Portrait Coverage Creative and Service Agreement

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For round trips of more than 8 hours, the travel fee will be $400 plus lodging and transportation as necessary (subject to market prices).


The Agreement

This agreement constitutes the entire understanding between Nam Tatum LLC and the above client, including any other persons involved in the images. It supersedes all prior and simultaneous agreements between the parties, whether verbal or written. Clients or Nam Tatum LLC must make any modifications or additions to this agreement in writing and signed by all parties involved. The waiver or alteration of any provision of this agreement does not imply the release of any other provision, and the client must sign a new agreement clause for such changes to take effect. The laws of the State of Virginia shall govern this agreement.

Terms and Conditions

SESSION FEE | Client(s) agrees to secure the session by making a full payment through the website at the time of booking. The session fee includes time on-site and time editing, with a portion designated as a non-refundable retainer fee. The retainer fee, constituting 25% of the total session fee, is required to secure the session at the time of booking. Client(s) further agrees to pay any remaining applicable travel or additional fee balance (if any) agreed upon no later than 14 calendar days before the session date booked. Photography services or travel will only occur once all payment is complete.

TRAVEL FEE | The session fee for Nam Tatum LLC services includes local travel within a reasonable time frame of up to 3 hours (round trip) from the business office location of Nam Tatum LLC. Travel fees for round trips are as follows (from zipcode 22192):

Up to 3 hours & all Mini Sessions: $0

3-5 hours: $250

5-8 hours: $400

For round trips of more than 8 hours, the travel fee will be $400 plus lodging and transportation as necessary (subject to market prices).

***Travel fees are discussed and agreed upon before booking and will be finalized during booking. Any additional travel-related expenses will be communicated and agreed upon before the event unless otherwise specified and will be invoiced separately. Travel fees are non-refundable once the required travel for the service starts. This travel fee structure is in effect until further notice.

LOCATION | The client(s) is required to notify the photographer of the site desired. The client(s) is responsible for scheduling and receiving permission to use various locations for photography. If a venue requires fees to reserve the location and parking fee, it shall be the client('s) sole responsibility to pay for such fees and arrange for any necessary permits in advance. If applicable or required, the parking fee will be charged to the client on a separate invoice before the gallery is delivered. Nam Tatum LLC will not be held responsible for any fees/tickets that may occur due to violating permits required at the client's location, including the inability to attend sessions caused by fee discrepancies (clients agree to pay for such fees).

EXCLUSIVE PHOTOGRAPHER | Nam Tatum LLC shall be the only exclusive photographer retained by the client(s) for the agreed-upon session. No other professionals or personnel are permitted to photograph the client(s) during the session without permission of Nam Tatum LLC before agreement upon this contract (including family and friends). The photographer will notify the client if the party interferes with the photographer's duties. If the problem persists, coverage may end immediately with no further liability to finish the coverage or deliver the package components, with no refunds given. 

CANCELLATION | If the client(s) cancel the scheduled session for any reason before the execution date, the client(s) agrees to forfeit 25% of the retainer fee paid with the session fee. Suppose the client(s) wish to cancel the session. In that case, the photographer must be notified at least 30 calendar days before the session date to be eligible for a full refund of the booking and travel fee (excluding the non-refundable retainer fee). Any cancellation later than 30 days before the session date will be eligible for a 75% refund (excluding the non-refundable retainer fee). Suppose the client(s) fail to arrive for the appointed session or arrive later than 10 minutes of the session time without prior notification. In that case, the entire session will be forfeited, and Nam Tatum LLC will not refund the session fee (including travel fees). Clients must notify Nam Tatum LLC of cancellations or rescheduling requests by email or text.

RESCHEDULE | If any circumstances prevent client(s) from attending the session, clients must reschedule the session within 14 days and execute the session within three months from the original session date booked to retain the booked session fee rate. Clients must notify the photographer at least 72 hours before the session date and time for any reschedules except for emergencies out of the client's control. Nam Tatum LLC reserves the right to reschedule due to illness, emergency, equipment failure, or circumstances beyond their control. Rescheduling requests due to emergencies must be supported by documented evidence or reasonable justification, to be determined at the discretion of Nam Tatum LLC. Clients must notify Nam Tatum LLC of cancellations or rescheduling requests by email or text.

