The person(s) whose signature(s) appear on this contract, known as “Client”, agree that Kay Lee (Kyuho Lee), known as “Photographer”, shall provide services to photograph the client and related events to the best of his abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of the Province of Ontario shall govern this contract. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
– Retainer and Payment:
Client shall reserve the time and date of services by this contract and by paying $50 non-refundable retainer. The remaining balance due for the photography services must be paid 3 days PRIOR to the event. In the event Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend this event. Date of even will NOT be reserved for client until $50 non-refundable retainer is received and photographer has the right to schedule other events on specified day.
Cancellation must be made in online booking system, or by email. If Client fails to request cancellation 14 days before the session date or cancels within 14 days of the event, Client shall be required to pay the full balance due. If client cancels more than 14 days before the event, all moneys (minus non-refundable retainer) will be returned to the client within 6-8 weeks of notice of cancellation.
In the event that Client reschedules the session and Photographer is able to rebook the original date, Client will receive credit for all monies already paid. A new contract may be required. The new package price will remain the same. In the event that Client reschedules the event and Photographer is not able to rebook the original date, Client forfeits any monies already paid.
If Photographer or his agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, equipment failure and if she cannot provide another competent professional, all money received by Photographer, will be returned to Client, and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
– Digital Gallery:
Upon receipt of a photo digital gallery (within 4-8 weeks of event), Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to access images provided. It is Client’s responsibility to make sure that digital files are copied to new media as required.
Unless agreed upon in advance, Kay Lee (Kyuho Lee) shall be the exclusive photographer retained for the event. Photographer may bring one assistant or second shooter at his discretion or as agreed upon. Videographers and other vendors as well as semi-professional photographers must not obstruct or interfere with the official photography. Photographer is not responsible for compromised coverage due to causes beyond his control such as others camera or flash, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiant. Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage.
Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up email for documentation. If email is sent, confirmation of receipt must be obtained.
Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the event day and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use his professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
– Image Processing/Printing:
Unless agreed upon prior to any editing work, digital galleries and/or proof sets may contain a mixture of color, and black and white images. An alternately colored version of a photo may be purchased at the current rate. Limited color correction and/or retouching are included at Photographer’s discretion. Client may request further changes for an additional charge. Photographer is not responsible for any prints that are not ordered directly from him. For best results, clients with the high-resolution files should order their prints through a reputable lab.
– Model Release:
This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Kay Lee (Kyuho Lee). Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
All photographs taken by Kay Lee (Kyuho Lee) are his property, will remain his property and are protected by the copyright law of Canada. Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties.