Terms and Conditions

Last Updated: 10/01/2025

1. Invoice Agreement.

This Professional Services Agreement (the “Agreement”) is effective and shall be entered into by and between each client identified on the invoice (the “Client”) and Joy & Co. Photography, LLC (the “Company”) upon the Company’s receipt of payment of any amount toward such invoice. The Client, together with the Client’s heirs, successors, and representatives, acknowledges and agrees that payment constitutes the Client’s full and binding acceptance of this Agreement and that no physical or electronic signature is required.

Until payment is received by the Company, no agreement shall be deemed to exist, and the Company shall have no obligation to reserve dates, perform services, or otherwise incur any liability to the Client. Upon receipt of payment, the Client and the Company (individually, a “Party,” and collectively, the “Parties”) hereby enter into this Agreement to establish and confirm their respective rights and obligations.

2. Services.

The services to be provided by the Company are those described in the invoice issued to the Client, and such description is hereby incorporated into and made part of this Agreement. The specific date(s) and location(s) of the services shall be mutually agreed upon by the Parties in writing. No obligation shall arise with respect to service dates, times, or locations unless and until confirmed in writing by both the Client and the Company.

1. Definitions. “Image” or “Images” means the visual and audio work product, including both moving and still pictures, in any form or media, including without limitation, as digital information, supplied by the Company to the Client. “Service” refers to the photography and/or videography, related digital or other production or postproduction services that the Client is commissioning the Company to perform. “Written Consent”, “In Writing”, "Written Confirmation", and “Notice” includes e-mail correspondence if confirmation of receipt of the e-mail correspondence is obtained by the Company. Parties will provide effective correspondence to each other via email at the date and time which it is sent to the Parties emails referenced above. All paragraph captions, titles, and headings in this Agreement are for convenience and reference only and will not be construed as part of this Agreement. The Company is an independent contractor. 

2. Retainer, Payments, & Fees. The Client will reserve the time and date of services by signing and returning this Agreement along with an initial non-refundable reservation retainer fee equal to   (“Initial Retainer”). No date is reserved until this Agreement is signed by the Client and the Initial Retainer is received. The Client is responsible for the full, timely, payment of all fees, charges, expenses, and advances as set forth in this Agreement. Any invoice not paid in full within five (5) days of receipt will be charged a $75.00 late fee and will accrue an additional 1% of the unpaid invoice amount every day thereafter. In the event the Client fails to make a payment on its due date, or fails to remit late fees as specified, the Company will have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid as liquidated damages, and may not remit all Images to the Client.

The fees in this Agreement are based on the Company’s current pricing at the time of booking. The Company’s price list is adjusted periodically, and the pricing within this Agreement is only guaranteed upon booking. The Client understands and agrees that they cannot downgrade the package and price agreed to within this Agreement after booking, but may upgrade at any time with the express, written consent of all Parties. All future upgrades and/or bookings will be charged at the Company’s prices in effect at the time.

3. Rights. The Company is the sole creator and sole copyright owner of the Images. Except for rights specifically licensed or transferred in this Agreement, the Company reserves all rights in the Images including, without limitation, digital or electronic publishing and use rights in any and all media now existing and yet unknown throughout the world.

4. Licenses. Unless otherwise stated in this Agreement, all licenses are nonexclusive and limited to English language use Worldwide. The licensed rights are not transferred to the Client until and unless (a) the Client accepts all terms contained in this Agreement, and (b) the Client pays the Total Amount, including any additional payments and fees, for Images, Services, and all related expenses.

5. Release. The Company does not guarantee that it has secured any underlying or third-party rights in the Images unless the Company submits a separate release signed by a third-party model, property owner, trademark owner, or any other owner of any underlying right. If no such release is submitted, no release exists for any underlying rights in any Image nor have any such rights been secured.

