Client Service Agreement
Entered into on _____________________
Event is on _________________________
Known as "Vendor"
Tatiana Kahl Photography LLC
Known as "Client"
Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."
Purpose of the Agreement
Client wishes to hire Vendor to provide services relating to Client’s ___________________as detailed in this Agreement. Vendor has agreed to provide such services according to the terms of this Agreement.
Vendor shall provide Client with the following services and/or products ("Services"):
High resolution edited pictures
Location and Delivery of Services
Location. Vendor shall deliver Services to Client at the following location:
Delivery of Services.
The vendor will provide all Services by____________________________________unless otherwise specified in this Agreement. When the provided Services are tied to the number of guests that the Client expects to attend the Client's __________, the Client agrees to notify the Vendor with an accurate guest count.
Cost, Fees and Payment
Cost. The total cost ("Total Cost") for all Services is __________________due in full by __________________ . The Client agrees that the retainer fee fairly compensates Vendor for committing to provide the Services and turning down other potential projects/clients.
Exclusivity. The client understands and agrees that he or she has hired Vendor exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Vendor hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business.
Permitted Uses of Product(s). Vendor grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provide Vendor with attribution each time Client uses Vendor’s property. Personal use includes, but is not limited to, use within the following contexts:
In photos on Client’s personal social media pages or profiles; or
In personal creations, such as a scrapbook or personal gift; or
In personal communications, such as a family newsletter or email or holiday card.
Style. The client has spent a satisfactory amount of time reviewing the Vendor’s work and has a reasonable expectation that the Vendor will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Consistency. The vendor will use reasonable efforts to ensure the Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client. However, the Client understands and agrees that:
Every client is different, with different tastes, budgets, and needs;
Photography services are often a subjective art and Vendor has a unique vision, with an ever-evolving style and technique;
The vendor will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
Although the Vendor will use reasonable efforts to incorporate the Client’s suggestions and desires when providing Client with the Services, Vendor shall have the final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with the Vendor's aesthetic judgment or artistic ability is not valid reasons for termination of this Agreement or request of any monies returned.
Limit of Liability
Maximum Damages. The client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Vendor.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Vendor shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Vendor provides to Client.
Cancellation, Rescheduling and No-Shows
Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Clients, such as failure of the ______________to occur or failure of one or more essential parties to them _______________ to show up in a timely manner, Client shall provide notice to Vendor as soon as possible via the Notice provisions detailed in this Agreement. Vendor has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client), and Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost. The client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the ______________, or should it become impossible for Vendor to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Vendor is able to secure another, unrelated client for _______________________________________________, then Vendor may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.
Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Failure to Perform Services. In the event Vendor cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
Excuse Client of any further performance and/or payment obligations in this Agreement.
Governing Law. The laws of Indiana govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Client Email: ___________________________
Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the _________________________and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.