CREATIVE VISIONS PHOTOGRAPHY, LLC

PHOTOGRAPHY SERVICES AGREEMENT

               THIS PHOTOGRAPHY SERVICES AGREEMENT (this “Agreement”) is made and entered into by and between the undersigned client (the “Client”) and Creative Visions Photography, LLC, a Missouri limited liability company (the “Company”).

      1.  Agreement. The Client hereby agrees to hire the Company to perform, and the Company hereby agrees to provide, photography services under the terms set forth in this Agreement.

2. Fee for Services. The Client agrees to pay the Company a base fee in the amount of $99 for one photographer to provide photography services for up to 30 minutes at the location agreed to by the parties on November 3rd or 5th, or $299 on November 24th. The total amount payable to the Company as provided above shall be referred to herein as the “Total Fee.” The Total Fee shall be payable by Client upon receipt of the Company’s invoice.  Web quality digital versions (printable up to 5x7) will be provided for all images printed or purchased. The $99 Santa Experience includes One digital file printable up to 5x7. The $299 Santa Experience includes $250 credit applicable to prints/files/collections. Orders for albums, prints, enlargements or other services shall be separately billed to Client.
3. Reimbursement for Expenses. Upon the Company’s submission of receipts to the Client, the Client agrees to reimburse the Company in full for any costs or expenses incurred by the Company associated with the photography services.
4. Reshoots. For any reshoot required by Client, Client will be charged an additional amount equal to the Total Fee plus any expenses incurred by the Company, or such other amount as agreed to by the parties in writing. In the event of any reshoot required as a result of an act of God or the fault of a third party, the Client will reimburse the Company for any expenses incurred, but the Company will not charge the Client any additional fee.
5. Rights to Photographs. As used in this Agreement, “Photographs” means all photographic materials created or furnished to and/or for the Client by the Company, including but not limited to transparencies, negatives, prints and digital images. All Photographs, including all copyright and all other intellectual property rights in and to the Photographs, shall remain the sole and exclusive property of the Company. Client hereby assigns any and all of its right, title and interest in and to the Photographs to the Company. Client hereby acknowledges and agrees that the Company has the irrevocable and unrestricted right to (i) use and publish the Photographs for advertising, promotional materials, display, website and internet promotion, online social media, editorial, contests, and any other purpose, (ii) to alter the Photographs without restriction, and (iii) to own, protect and license the copyright to the Photographs.
6. Client’s Use of Photographs. Client will only be authorized to use the Photographs as provided by the Company in writing. Client’s use of any print or digital copies of the Photographs shall be limited to Client’s personal use only. Client is prohibited from selling or reproducing the Photographs for commercial or business purposes without the Company’s prior written consent.
7. Inherent Qualities. Client acknowledges and agrees that color dyes in the Photographs may fade or discolor over time due to the inherent qualities of the dyes. Client releases the Company from any and all liability, damages, and claims arising from or relating to the fading or discoloration of the Photographs due to such inherent qualities or the passage of time.     
8. Client’s Release of Company. The Client hereby releases the Company and its agents (including the photographer), employees, successors and assigns (the “Company Parties”) to the fullest extent possible from and against any and all claims, causes of action, liabilities and damages which may arise, directly or indirectly, by reason of any action, act, conduct, decision, inaction or omission of the Company Parties in any way involving or relating to the Photographs and Company’s provisions of photography services pursuant to this Agreement, other than with respect to matters arising out of the gross negligence or willful misconduct of the Company Parties.
9. Indemnification. The Client hereby agrees to defend, indemnify and hold harmless the Company Parties to the fullest extent possible from and against any and all claims, causes of action, liabilities, obligations, expenses, fines, penalties or damages, including, but not limited to, reasonable attorneys’ fees and costs of defense, that the Company may incur as a result of, or in connection with, (i) any unauthorized use of the Photographs by the Client and its agents, successors and assigns, and (ii) any action, act, conduct, decision, inaction or omissions of the Client, its guests, attendees, invitees, family members, other vendors, agents, successors and assigns.
10. Limit on Liability. The Company shall not be liable for failure to or delays in performing its obligations under this Agreement as a result of fire, casualty, acts of God or any other cause beyond the reasonable control of the Company. Client expressly acknowledges and agrees that in no event shall the Company be liable to Client for any amount in excess of the total amount payable to the Company pursuant to Section 2 of this Agreement. This remedy is the sole and exclusive remedy available to Client under this Agreement.
11. Termination. Client has the right to terminate this Agreement by providing written notice to the Company within three (3) days after the date Client executes this Agreement. In order to effective, the postmark on any notice being provided by mail must be dated no later than three (3) days after the date Client executed this Agreement.
12. Miscellaneous. This Agreement constitutes the entire agreement between the parties and supersedes any prior understandings, agreements, or representations by or between the parties, written or oral, to the extent they relate in any way to the subject matter hereof. No amendment, modification, supplement, termination, consent or waiver of any provision of this Agreement shall be valid unless the same is in writing and signed by the parties hereto or their respective successors and permitted assigns. This Agreement shall be enforceable by, and shall inure to the benefit of, the parties to this Agreement and their respective successors and assigns. This is a binding contract between the parties hereto and shall be governed by the laws of the state of Missouri without reference to its choice of law rules. By signing below, Client affirms that the Client is at least 18 years of age and has the legal authority and capacity to enter into this Agreement.

IN WITNESS WHEREOF, this Photography Services Agreement has been executed by the undersigned parties as of the day and year written below.