6. Coverage. The Client has booked the Company for specified hours of photography and/or videography coverage as outlined in the Services section above.  Coverage time starts at the time confirmed in the Event Schedule provided by the Client, and coverage time ends either before or when the number of booked hours of coverage hours has elapsed. "Coverage" is a consecutive amount of time, cannot be broken up, and includes but is not limited to the amount of time a photographer and/or videographer spends on the Date of Event providing photography and/or videography services, waiting, taking breaks, eating and drinking, traveling or driving from one Event location to another, etc. Coverage does not include the time it takes for a photographer and/or videographer to arrive at the Event, return from the Event, work before the Event, or work after the Event. The Company will provide Coverage for the dates, locations, and up to the maximum hours specified in this Agreement.  Additional coverage hours may be added at a rate of the Company’s prices in effect at the time of the request, prior to the Event, must be agreed to by the Parties, and must be paid in full before any Images are released to the Client.

7. Confirmation of the Event Schedule & Timeline. The Client must provide written confirmation to the Company of the start time of Coverage and location of the Event thirty (30) days or greater before the Event. If the Client fails to provide the Company with the start time of Coverage and the location of the Event, or provides the Company with the start time of Coverage and location of the Event less than thirty (30) days before the Event, the Company may terminate this agreement with no further obligation, retain any monies already paid as liquidated damages, and may not remit all Images to the Client. The Client agrees to confirm the Event schedule one (1) week prior to the Event. Notification of any changes in schedule or location must be made in writing. If an email is sent by the Client, confirmation of receipt must be obtained by the Company. After execution of this Agreement, the Company will send the Client an Event schedule document (“Timeline”) to use as a reference for start times, end times, and locations for the Event. The Timeline is not incorporated into this Agreement, is not binding, and will be used as a reference document only. Any Event schedule, including those provided by the Company, the Client, or any third party is for reference only, is not binding, and will not be incorporated into this Agreement.

8. Pre-Event Consultation. The Company is not required to schedule and provide the Client with a pre-event consultation before the Date of Event to finalize the actual shooting times and locations. The Company can successfully communicate all Event details via text, email, or phone.

9. Wedding Coordinator/ Event Guide. If the Client has a wedding or event planner, coordinator, or guide, hired directly by the Client or supplied to the Client by a third party, the Client is still responsible for communicating and confirming to the Company the start time of Coverage, location(s) of the Event, and the Event schedule.

10. Cancellation by the Client. If for any reason the Client cancels this contract before the Event, the Company will retain 50% of the Total Amount as non-refundable and any payments made exceeding 50% of the Total Amount will be refunded. At this time, and if the Client has paid less than 50% of the Total Amount, those payments are non-refundable, and no further payments will be due and the Client will not be responsible for any remaining balance of the Total Amount. If the Client cancels or requests a refund after the Event Date, all payments will be non-refundable. Cancellation must be made in writing and signed by the Parties. If the Client fails to supply written cancellation as specified by the Event Date, the Client will be required to pay the Total Amount due and all payments are non-refundable.

11. Cancellation by the Company. In the event the Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of a family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:

Immediately give notice to the Client;

Will make commercially reasonable efforts to find another competent professional;

If another competent professional is not available, the Company will issue a refund or credit based on a reasonably accurate percentage of services rendered.

12. Rescheduling by the Client. If for any reason the Client reschedules the Event sixty (60) days or greater before the Date of Event, excluding Force Majeure Events, and the Company is able to rebook the original Event at or above the Total Amount under this Agreement, the Client will receive credit for all monies already paid. Rescheduling notification must be made in writing and signed by the Client. Confirmation of receipt of notification email by the Company must be obtained. Retainer credit may be applied to the Company’s services to be used within one (1) year of the original date of written request to reschedule, provided the Company is available, after which the Company will retain all credit granted. If the Company is not able to rebook the original Event under this Agreement, the Client forfeits the Retainer in full. If the Client fails to provide rescheduling notification in writing sixty (60) days or greater before the Date of Event or provides rescheduling notification in writing less than sixty (60) days before the Date of Event, the Client forfeits the Retainer and must book the Company’s services under a new contract subject to the Company’s current pricing at that time, and any monies paid above the Retainer may be applied as a credit to be used within one (1) year of the original date of written request to reschedule, after which the Company will retain all credit granted.

