials are solely the CLIENT’s responsibility and must be paid to the their home state. Amanda Eubank Photography is not responsible for tax liabilities in the event the CLIENTs do not pay tax monies owed.