RE-SHOOT | A re-shoot is at the photographer's discretion. Re-shoots may be considered at the photographer's discretion in cases of [technical issues, photographer's dissatisfaction with final images, unforeseen weather during the session, unexpected events during the session], subject to mutual agreement between Nam Tatum LLC and the client. The re-shoot may not take place for reasons such as poor wardrobe, hair, makeup, weather, or disregarding the photographer's requests by any subjects. All previous images, galleries, or offers may be void once the re-shoot is considered and agreed upon. A re-shoot will be ineligible if any delivered images are downloaded. The photographer is not obligated to perform glamour retouching, such as altering the physical appearance and wardrobe of the client(s) or fixing blemishes, and will not be responsible for a re-shoot or a refund for these reasons.

HOUSE RULES | Nam Tatum LLC is limited by the guidelines of property officials and site management. The client agrees to accept the technical results of their imposition on Nam Tatum LLC. Any negotiations with officials for moderation of guidelines are the client's responsibility. Nam Tatum LLC will offer technical recommendations only.

LIMIT OF LIABILITY | In the unlikely event of severe medical, natural, or other emergencies, it could be necessary to obtain a different photographer. Nam Tatum LLC will make every effort to secure a skilled replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the session. Nam Tatum LLC takes the utmost care concerning photograph exposure, transportation, and processing, including professional-grade backup equipment. However, in the unlikely event that photographs are lost, stolen, or destroyed for reasons within or beyond Nam Tatum LLC's control, Nam Tatum LLC's liability is limited to the return of all payments received for the session, excluding the retainer fee amount.

NON GUARANTEE | Nam Tatum LLC will take every possible care to produce digital photographs of the session; Nam Tatum LLC cannot place an unconditional guarantee on the above. Nam Tatum LLC will not be held responsible for any ruined or missed photographs due to any reason, including guests' flashes, equipment malfunction, late or missing guests, or any other cause within or outside of Nam Tatum LLC's control.

COOPERATIVE AGREEMENT | The subject/s photographed agree to positive cooperation and communication for the best possible result within the definition of this assignment. Nam Tatum LLC is not responsible for any individual's failure to be present or to cooperate during photography sessions. Additionally, the client is responsible for the conduct of their party, and guest conduct that interferes with photography will affect the quality and quantity of photographs taken. Any behavior by the client(s) or their guests that poses a threat to the safety of Nam Tatum LLC, their assistants, or equipment, including but not limited to [list examples, e.g., aggressive behavior, possession of weapons], may result in immediate termination of coverage without liability for further services or refunds.

PACKAGE COMPONENTS | Digital images delivered will be edited and available for download via an online live gallery for one month and archived for three months. Nam Tatum LLC will store The images for 12 months for safekeeping. It is for the client's personal use only and is not to be used in any way other than personal printing and preserving; this includes, but is not limited to, giving files and pictures to other wedding vendors, photographers, album design companies, or magazines for publication. Nam Tatum LLC is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or online media host that might result in an inability to keep the gallery online. Nam Tatum LLC ensures the storage of images through numerous means. However, Nam Tatum LLC cannot guarantee to maintain the perpetual life of all images. Therefore, it is advised that once the client(s) has possession of the images, they are stored in a safe place. If applicable, backups of the purchased photo are made into discs or other digital media storing devices. All galleries are delivered promptly; the delivery period will not exceed 30 days from the session date.

CREATIVE LICENSE | Images are edited at the photographer's discretion, and delivered files may not include all images shot. Nam Tatum LLC reserves the creative right to edit and release only those files deemed credible as "professional" in quality and the photographer's artistic standards.

