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Your first payment, a non-refundable retainer fee of $retainer amount (the “Retainer”) is due upon your execution of this Agreement The balance of all payments are due 30 days before the wedding date, subject to any additions as provided in this Agreement Payments hereunder may be made at any time before the 30th day prior to the wedding. *Final payment may change before the wedding date if there are additions to services or items provided (e.g., additional hours or albums). With each addition, a separate invoice will be sent. All additions are subject to availability and sufficient advance notice prior to the wedding. *PLEASE INITIAL BELOW
In order to reserve Sara Garcia Photo Art for a wedding date, the bride and groom must sign this Wedding Photography Agreement and pay the nonrefundable Retainer. By signing this Agreement, the bride and groom agrees to be legally obligated to all the terms herein. This Agreement is only valid after execution of this Agreement by SGPA • The bride and groom shall each be jointly and severally liable under this Agreement for the obligations of the bride and groom hereunder. • Pricing reflected in this Agreement is guaranteed for 14 days from our first meeting/contact about your wedding date. If this Agreement is changed or updated, or pricing changes after such 14 day period you will need to enter into the then-current Agreement to retain the services of SGPA. • Prices for albums and reprints are guaranteed from the time you sign this Agreement until the date that is six months after your wedding date. Following such period, then-current prices (as determined by SGPA) will apply for all items ordered hereunder. • In order for SGPA to properly photograph your wedding, SGPA requires a final consultation at least two weeks prior to your wedding to review the wedding day schedule and final details. Final payment hereunder is due 30 days before your wedding. In the event the 30 day payment is not received, SGPA will not be required to provide photography services and may terminate this Agreement and retain the Retainer and other monies paid hereunder as liquidated damages and not as a penalty. • In order for SGPA to complete your wedding photographs in a timely manner, it is absolutely necessary that everyone be ready at their prearranged times. This includes having travel arrangements made, having the church or temple open, and your flowers ready and available for your portrait time. Please be conservative with time when scheduling your wedding day activities. • In order to eliminate any confusion on the day of the wedding, SGPA will be the only professional photographer at the event. In no event shall client consult, contract with or engage any other professional photographer for the purposes of covering the wedding or any other event covered by this Agreement. To ensure the quality of photographs, guests with cameras should refrain from using flashes during the ceremony and should not attempt to take photographs during the time of formal photographs. Videographers are not to use or carry film or digital “still” photographic equipment at the event. It shall be the client’s responsibility to inform guests and any Videographers of the above restrictions and to enforce such restrictions. • Ensuring the appropriate behavior of all guests and other persons at the wedding and other events covered by SGPA shall be the responsibility of the bride and groom. In the event any SGPA photographer experiences any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a family member of the bride or groom; second offense: the offending person will be required to leave the wedding or other event; third offense: SGPA will end wedding coverage immediately and leave the event, this Agreement shall be deemed to be terminated, SGPA shall be relieved of all responsibilities under this Agreement following such termination, SGPA shall be entitled to retain the Retainer and all other monies paid hereunder and client agrees to relieve SGPA and hold YSP harmless as a result of incomplete wedding or event photography coverage. SGPA requires at least one hot meal provided for all SGPA photographers for any wedding coverage exceeding 5 hours. • In the event of postponement or cancellation of the wedding, the Retainer and all payments received to date shall be retained by SGPA and shall be non-refundable in all respects. Clients shall provide SGPA with at least two (2) weeks notice prior to any cancellation or postponement of the wedding. • All on-line proofing images will be removed from the SGPA website after approximately 90 days. • Due to the rapid pace and unpredictable nature of wedding photography, SGPA does not guarantee the delivery of any requested or expected photograph. • By signing this Agreement all parties agree to and acknowledge the style of photography performed by Owner/Photographer of note. No refunds shall be made for services and goods provided based upon the client’s dissatisfaction with such style of photography. The clients acknowledge and agree that the style of photography provided hereunder is artistic, candid, and documentary with minimal posed portraits. • Except as expressly provided in this Agreement, there are NO returns or refunds on services provided hereunder or on any albums or other items provided hereunder. • Except