Services Agreement
THIS AGREEMENT is made as of (the “Effective Date”) between (“Client”), and Rhiannon Captures (“Photographer”).
1. Engagement of Photographer
1.1 Services. Subject to the terms set out herein, Client engages Photographer to provide, and Photographer agrees to provide, the photography and video services agreed in writing between Parties specified via email (the “Services”).
Description of Services:
A consultation before the assignment.
Photographic and/or B-roll Video coverage for the times of the project.
Professional editing and archiving of selected content by the photographer.
A downloadable online photo gallery hosted on rhiannoncaptures.pixieset.com is guaranteed for two years for images only.
Exclusivity. Client acknowledges and agrees that Photographer will be the exclusive provider of the Services unless otherwise agreed to by the parties in writing.
2. Fees and Payment
2.1 Fees. The Client will pay the Photographer 25% of the total fee as a deposit to secure Rhiannon Captures’ services. The deposit will be specified in the booking agreement via email and deducted from the total fee (“Deposit”).
2.2 Retainer. Client acknowledges and agrees that the retainer amount of £100 is not refundable (“Retainer”), to fairly compensate Photographer for committing her time to provide the Services and turning down other potential projects or clients. Both parties agree that the Retainer will be credited towards the total Fees payable by the Client.
2.3 Invoice. The Photographer will issue an invoice to the Client upon agreement of the Services (“Invoice”). The Client agrees to pay all Fees outstanding the day your image gallery has been delivered (set out in Section 2.1). Turnaround time for the image gallery is within 14 days of the Event.
2.4 Non-payment. In the event of non-payment within 30 days from the completion of services, the Client shall be liable to pay a late payment fee of 5% of the original invoice total. This late payment fee will be added to the outstanding balance.
3. Client Responsibilities
3.1 Required Consents. The Client will ensure that all required consents, as applicable, have been obtained before the performance of the Services, including any consents required for the performance of Services and the delivery of Work Product by Photographer and, as applicable, from venues or locales where the Services are to be performed or from attendees or participants of the photo shoot.
4. Photographer Responsibilities
4.1 Equipment. The Client will not be required to supply any photography equipment to the Photographer.
4.2 Manner of Service. The Photographer will ensure that the Services are performed in a good, expedient, workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with the Client’s activities.
4.3 Photography Staff. The Photographer will ensure that all Photography Staff (employees, assistants or other parties engaged by the Photographer to assist with the Services):
Comply with the reasonable directions of Client from time to time regarding the safety of attendees or participants at the photo shoot and applicable health, safety, and security requirements of any locations where the Services are provided.
Ensure that Work Product meets the specifications set out in Section 1.1 in all material respects.
The Photographer will be responsible in every respect for the actions of all Photography Staff.
4.4 Insurance. The Photographer undertakes to obtain professional liability insurance concerning her services as a photographer.
5. Artistic Release
5.1 Consistency. The Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with the Photographer’s current portfolio, and the Photographer will use reasonable efforts to consult with the Client and incorporate any reasonable suggestions.
5.2 Style. Client acknowledges and agrees that:
The Client has reviewed the Photographer’s previous work and portfolio and has a reasonable expectation that the Photographer will perform the Services in a similar style.
The Photographer will use her artistic judgement when providing the Services, and shall have the final say regarding the aesthetic judgement and artistic quality of the Services; and disagreement with the Photographer’s aesthetic judgement or artistic ability is not a valid reason for termination of this Agreement or request of any monies returned.
6. Term and Termination
6.1 Term. This Agreement will begin on the (“Effective Date”) and continue until the latter of (i) the date where all outstanding Fees under this Agreement are paid in full, or (ii) the date where all final Work Product has been delivered (“Term”).
6.2 Cancellation. Client may terminate the Agreement (“Cancellation”) by providing Photographer with written notice no later than 72 hours before the original date of the Services (the “Minimum Notice”). Client acknowledges and agrees that Client is not relieved of any payment obligations for Cancellations and Rescheduling unless the Minimum Notice following this Article 6 is duly provided or unless the parties otherwise agree in writing.
6.3 Rescheduling. In the event of Rescheduling, the Photographer will use commercially reasonable efforts to accommodate Client’s change. If the Photographer is not able to accommodate the Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by the Client and the Photographer will be under no obligation to perform the Services other than on the original date of the Services.
6.4 No Refund. Client acknowledges and agrees that Cancellation will not result in a refund of any fees paid after 72 hours (the “Minimum Notice”). However, the Client will be refunded the Deposit of less than £100 given within the notice period (“Retainer”).
6.5 Replacement. If the Photographer is unable to perform the Services, the Photographer, subject to Client’s consent, which is not to be reasonably withheld, shall cause a replacement photographer to perform the Services under the terms of this Agreement. If such consent is not obtained, Photographer shall terminate this Agreement and shall return the Retainer and all fees paid by Client, and thereafter shall have no further liability to Client.
7. Indemnity and Limitation of Liability
7.1 Force Majeure. Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed (other than the Retainer) shall be returned within 14 days of the date of termination of the Agreement.
7.2 Failure to Deliver. Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for Work Product that fails to meet the specifications set out in Section 1.1 due to the actions of Client or attendees or participants at the photo shoot that are beyond the control of Photographer (e.g., camera flashes).
8. General
8.1 Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time on which the Notice is sent:
Photographer’s Email: hello@rhiannoncaptures.com
8.2 Governing Law. This Agreement will be governed by the laws of England and Wales.
8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the Services and supersedes all prior agreements and understandings both formal and informal.
8.4 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision, and all other provisions will continue in full force and effect.
By engaging the services of Rhiannon Captures, the Client acknowledges that they have read, understood, and agreed to these terms and conditions.
Rhiannon Duffin, Rhiannon Captures
Email: hello@rhiannoncaptures.com