Ryan PHOTOGRAPHY-DJ-Lighting - 4112 Nolensville Rd #110662 - Nashville, TN 37211 - Phone: (615) 390-2784
This Agreement is made effective by Client and Ryan Photo-DJ-Lighting, hereafter referred to as 'Company' of P.O. Box 110662, Nashville, TN 37211. Client desires to employ the services of Company. Therefore the parties agree on the following:
1. Company agrees to perform faithfully, professionally and to the best ability, all of the duties that may be required by the express and implicit terms of this Agreement. Such duties shall be provided as specified on the reservation document.
2. Compensation: As compensation for the services provided by Company, Client agrees to pay the price specified on the reservation document. A 50% deposit is required at the time of booking to execute this contract with the remaining balance due one week prior to the event. Any failure on the part of the Client to fulfill the payment requirement will nullify this Agreement.
3. Term/Termination. This Agreement may be terminated by either party up to 15 days prior (where possible) to the performance without penalty. No refunds are available if Client cancels. A full refund shall be given should Company cancel.
4. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States Mail, Postage Paid, addressed as listed below.
5. Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties.
6. Amendments. This Agreement may be modified or amended, if the amendment is made in writing and signed by both parties at least 15 days prior to the performance. No modifications may be made after that date.
7. Sever ability. If any provisions of the Agreement shall be held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provisions it would become valid or enforceable, then such provisions shall be deemed to be written, construed, and enforced as so limited.
8. Waiver of Contractual Right. The failure of either party to enforce any provisions of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.
9. Special considerations for outdoor performances. The Client shall provide adequate shelter to protect the Service Provider and the Service Provider's Equipment from: direct sunlight, rain, snow and winds in excess of 10 miles per hour. This can be in the form of a tent, tent/shelter, pavilion or covered stage area that is completely waterproof and protected from the elements. If the ground is wet, a raised, dry platform shall be provided by Client. If outdoor temperatures exceed 85 degrees f., the performer(s) attire may be modified to accommodate climatic conditions. If proper shelter is not provided by Client, or if other weather conditions cause performance to become un-safe then Company may cease performance immediately without refund to client.
10. Electrical Power Requirements. Adequate electrical power is the sole responsibility of the Client. A single, 20-ampere outlet is required to operate the musical equipment and amplifiers(s). This outlet must be a standard, 110-volt, grounded receptacle that is located within 25 feet of the performance site. If an extension cord is required, it must be a grounded, heavy-duty cable constructed from 12-gauge or heavier wire. If a generator is being used by Client, it must provide clean power (Inverter-style generator) that will work properly with Company's sound, lighting and DJ computer system(s). Company makes no guarantees in regards and may cease performance immediately without refund to client, should proper power not be available.
11. Applicable Law. This Agreement shall be governed by the laws of the State of Tennessee .
12. Client waives ownership of any photographic records taken by Company and agrees to permit Company to use any and all images, (in photographic, digital, or electronic format), for promotional purposes, publications, posters, website, or other media, without limitation, and agree not to make any claim for misappropriation of personality, breach of privacy, or other loss or damages against Company in respect thereof.
13. Company is a multi-personnel service and retains the right to assign personnel on an as-needed basis. Company is responsible for providing all personnel needed for the service required.
14. In the event of circumstances deemed to present a threat or implied threat of injury or harm to Company or any equipment in Company possession, Company reserves the right to cease performance. If the Client is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), with the offending party(s) being removed from the premises, then Company may resume (at the sole discretion of Company) performance in accordance with the original terms of this agreement. Client shall be responsible for payment in full, regardless of whether the situation is resolved and whether Company resumes performance or the event is cancelled as a result of disruption. Client shall be responsible for any and all damages to Company personnel and equipment, should damage occur.
15. House Rules: The photographer is limited by the guidelines of the ceremony official, venue rules, and/or the site manager. CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT'S responsibility. COMPANY will offer technical recommendations only.
16. Non-Guarantee: Although every possible care will be taken to produce photographs and/or video of all areas of importance during the event, COMPANY cannot guarantee any specific photos and/or video. COMPANY will not be held responsible for any photographs and/or video not obtained for any reasons in or outside of COMPANY's control.
17. Number of Images: COMPANY takes an unlimited amount of shots the day of the event. The CLIENT will not receive all the images taken. All images that the client receives are the final product. COMPANY will make the determination on which photos are kept and edited based on their professional opinion. Furthermore, COMPANY cannot guarantee any set number of images be given to the client.
18. Right of Withdrawal: COMPANY reserves the right to withdrawal from the event for any reason. Discovery of new information, changes to agreed circumstances, non-cooperation, changes in locations, date changes, outrageous demands, and missed appointments are examples of contributing factors. Should COMPANY initiate the withdrawal, all fees will be returned, excluding deposit as well as fees for all services and products already provided.
19. Limit of Liability: In the unlikely event of severe medical, natural, or any other unexpected reason, it may be necessary to retain an associate photographer for the event. 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. COMPANY takes the utmost care with respect to exposure, transportation and processing of photographs/video. However, in the unlikely event of THE CLIENTS photographs and/or video being lost, stolen or destroyed for reasons within or beyond COMPANY's control, the latter’s liability is limited to the return of all payments received for only that portion of the coverage. The limit of liability shall not exceed the contract price stated herein. This limit of liability for a partial loss of originals shall be a prorated amount based on the percentage photos/video received by The CLIENT.
20. Photographer Exclusivity - It is understood that no other photographer, either amateur or professional, shall be allowed to photograph at the wedding in a way that interferes with the COMPANY photographer. This will be in breach of this agreement and will constitute a reason for non-completion with no liability to the photographer and the loss of any monies paid by the signing party.
21. CLIENT agrees to provide or pay for all necessary authorizations, facility or management gratuities, licenses, union labor fees, drayage, parking permits or daily storage fees, and other fees or charges as may be required or mandated by the facility, union, local, state, and/or federal regulations, codes, or laws as required to fulfill the terms of this Agreement.
22. CHOICE OF LAW AND VENUE. The laws of the state of Tennessee will govern any dispute arising from or relating to this Agreement. The parties submit to the jurisdiction of the state of Tennessee courts for or in Sumner County, Tennessee, and agree that any legal action or proceedings relating to this Agreement may be brought in those courts.