Contract
This Agreement is a contract between you and Pamela M. Butler Photography.
In this Agreement, “you," “your” or "client" refers to you.
By indicating “I AGREE,” by successfully submitting this form, you agree to the terms and conditions of this Agreement. You further agree that this Agreement forms a legally binding contract between you and Pamela M. Butler Photography, and that this Agreement constitutes “a writing signed by You” under any applicable law or regulation.
Services/Rates
— 2 hours of coverage
— in-studio
— 2 headshots (can be two different looks)
— 6 inventory
— 4 stock images
The fee is $0
Payment Methods
Payment can be delivered in the form of major credit cards (processed only via invoices shared through Waveapps.com) or checks made out to Pamela M. Butler.
In the case of payment by check, you agree to pay a $50.00 processing fee for each check submitted that is returned by the financial institution for any reason, including insufficient funds and/or a closed account.
Proof Selections & Payment Terms
Pamela M. Butler Photography will provide an online proof sheet. You must select and communicate (in alignment with the "Notices" section) the proofs you'd like to purchase. Once selections are made, Pamela M. Butler Photography will then proceed to edit/retouch those photos.
Pamela M. Butler Photography will then tally up and send an invoice based on the final number of proof selections. The invoice must be paid in full before the full-resolution files will be provided.
You are not permitted to share proofs on social media or any public-facing medium. You are not permitted to print proofs as final photos.
If you share proofs on social media, Pamela M. Butler Photography will send you an invoice for those proofs.
Final Files
Pamela M. Butler Photography will provide a link to download high-resolution JPEG files of the final-selected photos.
Pamela M. Butler Photography will not provide the RAW files at any point or for any reason.
If files are requested again at a later date, and the download link no longer works requiring Pamela M. Butler to provide it again, a service charge of $25 will apply.
Copyrights
Pamela M. Butler Photography is an independent contractor to You unless specifically agreed otherwise in writing.
You retain the ownership and copyrights for all approved, selected and paid-in-full photographs.
Pamela M. Butler Photography retains the ownership and copyrights for any photograph showcased during the process, ultimately not formally selected and not paid-in-full by You.
You have exclusive rights of ownership, assignments, licensing and use of approved, finalized and paid-in-full assets, as well as the right to create derivative works of this content unless the work, video, programming scripts, etc., are the intellectual or other property of a third party.
Equipment Damage
You are responsible for the loss, damage or destruction of any and all equipment, furniture or property located in Pamela M. Butler Photography's studio, or utilized in an off-site photo session, in which you are the direct or accidental cause of the loss, damage or destruction.
In the case of loss, damage or destruction caused by you, you will be responsible for compensating Pamela M. Butler Photography as per the value of that equipment, furniture or property within 21 days.
Equipment Configuration
You are not permitted to take photos of the lighting and equipment setup utilized for the session, as the setup is the copyright and intellectual property of Pamela M. Butler Photography.
Tardiness
If you are 30 minutes late to a scheduled session, a $50 additional fee will be applied to your final invoice.
If you are 60 minutes late to a scheduled session, Pamela M. Butler Photography can cancel the session and/or charge $100.
Cancellations
You may cancel and reschedule your session up to 24 hours in advance.
If you provide less than 24 hours advance notice, you will be charged $100.
Indemnity
Each party agrees to indemnify and hold harmless the other party from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, to the extent caused by or arising out of or relating to their work together, excluding the terms of the "Equipment" clause.
Payments/Refunds
Payments for completed projects are nonrefundable.
Attorney's Fees
Each party to this Agreement shall bear its own attorney fees.
Force Majeure
For purposes of the Agreement, “force majeure” means circumstances or occurrences beyond Pamela M. Butler Photography’s reasonable control, whether or not foreseeable at the time of signing this Agreement, in consequence of which Pamela M. Butler Photography cannot reasonably be required to complete the Contract Scope or otherwise perform its obligations under this Agreement.
Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, and non-availability of any permits, licenses and/or authorizations required by governmental authority.
Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. Neither party may assign its obligations hereunder except with the express written consent of the other party hereto.
Notices
All notices required by this Agreement shall be in writing and shall be deemed to be delivered when: (a) shared via email, and confirmed as received by the other party, (b) hand delivered, (c) deposited in the U.S. mail, postage prepaid, registered or certified mail, return receipt requested, or (d) deposited with a reputable national overnight delivery service (e.g. Fedex or UPS), addressed to the parties at the respective addresses set forth above or at such other addresses as may have been specified by notice from the respective parties delivered in accordance with the provisions of this section.
Law
This Agreement shall be construed and governed by the laws of the State of Pennsylvania. The parties agree that the Court of Common Pleas of Allegheny County, Pennsylvania shall be the exclusive forum
of any litigation to enforce the terms of this Agreement.
Legal Fees
In the case of any legal proceedings, Pamela M. Butler Photography is entitled to recover its legal fees, expert fees, and costs from Client.
Right to Case Study
Pamela M. Butler Photography has the right to utilize work completed for You as a proof of concept for future pitches. Work may be displayed publicly on the Pamela M. Butler Photography website and other marketing assets.
Entire Agreement
This Agreement, and all attachments, together contain the entire agreement between Pamela M. Butler Photography and You. No other agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Pamela M. Butler Photography by any of its employees, agents or subcontractors, or contained in any sales materials, consulting proposals or brochures, shall be deemed to bind the parties with respect to the subject matter of this Agreement. This Agreement can only be modified or amended by a written agreement executed by Pamela M. Butler Photography and You.