Elizabeth Lafargue Photography
• PARTIES: The person(s) whose signature(s) appear on this contract, hereinafter referred to as "Client", agree that Elizabeth Lafargue Photography, hereinafter referred to as “Elizabeth Lafargue Photography," shall provide services to photograph their session to the best of their ability, in the manner described in this contract.
• FEES: In consideration for providing photography services, Client agrees to pay Elizabeth Lafargue Photography the amount mentioned when client booked Elizabeth Lafargue Photography. Payment is due when this agreement is signed, unless other plans are agreed upon.
• Method of Payment: Payment may be made by:
• check (written to Elizabeth Lafargue)
• online payment through elizabethlafargue.com (Stripe) - (includes 3% convenience charge)
• ENTIRE AGREEMENT: This contract has been freely negotiated and shall be recognized as the entirety of the agreement between Elizabeth Lafargue Photography and the Client. It supersedes all prior and simultaneous agreements between the parties. Only those changes or modifications specifically placed in writing, attached, dated and signed by the Client and Elizabeth Lafargue Photography at the time of acceptance of this contract shall be recognized as amendments to this contract.
• RESERVATION: Upon Client's signature, Elizabeth Lafargue Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. Because Elizabeth Lafargue Photography may forgo opportunities to book other business on the Event Date, the payment amount stated is non-refundable for any reason. The Client understands and agrees that the entire amount owed for the photography session described in the contract is due prior to delivery of the final images.
• CANCELLATION: In the event that the Client cancels the photography services outlined in this contract before the photography session takes place, the Client agrees to pay Elizabeth Lafargue Photography liquidated damages equivalent to the payment amount stated above.
• TERMINATION AND CANCELLATION: In the unlikely event that Elizabeth Lafargue Photography is unable to provide the services described in this Agreement on the Event Date for any reason including, but not limited to, illness, injury, emergency, or act of God, sudden event or other circumstances beyond the control of Elizabeth Lafargue Photography, a substitute photographer may be sent at no cost to Client. This contract will be transferable to said photographer. If the Client declines the substitute photographer 24 hours prior to the event, the Client may instead terminate this Agreement, and receive a full refund of all money paid.
• In the event Client fails to make any installment payment due as described under the Payment section of this Agreement within ten (10) days of its due date, Elizabeth Lafargue Photography shall have the right to immediately terminate this Agreement. Prior payments will not be returned.
• Return of Monies Paid:
• In the event that any refunds are due under the terms of this Agreement, Elizabeth Lafargue Photography will effect such refunds to the person or entity from whom or which the funds derived.
• COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Elizabeth Lafargue Photography is not responsible for key individuals’ failure to be present or willing to cooperate during photography sessions, neither for missed images due to details not revealed to Elizabeth Lafargue Photography.
• COVERAGE: Elizabeth Lafargue Photography will provide coverage for the date, locations and continuous hours specified. Elizabeth Lafargue Photography is not responsible for compromised coverage due to causes beyond their control such as weather conditions or schedule complications.
• FINAL IMAGE DELIVERY: After the photography session, Elizabeth Lafargue Photography will provide the Client with DVD that will contain all of the edited digital images. Images determined by Elizabeth Lafargue Photography, in their sole discretion, to be substandard or duplicated may be edited out.
• COMPLETION SCHEDULE: Digital processing takes approximately 2-4 weeks from the event date, depending on Elizabeth Lafargue Photography’s workload.
• DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: All photographs, digital negatives and prints produced by Elizabeth Lafargue Photography are protected by U.S. Copyright Law (U.S.C. Title 17) and may not be reproduced in any manner without Elizabeth Lafargue Photography’s explicit written permission. Images may not be edited by Client or other persons unless permission is given by Elizabeth Lafargue Photography. Client hereby waives any claims for ownership, income, editorial control and use of the images. However, upon final payment by the Client, a limited license to use the resulting images will be transferred to the Client under the following conditions:
• The negatives and/or digital files, if provided by Elizabeth Lafargue Photography, may be used by the Client for limited personal use, including electronic reproduction and distribution of photographs to friends and relatives.
• The Client shall not publish, sell, or otherwise use the images for any unauthorized personalor commercial purpose without the express written consent and compensation of Elizabeth Lafargue Photography. The Client shall take all necessary measures to prevent the unauthorized use and distribution of Elizabeth Lafargue Photography images, and shall not knowingly provide images to friends or family members for their unauthorized personal, or commercial purposes.
• Images may be used on personal web sites and social media as long as a copyright notice appears near the images stating that they were taken by Elizabeth Lafargue Photography as well as a web link to www.elizabethlafargue.com is prominently displayed on the web site or picture.
• MODEL RELEASE: Client hereby assign(s) and grant(s) Elizabeth Lafargue Photography and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby release(s) Elizabeth Lafargue Photography and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Elizabeth Lafargue Photography may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Elizabeth Lafargue Photography.
• LIMIT OF LIABILITY: Elizabeth Lafargue Photography assures that every effort will be made to provide high quality photographic services. In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Elizabeth Lafargue Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
Elizabeth Lafargue Photography takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional-grade backup equipment. However, in the unlikely event ofthe Client's photographs being lost, stolen or destroyed for reasons within or beyond Elizabeth Lafargue Photography’s control, the latter’s liability is limited to the return of all payments received for the event package. In no event shall Elizabeth Lafargue Photography's liability exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
• CAPACITY: The Client affirms that he/she is at least 18 years old and has the capacity to enter into a contract with Elizabeth Lafargue Photography.
• EMPLOYMENT STATUS: Elizabeth Lafargue Photography is an independent contractor and not an employee of the Client.
• JURISDICTION & SEVERABILITY: The laws of the State of Louisiana shall govern this contract, and any resulting litigation or arbitration shall take place within Orleans Parish. Client assumes responsibility for all collection costs and legal fees incurred by Elizabeth Lafargue Photography should enforcement of this contract become necessary. In the event that any part of this contract is found to be invalid or unenforceable, the remainder of this contract shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this contract shall not constitute a waiver of any other portion or provision of this agreement.
• FORCE MAJEURE: Neither party is liable for failure to perform their obligations under this contract if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. Neither party is entitled to terminate this Contract under Clause 7 (Termination & Cancellation) in such circumstances.
If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that they took reasonable steps to minimize delay or damages caused by foreseeable events, that they substantially fulfilled all non-excused obligations, and that they timely notified the other party of the likelihood or actual occurrence of an event described in Clause 26 (Force Majeure).
By checking the box, the contract signee listed below states that they have read, understand and agree to the terms and conditions of this Agreement. The person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.