13. Selection of Photographer(s) and/or Videographer(s). The Company will select the photographer(s) and/or videographer(s) for the Event. The Company has not made any representation that any specific photographer(s) and/or videographer(s) will attend the Event. The Company reserves the right to change the photographer(s) and/or videographer(s) at the Company’s convenience at any time. The Client may request a change and the Company may change the photographer(s) and/or videographer(s) for the Event based on availability will not issue any refund if the Client does not like or want the selected photographer(s) and/or videographer(s).

14. Exclusive Photographer(s) and/or Videographer(s). Unless agreed upon in writing in advance, the Company will be the exclusive photographer(s) and/or videographer(s) retained for the Event. The Company may bring assistants or second shooters at its discretion. Outside photographers, videographers, and other vendors, as well as semi-professional companies or persons, must not obstruct or interfere with the official Services. Event guests may take photos or videos, but it is the responsibility of the Client to prevent family and friends from interfering with the Company’s duties. The Company is not responsible for compromised coverage due to causes beyond their control such as other people’s camera or flash, the lateness of the Client, fiance, family members, and bridal party members or other vendors or principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiant. The Company is not responsible for existing backgrounds, obtrusive objects, or lighting conditions that may negatively impact or restrict the Image coverage. 

The Client agrees and understands that no other party other than the Company’s authorized photographer(s) and/or videographer(s) may take Images of any poses, lighting situations, or setups made by the photographer(s) and/or videographer(s). Other people taking pictures drastically slows down the Company’s work and violates the Company’s right to take Images of the Event. The Client agrees to take responsibility for insisting that no person(s) interfere or impede the photographer and/or videographer or take Images in any way that interferes or impedes the Company. 

15. The Client’s Responsibilities. The Client will obtain all permissions for the Company and its subcontractors, if any, to provide Services at the Event. The Client is responsible for all permits, parking fees, entrance fees, or any other fees that are required to enable the Company to fulfill the Services at the Event.  Permits and fees are not included in this Agreement and the Client agrees to pay the Company for all costs incurred from permits or fees.  The Client is responsible for researching, acquiring, and paying for all permits, licenses, and/or any other necessary permissions for all locations where the Company will be performing Services. If the Client does not acquire the required permits, licenses, and/or any other necessary permissions and a fine is imposed, the Client will pay the fine and agree to relieve and hold the Company harmless.

The Company and its subcontractors have no duty to obtain permission to shoot Images of reception centers, churches, buildings, private properties, public properties, or other locations. The Client is responsible to understand and communicate to the Company all restrictions and limitations at all locations. 

The Company is limited by the rules and guidelines of the location(s) and site management. It is the responsibility of the Client to secure permission from the venue, church, synagogue, or other officials to film the ceremony. The Company will abide strictly by the rules and standards of the venue, church, synagogue, or owners regarding camera placement, audio capture, and site access. The Client agrees to accept the technical results of the venue’s imposition on the Company. Negotiation with the officials for moderation of guidelines is the Client’s responsibility and the Company will offer technical recommendations only.

It is the Client’s responsibility to ensure that third-party location(s) of the Event, including without limitation, venues, do not have any requirement for the Company to sign a release to grant Image copyrights to the third party in order for the Company to perform Services to the Client at the third party’s property. The Client understands and agrees that the Company will not grant any rights to third parties or sign release agreements as a requirement by a third party in order for the Company to be able to provide Services to the Client. If a third party requires this, the Company may cancel services, will be entitled to retain all monies paid, and the Client agrees to relieve and hold the Company harmless as a result of incomplete Services.

The Client understands and agrees that it is their responsibility to acquire any and all travel, flight, and/or event insurance to protect themselves from unforeseen events, extreme weather, or extenuating circumstances beyond the Parties’ control. Clients agree to indemnify and hold Company harmless for all such occurrences. 

16. Travel Fees. Client agrees to pay the Company a Travel Fee of $1.00 per mile (or the current mileage rate in effect at the time of travel) for any round-trip travel exceeding 50 miles starting from the center of the closest Joy & Co. Photography City-Hub, for each member of the photography and videography team included in the Service package. Client agrees to pay the Company an additional fee for lodging of $285 per night for each member of the photography and videography team included in the Service package for any one-way travel extending beyond 125 miles starting from the center of the closest Joy & Co. Photography City-Hub. Travel fees are determined by the Company and include but are not limited to transportation, lodging, and per diems for each travel day, and may be adjusted at any time by the Company, as needed, determined by the locations of the Event schedule and Timeline.

17. Artistic Style. The Client understands and agrees that the Company will make commercially reasonable efforts to take the Client’s requested Images, but no specific Image can be promised due to the unique, limited, and subjective nature of Events and unforeseen and unpredictable circumstances. Any lists or requests supplied by the Client will be used for organizational purposes only, are not guaranteed, and are not incorporated or binding to this Agreement. Images determined by the Company to be substandard or duplicated may be omitted. The Company will use its professional judgment and sole discretion to select which Images to deliver. Such selection will constitute all Images that will be made available to the Client. The Client understands and agrees that the Company has full creative control to produce all Images, including photo, video, audio, and music selection.

The Client has spent a satisfactory amount of time reviewing the Company’s work and has a reasonable expectation that the Images delivered will be in a similar manner and style as indicated on the Company’s website, social media, and galleries. The Client understands and agrees that (1) photography and videography is a subjective art and the Company has a unique vision, with an ever-evolving style and technique; (2) the Company will have the final say regarding the aesthetic judgment and artistic quality of the Images; (3) Dissatisfaction with aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned. 

18. Meals and Breaks. The Client must provide each photographer and/or videographer with a free meal served at the same time that the guests are eating, preferably when or before the wedding party eats, to ensure maximum coverage of the reception. Photographers and/or Videographers will take several breaks during the event for water, food, and rest. If the Client does not provide a meal, the Client will be charged $50 per Photographer and/or Videographer. The Client must allow 10-minute breaks every 2 hours for each Photographer and/or Videographer. If the Client does not provide each photographer and/or videographer with a free meal, they have the right to use a reasonable amount of time to obtain a meal by their own means, and the Client agrees to relieve and hold the Company harmless for any lack of coverage during that time.

19. Editing & Delivery of Photography Images. The Company will make commercially reasonable efforts to deliver photography Images within twelve (12) weeks after the Date of Event. The Company will provide the Client with the following minimum number of photos: fifty (50) edited photos for every one (1) hour of 1st or lead photography coverage, and twenty-five (25) edited photos for every one (1) hour of 2nd photography coverage. The Company reserves the right to edit and release only the Images that are deemed professional in quality and within the Company’s standards. The Company will only deliver high-resolution, edited .jpeg images to the Client and may digitally deliver original unedited files in .jpeg format, upon request, to the Client. The Company will deliver the Images via a digital online gallery. 

The Client will be able to download the full gallery as well as individual photos as digital .jpeg files upon appr. Once the Company provides Images to the Client, it is the Client's responsibility to back them up and keep them in a safe place.

Company enhances photo(s) through "Photo Editing" which includes but is not limited to the following adjustments:

Light: Exposure, Contrast, Highlights, Shadows, Whites, Black

Color: Temperature, Tint, Vibrance, Saturation

Effects: Texture, Clarity, Dehaze, Vignette

Detail: Sharpness, Noise Reduction, Color Noise Reduction, Grain

Optics: Chromatic Aberration, Lens Correction, Defringe

Geometry: Crop, Size, Aspect

However, Company does not change any inherent qualities of a person, as it is considered a “cosmetic edit” or "Photoshop" work or "Photo Manipulation" which includes but is not limited to the following adjustments:

Blur, Brush, and Blend

Color Replacement

Image Cloning

Photo Merging

Adjusting Facial Features

Object Addition, Removal, and Repositioning

Distortion and Shake Reduction

Transformation and Warp

Recomposing

Adding Shapes and Text

Any additional cosmetic edits will be $5 per photo if it is requested by the Client after seeing the edited photographs and will not be released to Client until the invoice for additional edits is paid by Client. Cosmetic edits include, but are not limited to, removing unwanted facial hair, removing blemishes, removing wrinkles, removing unflattering parts of the body, changing hair color, changing the shape of nose/eyes/body, adding in sky or clouds, glasses or accessories, shoes, object removal, etc.

20. Editing & Delivery of Video Images. The Company will make commercially reasonable efforts to deliver videography Images within twelve (12) weeks after the Date of Event. The Company will provide the Client with the following minimum number of minutes of video: thirty (30) seconds of edited video for every one (1) hour of videography coverage, and twenty-five (25) seconds of edited video for every one (1) hour of 2nd videography coverage. The Company reserves the right to edit and release only the Images that are deemed professional in quality and within the Company’s standards. The Company will only deliver high-resolution, edited .mp4 links to the Client and may digitally deliver .mp4 files for download, upon request, to the Client. The Company will deliver the Images via a digital online gallery. 

The Client understands that videography editing is limited. The Company is unable to edit out blemishes, stains, guest interruptions, and other similar entities within video content. The Client agrees to the Company capturing the Event as it unfolds and the Company is not liable for creating an alternate sense of atmosphere, including, but not limited to guest emotions, actions, weather, and backdrops. The Company has the right to refuse to produce any video that could violate libel or copyright laws, or in the course of its production could cause or contribute to bodily injury, death, equipment damage, or property damage or destruction. In the event the Company agrees to allow the Client to select music to be used in the production of the video Images, and that music requires the purchase of a copyright license, the Client agrees to pay the Company any and all license fees associated with the use of that music. The Client must chose music from Fyrfly, the Company's official partner music licensing service.

The Client understands that audio may be captured but, depending on the quality and other interferences beyond the Company’s control such as wind noise, DJ equipment, babies crying, etc., audio is not guaranteed to be included within the final film. The Client further understands that drone footage may be captured but, depending on interferences beyond the Company’s control such as weather, venue restrictions, and nearby airfields, drone footage is not guaranteed to be included within the final film. The Company shall not deliver unedited audio files.

There will not be any revisions made to the final edited video once it is delivered.

21. Image Distribution and Archiving. Upon receipt of Images via digital online gallery and delivery, the Client accepts all responsibility for archiving and protecting the Client’s Images. The online gallery and link will be available to the Client for six (6) months from the Date of Event. The Company makes commercially reasonable efforts to keep copies of Images but the Company DOES NOT permanently archive Images. The Company will delete archived Images as soon as the project is approved and delivered to the Client. The Company is not responsible for the limitations on the life span of any Images provided or for any future change in digital technology that might result in the Client’s inability to view Images. It is the Client’s responsibility to make sure that digital files are copied to new media and external hard drives as required. If the Client asks the Company to unarchive Images and reupload them to an online gallery or deliver them online to the Client, and the Images are still retrievable by the Company; an additional annual renewal fee will apply.

22. Editing Revisions. The Company will not provide editing revisions to any Images unless the Company has failed to provide Images according to the Delivery and Artistic Style descriptions in this Agreement. 

23. Prints. The Company does not guarantee the quality of any prints, albums, or other products through any third-party print service. The Company will not issue any refund for purchases made through any third-party print service. The Company is not responsible for delays in shipping, production, or manufacturing errors in albums or other physical products. The Company shall not be responsible for any loss or damage occurring during shipping. The Client is responsible for any additional fees associated with returning or reprinting products.

