Contract and Terms of Service
This Agreement is made effective for all purposes in all respects between Paul’s Vegas Photography, hereinafter referred to as the COMPANY and above names hereinafter referred to as The CLIENT(s) relating to the event(s) detailed above, hereinafter referred to as The EVENT(S).
1. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the COMPANY and the CLIENT as listed above. It supersedes all prior and simultaneous Agreements between the parties. The only way to add or change this Agreement is to do so in writing, signed by all parties. 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 Decision to waive one or more provisions of this Agreement or 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.
2. RESERVATION: A signed contract is required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, CLIENT understands the retainer fee is due and non-refundable and shall constitute liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY's materials charges incurred up to time of cancellation.
3. EVENT SCHEDULE: The CLIENT agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in writing to COMPANY by CLIENT in a timely manner and confirmation of receipt of said confirmation must be obtained from the COMPANY by the CLIENT.
4. SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer sent by the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer sent by the COMPANY comes into question. Should the Client or guest damage COMPANY's equipment CLIENT is to replace all such damaged equipment at full retail price within 24 hrs of damage having occurred.
5. SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT at the rate of $250 per hour for either photographs or video. If COMPANY is taking both stills and recording video the hourly rate is $500. Video has one final cut at the COMPANY's discretion as stated in CAPTURE and DELIVERY. If wanting additional cuts/versions of video the cost will be at $250.00 per hour editing time. An estimate of time will be provided before revisions are made. One half of the estimate on revision is due before commencements of revisions.
6. EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meals and lodging costs unless provided by the CLIENT.
7. TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the COMPANY studio address which is 1655 S. Mojave Rd. Las Vegas, Nevada 89104. For all EVENT(S), the first 180 miles round-trip of travel is included in the quoted price from our studio address.
8. RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses or times provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photographic coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects or scenery associated with the EVENT(S).
9. VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results on the photographic due to their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.
10. PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services. When the COMPANY obtains the permit the CLIENT is responsible to follow all rules and regulations set fourth by the permitting agency. No permit fee or fees are refundable for any reason including weather, nature disaster, or change of plans caused by CLIENT.
11. FILM and COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY's explicitly written permission. If the CLIENT has purchased an the digital download from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased a digital download of photographs or video from the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor. The CLIENT is also permitted to print copies of the images as they see fit.
12. MODEL RELEASE: The CLIENT hereby assigns the COMPANY 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, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
13. LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. In the event the foregoing situations should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S). In the unlikely event that digital files become lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY'S liability is limited to the return of all payments received for the EVENT(S). 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.
14. CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image and or video taken at the EVENT. The COMPANY will be the only photographers employed for the contracted EVENT. No other photographers will be allowed to photograph the event other than from a seated position and no photography will be allowed during the portrait session following the ceremony. This also includes family and friends. The COMPANY reserves the right to leave the EVENT should a photographer, family, or friend fail to follow this condition with no return of funds. The determination of images and/or final cut video delivered to the CLIENT is left to the exclusive discretion of the COMPANY. The COMPANY shall have all final say on music. It is the Company's policy that no raw footage will be delivered. Should the CLIENT want added video beyond the contracted highlight the COMPANY will provide an estimate of the additional fee's to prepare the video for delivery. Once the additional fees for the added on footage is paid the work to prepare the footage will start. Copyrighted music can only be used if purchased and available. The COMPANY has the right to replace any copyrighted, recorded music during the Event.
15. POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
16.PAYMENT SCHEDULE: The aforementioned 50% non-refundable retainer fee is due at the time of signing of Agreement. The remaining balance is payable in full one week prior to the day of the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $25 non-sufficient funds fee.
17. PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.
18. ASSIGNMENT: Except as otherwise provided within the Agreement, neither party hereto may transfer or assign their rights under this Agreement without the prior written consent of the other party.
19. APPLICABLE LAW AND PROPER JURISDICTION: This Agreement shall be governed by and construed in accordance with the laws of the Sate of Nevada and the jurisdiction in which all actions to settle any disputes between the parties, shall be the courts, both state and federal, of the State of Nevada.
20. ENTIRE AGREEMENT/AMENDMENTS: This Agreement contains the entire understanding between the parties and supersedes any prior understandings and agreements made between them respecting the subject matter of this Agreement. This Agreement may be changed only by a written amendment, specifically identified as a contract amendment, signed by authorized representatives of both parties.
21. LIMO'S OR PARTY BUSES, CLIENT UNDERSTANDS: (A) Under Age Alcohol Consumption and Drug Use is illegal and all fines will be paid for by the client. The driver can terminate your ride without a refund (If the clients are using blatant indiscretion)
(B) It is against Nevada law to stand up and put any body parts out of the windows and sunroofs.
(C) All vehicles have a strict seating capacity and cannot seat more than what is manufacture recommended.
(D) Overtime applies after 15 minutes based on your time listed on the driver’s reservation sheet.
(E) COMPANY and its vendors are not responsible for personal belongings or items left in vehicles.
(F) A/C is not compatible in temperatures rising above 100+ degrees.
(G) COMPANY and its vendors are not responsible for any electrical or mechanical breakdowns during your ride and will only be responsible for making up lost time at a mutually agreed date or later time.
(H) Smoking is not permitted.
(I) Client assumes financial liability for any damage occurring while in the vehicle. All damage(s) must be paid immediately. Including: Vomiting/Bio-hazard - $500.00 fine, Smoking - $100.00 fine, Cigarette Burn(s) - $100.00 fine per burn, Broken/Missing Rock or Champagne Glass - $5.00 fine per glass, Roof Access Plexiglas - $175.00 fine, Broken Window Shade - $175.00 fine, Broken Seat/Chair - $175.00 fine, Broken Stereo/Lights/Flat Screen TV - $500 fine, Broken Window - $500 fine.
CHILD SEAT DISCLAIMER: We are a family company and care about the safety of children riding in our vehicles. If you are traveling with a child (or children) who requires a child safety seat, you will be required to provide the seat and install them in the vehicle. Due to safety regulations our chauffeurs are not permitted to assist in the installation of the seats. We can recommend car seat rental companies, so please notify your reservationist in advance if you will need to rent one;
CANCELLATION on all limo's, party buses are non-refundable
ALL OVERAGES ON ALLOTTED TIME WILL BE CHARGED AND DUE ON DAY OF EVENT TO CREDIT CARD ON FILE. We do our best to estimate the amount of time your travel service will be but we are not responsible for additional time required to complete your trip.
22. Wedding officiants will perform their standard ceremony unless arrangements are made pior to the wedding. Additional fees may apply for additional custom ceremonies or elements including sand ceremonies, hand fasting, broom jumping or candle lighting. Please call first to find out the exact officiant fee.