as expressly provided in this Agreement, SGPA makes no, and hereby disclaims any, express or implied representations, warranties or guarantees regarding the goods or services provided hereunder (including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose). • Any and all defects in the photographs, images, files or other products provided by SGPA shall be communicated to SGPA within one (1) week of client’s receipt of same, failing which client shall be barred from making any claim for such defects. • Notwithstanding anything contained in this Agreement to the contrary, the client’s sole remedy for an actual breach by SGPA of its obligations under this Agreement, shall be a termination of this Agreement and a refund of the Retainer and other monies collected hereunder up to the date of such breach or, at SGPA’s option, the replacement of photographs, images or other items provided by SGPA hereunder. In no event shall SGPA be liable for monetary damages, whether in tort, for breach of contract or otherwise, under this Agreement for an amount in excess of the Retainer and any other monies paid hereunder. • Upon delivery of the hi-resolution wedding files, the client will be entirely responsible for the originals and all copies of their wedding files and photographs and SGPA shall not be required, in any event, to reproduce or replace any such files or photographs that are lost, stolen or destroyed. It is recommended to make a back up copy every five years, which copies shall be subject in all cases to the limitations contained in this Agreement. All digital images and other digital material shall remain the exclusive copyrighted property of SGPA and client shall have no ownership or other rights in such images or other material. It is hereby expressly agreed that SGPA shall have the exclusive right to use such images or other material for display, publication, competition or other purposes as determined in the sole discretion of SGPA. Client’s possession of a photograph does not grant the right to client or any other person, other than SGPA, to duplicate or make copies of any kind, including computer scans. Upon delivery of gallery containing hi-resolution files, client will receive a letter granting client permission to produce copies directly from the gallery; provided, however, that any and all copies shall only be for the private and personal use of client, in no event shall client or any other person, other than SGPA, make any copies for the purpose of sale or publication and in no event shall client or any other person, other than SGPA, sell or publish any photographs or images provided by YSP (or any copies thereof). • This Agreement shall be governed by the substantive laws of the State of COLORADO, without regard to its conflicts of laws provisions. Any dispute under this Agreement that cannot be resolved by SGPA and client after thirty (30) days of receipt of notice of the dispute shall be first be submitted to a neutral mediator selected by SGPA. • In the event the mediator cannot resolve the dispute, the remaining issues in dispute may be submitted to the relevant court of the State of COLORADO. The state and federal courts of the State of COLORADO shall have exclusive jurisdiction over any such dispute and each party hereby irrevocably consents to the jurisdiction of such courts upon them and service of process by mail. • In the event of any breach of this Agreement by client, SGPA shall be entitled to terminate this Agreement and retain the Retainer and any other monies paid by client hereunder. In addition to the other remedies expressly stated in this Agreement, SGPA shall have all other remedies available to it at law or in equity upon the breach of this Agreement by client. • In no event shall SGPA be liable under this Agreement for any consequential, incidental or punitive damages, or for lost profits. • In no event shall this Agreement be modified, altered or amended without the prior written agreement of each party hereto. • This Agreement supersedes all prior agreements, representations and understandings between the parties (whether written or oral) with respect to its subject matter and constitutes (along with the exhibits and schedules attached hereto) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. • If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. • In the event of a divorce or separation of the bride and groom prior to SGPA’s delivery to the bride and groom of the photographs, images, files or other products supplied by SGPA hereunder, SGPA may implead any or all such items into any court of competent jurisdiction in the State of COLORADO and shall thereafter be relieved of any further responsibilities, liabilities or obligations relating to such items and performance under this Agreement. • SGPA shall not be liable for its delay in performing or failure to perform under this Agreement as a result of any circumstances, events or contingencies beyond its reasonable control, including but not limited to acts of God, fires, floods, wars, civil insurrection, sabotage, equipment or machinery breakdown, accidents, labor disputes or shortages, any governmental laws, ordinances, rules, regulations, bans, delay or inability to obtain supplies, labor, raw materials, energy, transportation, and any other similar circumstance, event or contingency *PLEASE INITIAL BELOW