24. Model Release.  This document reflects the Client's express permission and granting of a nonexclusive, perpetual, irrevocable, right for the Company to use the Images created during the provision of the services contemplated in this Agreement in all forms and in all media, without any restrictions as to changes or alterations, for advertising, trade, promotion, exhibition or any other lawful purposes. The Client irrevocably waives the right to inspect or approve the Images or versions incorporating any of the Images, or the use to which it may be applied, including written copy that may be created and appear in connection therewith.  This release is intended to be the broadest possible release allowed by any applicable laws. This release is binding on behalf of the Client, and on behalf of their family and guests. Additionally, the Client specifically acknowledges that the Company may license the Company’s rights in the Images to other parties, including by way of example and not limitation, its subcontractors, and all compensation for use and credit for the Images remain the property of the Company.

25. Copyright & License. All Images produced by the Company are its property, will remain its property, and are protected by United States Copyright Laws (USC Title 17). The Client hereby waives any claims for ownership, income, editorial control, and use of the Images. Violations of this federal law will be subject to civil and criminal penalties. 

The Client will be granted the limited, nonexclusive, use license described below according to the described conditions.  This license is strictly limited to the terms and conditions below and governed by the copyright laws of the United States (Title 17 of the United States Code, as amended). The Client is prohibited from including, but not limited to, altering, editing, selling, or supplying Images to any third parties or vendors, entering Images into contests, submitting Images to online blogs or publications, applying for copyright registration for Images, preparing derivative works of Images, distributing Images, publicly displaying Images and publicly performing Images without the express written consent of the Company. 

Licensee:  

Licensor: Joy & Co. Photography, LLC

Effective Date:  

Duration: Perpetual

Revocability: The Licensor may terminate this license at any time, with or without cause.

Region: Worldwide

Exclusivity: Nonexclusive

Transferability: Nontransferable

Property: All Images

Rights: Reproduction rights are limited strictly to printing, electronic uploading, downloading, or transferring, and posting on any personal website(s) or social media account(s).

Conditions: Any use not specifically licensed in writing and signed by the Company is reserved to the Company. The licensed rights are not transferred to the Client until and unless (a) the Client accepts all terms contained in this Agreement, and (b) the Client pays the Total Amount, including any additional payments and fees, for Images, Services, and all related expenses.

Indemnity: The Client will indemnify and hold the Company harmless from all claims and expenses, including reasonable attorney’s fees, arising from the Client’s use of the Images.

26. Limitation of Liability. The Client will indemnify, release, defend and hold harmless the Company and the Company’s heirs, representatives, assigns, agents, employees, independent contractors, and any person(s) or corporations acting under permission or authority of the Company from and against any and all losses, claims, liabilities, damages, injuries, and expenses and costs of any nature, including reasonable expenses and attorneys' fees, investigation costs, and court costs arising from or relating to this agreement including, without limitation, the Client’s direct or indirect use of the Image(s), or in connection with the Company’s reliance on any representations, instructions, information or materials provided or approved by the Client, to which the Company may become subject as a result of any claim, demand, action or other legal proceedings by any third party to the extent such losses arise directly or indirectly out of activities performed by the Company pursuant to this Agreement.

THE CLIENT ACKNOWLEDGES THAT THE COMPANY WARRANTS ONLY THAT IT WILL PROVIDE THE CLIENT COMMERCIALLY REASONABLE EFFORTS PERFORMED IN A WORKMANLIKE MANNER TO PROVIDE PHOTOGRAPHY AND/OR VIDEOGRAPHY SERVICES. THIS IS A LIMITED AND NON-TRANSFERABLE WARRANTY AND IS THE ONLY WARRANTY GIVEN BY THE COMPANY. THE COMPANY MAKES AND THE CLIENT RECEIVES NO OTHER WARRANTY, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED AND WAIVED BY THE CLIENT. THIS STATED EXPRESS LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF THE COMPANY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES. THE CLIENT WAIVES ANY CLAIM FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES.