RAW IMAGE FILES | Nam Tatum LLC retains exclusive rights to all RAW image files. The client understands and agrees that RAW image files are not included in the final delivery of edited images. The client shall not have access to or be provided with any RAW image files from the session

COMPLETION OF SERVICE | Once the event coverage is completed, the service labor is considered complete, and no refund will be given for any reason. All services agreed upon will be considered rendered once the gallery is delivered, whether downloaded or not. No partial refund shall be given for any reason once any image in the delivered gallery is downloaded. It is understood that the client's satisfaction with the delivered gallery constitutes acceptance of the services provided, and any subsequent requests for refunds or partial refunds will not be entertained. Additionally, any additional services requested after the gallery delivery, such as additional retouching via Photoshop or requests for black and white images or colored images, may incur additional charges, which will be communicated to the client and agreed upon before any work is carried out.

COPYRIGHT AND REPRODUCTION | All images created by Nam Tatum LLC shall be protected by copyright. Nam Tatum LLC shall retain the exclusive rights to reproduce the images for any purpose, including but not limited to a portfolio, sample, self-promotion, photographic contest, art exhibition, or editorial use. The client acknowledges and agrees that Nam Tatum LLC holds the sole and exclusive rights to the images created, and no one else, including the client, shall have the right to alter, modify, or edit the images without the explicit written consent of Nam Tatum LLC. Images delivered are for the client's personal use only and are not to be used in any way other than personal printing and preserving; this includes but is not limited to clients directly giving files and pictures to other wedding vendors, photographers, album design companies, or magazines for publication. Nam Tatum LLC reserves the right to use the images for self-promotion, portfolio, sample, photographic contest, art exhibition, or editorial use. Suppose the client wishes to restrict vendors from using the images delivered. In that case, the client(s) must submit a written request (which will only apply to this function and only to images that identify the client's face or name), excluding Nam Tatum LLC's rights to use the images for their business promotional purposes. Any unauthorized use, reproduction, or distribution of the images by any party without the express written permission of Nam Tatum LLC is strictly prohibited and may be subject to legal action. By engaging Nam Tatum LLC for photography services, the client agrees to respect and uphold the copyright of the images and acknowledges that Nam Tatum LLC retains all rights to the images created. 

LIMITATION OF LIABILITY (Cyber Hacking and Loss of Images) | Nam Tatum LLC shall not be responsible or liable for any damages, losses, or breaches arising from cyber hacking, unauthorized access, or theft of images stored on its mediums, including but not limited to servers, cloud storage, or any other storage systems used by Nam Tatum LLC. Clients acknowledge and agree that the security of digital assets, including images, is inherently vulnerable to hacking and unauthorized access by third parties. By utilizing the services provided by Nam Tatum LLC and storing images on its mediums, clients expressly release Nam Tatum LLC from any liability, claims, demands, or damages resulting from any unauthorized access, cyber hacking, or theft of images, whether due to Nam Tatum LLC's negligence or otherwise. Clients understand and accept the risks associated with storing images digitally and voluntarily assume such risks. Clients further agree not to pursue any legal action, claims, or demands against Nam Tatum LLC for any losses, damages, or breaches arising from cyber hacking or the theft of images, whether or not such losses are directly or indirectly related to Nam Tatum LLC's services.

RIGHT TO CANCEL | Nam Tatum LLC reserves the right to cancel the agreement for any reason up to 7 days before the session date. In the event of cancellation by Nam Tatum LLC at any timeframe, Nam Tatum LLC will issue a full refund to the client (including the reservation fee). 

SEVERABILITY | If any provision of this agreement is held invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect. By paying the booking fee (if any), the client(s) state they have read and understand the terms of this contract. Clients may be asked to sign this document during their scheduled session. Regardless, the client(s) agree to abide by the terms of this contract by paying the booking fee.

Nam Tatum LLC (Nutsinee Tatum) acknowledges and agrees to be bound by all the terms and conditions outlined in the Creative and Service Agreement above. Nam Tatum LLC commits to upholding and abiding by the agreement's provisions with the same level of commitment as the client. This agreement shall become binding and effective upon receiving and collecting payment from the client.

Thank you for choosing Nam Tatum!

*JUMPS FOR JOY*

 

Thank you for choosing me to be your photographer! I'm excited to work with you and create some amazing photographs!

 

Be Weird & Stay Happy!

Nam Tatum

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