IN THE EVENT THE COMPANY FAILS TO FULFILL ITS OBLIGATIONS REQUIRED BY LAW OR THIS AGREEMENT, THE CLIENT’S EXCLUSIVE REMEDY AT LAW OR IN EQUITY AGAINST THE COMPANY, ITS AGENTS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, OR OWNERS IS LIMITED TO BREACH OF AGREEMENT AND FURTHER LIMITED TO A MAXIMUM RECOVERY OF DAMAGES, INCLUDING ATTORNEY’S FEES AND ANY COSTS, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO THE COMPANY PURSUANT TO THIS AGREEMENT. THIS LIMITATION OF LIABILITY APPLIES IN THE AGGREGATE TO EVERYONE, WHO IS DAMAGED OR HAS TO PAY EXPENSES OF ANY KIND, INCLUDING ATTORNEY FEES AND COSTS, BECAUSE OF MISTAKES OR OMISSIONS BY THE COMPANY OR ITS SUBCONTRACTORS, AGENTS OFFICERS, EMPLOYEES, OR OWNERS, IN ITS PROVISION OF THE SERVICES CONTEMPLATED BY THIS AGREEMENT OR REQUIRED BY LAW OR EQUITY. THE CLIENT ASSUMES THE RISK OF LOSSES GREATER THAN THE MAXIMUM DAMAGES DESCRIBED ABOVE. THE CLIENT ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY IS REASONABLE.

IF DURING THE EVENT AND/OR BEFORE THE IMAGES ARE DELIVERED TO THE CLIENT, THE IMAGES HAVE BEEN LOST, STOLEN, OR ARE UNUSABLE BECAUSE OF DEFECT, DAMAGE, EQUIPMENT MALFUNCTION, PROCESSING, OR OTHER TECHNICAL ERROR CAUSED BY THE COMPANY OR BY FORCES OUTSIDE THE CONTROL OF THE COMPANY, THE CLIENT AGREES TO RELIEVE AND HOLD THE COMPANY HARMLESS AND WILL NOT IMPOSE ANY ADDITIONAL LIABILITY.

THE CLIENT AGREES TO RELIEVE AND HOLD THE COMPANY HARMLESS FOR ANY COMPROMISED COVERAGE DUE TO REQUIRED MEALS AND BREAKS AND CAUSES BEYOND THE COMPANY’S CONTROL INCLUDING, BUT NOT LIMITED TO, OTHER PEOPLE’S CAMERA OR FLASH, THE LATENESS OF THE CLIENT, FIANCE, FAMILY MEMBERS, AND BRIDAL PARTY MEMBERS OR OTHER VENDORS OR PRINCIPLES, WEATHER CONDITIONS, SCHEDULE COMPLICATIONS, RENDERING OF DECORATIONS, OR RESTRICTIONS OF THE VENUES OR OFFICIANT. THE CLIENT FURTHER AGREES TO RELIEVE AND HOLD THE COMPANY HARMLESS FOR EXISTING BACKGROUNDS, OBTRUSIVE OBJECTS, OR LIGHTING CONDITIONS THAT MAY NEGATIVELY IMPACT OR RESTRICT THE IMAGE COVERAGE.

IN NO EVENT WILL THE COMPANY BE LIABLE UNDER THIS AGREEMENT TO THE CLIENT OR ANY OTHER THIRD-PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT THE CLIENT WAS ADVISED OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

27. Force Majeure. No Party will be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) severe weather conditions of any type (c) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (d) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (e) action, order, law, or requisition by any local, state or federal governmental authority, unit or agency; (f) actions, embargoes or blockades in effect on or after the date of this Agreement; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) House Rules of the facility where the event is held (i.e. no flash photography or limitations as to where photographer and/or videographer may stand), equipment, technology, or software failure, (j) shortage of adequate power or transportation facilities, and (k) any event considered a force majeure, or any other event or act outside the control of the Impacted Party. The Impacted Party will give Notice within three (3) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party will resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured on the Date of Event, the other Party may thereafter terminate this Agreement upon Notice. The Retainer and all other payments made by the Client up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments will be credited to the Client’s account and must be used within one (1) year from the date of Notice of the Force Majeure Event, after which the Company will retain all credit granted.

28. Harassment. In the event Company or any of its agents experience or are made aware of any inappropriate, threatening, hostile, or offensive behavior from Client at any time during the contractual period or from any person at the Event (including, but not limited to, unwelcome sexual advances, verbal or physical conduct of a sexual nature, or physical or verbal harassment related to race, sex, creed, color, marital status, sexual orientation, family status, and/or disability), Company will terminate services immediately and/or leave the Event, and this Agreement shall be deemed terminated. Upon termination due to harassment, Company shall be entitled to retain all monies paid and Client agrees to relieve and hold Company harmless as a result of incomplete services.

29. Safe Working Environment. The Client understands and agrees that the Company maintains a safe work environment at all times and makes commercially reasonable efforts to comply with all health and safety laws, directives, rules, and regulations. The Client further understands and agrees that during the Event the Client and the Client’s agents will not request the Company to do anything illegal or unsafe. Further, the Company will not provide Services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, unhealthy air quality, violence, threat of injury or harm, or other similar occurrences. If any of these circumstances arise, the Company reserves the right to reschedule their Services, end Service Coverage immediately, leave the Event, the Company is entitled to retain all monies paid, and the Client agrees to relieve and hold the Company harmless as a result of incomplete Services.

30. Jurisdiction and Venue. This Agreement will be governed by, and construed according to, the laws of the State of Texas including all matters of construction, validity, performance, and enforcement, and without giving effect to the principles of conflict of laws.  The parties agree that in the event of any dispute relating to this Agreement, the parties will first attempt to resolve the dispute by good faith negotiations, in the event such negotiations fail, the parties will participate, in good faith, in a full day mediation in Travis County, Texas with a mediator agreed to by the parties, whose fees will be borne equally by both parties.  If the parties cannot agree on a mediator, they will request that the then-presiding ancillary judge of Travis County Texas appoint a mediator who will preside over the mediation.  In the event that mediation is not successful, the parties agree that the exclusive venue for the resolution of disputes relating to this Agreement will be arbitration.  The arbitration will be through the American Arbitration Association, using the Consumer Arbitration Rules.  The costs of the arbitration will be paid equally by both parties unless otherwise allocated by the Arbitrator.  There will only be one arbitrator.  The decision of the arbitrator will be binding and there will be no appeal therefrom.  The parties agree that the arbitration will be confidential, including the result of the arbitration. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration will be resolved exclusively in a federal or state court of competent jurisdiction located in Travis County, Texas. This Agreement is formed in, and performable in, Travis County, Texas. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.

31. Severability & Waiver. No waiver or modification may be made to this Agreement unless in writing and signed by both the Client and the Company. Waiver of any one provision of this Agreement will not be deemed to be a waiver of any other provision of this Agreement.  Failure to enforce any provision of this Agreement will not be a bar to enforcing that provision subsequently. Any failure by one or both Parties to enforce a provision of this Agreement will not constitute a waiver of any other portion or provision of this Agreement. This Agreement will be construed as if it were drafted equally by both parties. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will remain valid and enforceable.

32. Assignment. The Client may not assign any of its rights or obligations under this Agreement without the prior written consent of the Company. The Company may grant or withhold its consent at its sole and absolute discretion. The Company may charge a fee for granting its consent.  If consent is granted by the Company, the Company will only consent to such transfer or assignment if the assignee or transferee agrees in writing to be bound by all terms of this Agreement.

33. Entire Agreement. This is a binding Agreement that incorporates the entire understanding of the Parties and supersedes any other written or oral agreements between the Parties. No waiver or modification may be made to this Agreement unless in writing, signed by all Parties, and physically attached to the original agreement.

34. Counterparts; Facsimile Signatures. A copy of this Agreement may be executed by each individual/entity separately, and when each has executed a copy thereof, such copies, taken together, will be deemed to be a full and complete agreement between the Parties. The Parties agree that a facsimile copy (electronic copy) of this Agreement, which contains the Parties’ signatures, may be used as the original.

35. Signatures. Each Party has read, understands, and agrees to the Terms and Conditions of this Agreement:

Client:





Company: