The Fine-Print

Coverage:
Jim Straka Photography will furnish photographic coverage of the wedding/event on the above
date. Coverage selected is described on the price list in effect at the date of the contract.

Amendments:
This Agreement may be amended from time to time with the mutual consent of both the Client and Jim Straka Photography. Any amendments to this Agreement must be in writing, signed by both the Client and Jim Straka Photography, and physically attached to both copies of the original Agreement. Coverage packages may only be amended to upgrade to a larger package.

Agreement:
This Agreement is not valid until it is signed by the Client and an authorized representative of Jim Straka Photography and has been received along with payment of the booking retainer as specified by the Payment Terms. This Agreement incorporates the entire understanding between the Client and Jim Straka Photography. Each person signing below will be fully responsible for ensuring that full payment is made according to the terms of this Agreement. This Agreement is governed by the laws of the State of Florida. The undersigned hereby acknowledge that they have received, read and understand Jim Straka Photography’s current price list. Only the bride and groom (or signers of this document) can discuss any problems that arise.

Change of Date or Venue:
Jim Straka Photography should be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Such change can be made by phone and a copy sent via e-mail for documentation. If an email is sent, a confirmation of receipt must be in writing. It is the Client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify Jim Straka Photography.

Copyright and Usage:
Permission is hereby granted to Jim Straka Photography to use reproduction of any pictures for samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. Title (possession) of and copyright of all products shall remain with Jim Straka Photography until Client has paid in full. The negatives and/or digital images (hereinafter collectively “images”) created by Jim Straka Photography and/or subcontractor(s) remain the property of Jim Straka Photography. All images are copyrighted by Jim Straka Photography and are protected by United States Copyright Laws (USC Title 17). It is illegal to copy, scan, reproduce, or post online in forums elsewhere without the written permission of Jim Straka Photography, or alter in any manner, including, but not limited to, electronic scanning via personal scanner or reproduction via photo lab or self-service kiosk. Violators of this federal law will be subject to its civil and criminal penalties. Client is hereby released to make personal copies of images from CDs or DVDs given to Clients, for their own use in e-mail or on personal web pages. Client will not make copies for sale or for the purpose of circumventing the sale of the images by Jim Straka Photography, nor will the Client authorize any reproductions of the images for commercial use or for photographic competition or display. If purchased, upon delivery of final photographic products, Jim Straka Photography will deliver a set of high-resolution digital files to the Client, along with a written release which will allow the Client to make copies, prints, and other reproductions for personal, non-commercial use and distribution. Jim Straka Photography and the individual Photographer retains copyright of all images created and will have the right to make reproductions for portfolio samples, self-promotions, and professional competition. Jim Straka Photography and the individual photographer will have the right to make reproductions for other commercial use without first obtaining the written permission of the Client. The Client understands the images given on CD/DVD cannot be used for profit or advertising and all posting of images on the internet need to be acknowledged as images by Jim Straka Photography www.jstrakaphoto.com.

Creative License:
Images are edited at Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative right to edit and release only those deemed creditable as professional in quality and within the Photographer’s artistic standards.

Exclusive Photographer:
Jim Straka Photography shall be the exclusive photographer(s) retained by the Client for the purpose of photographing the wedding/event. Family and friends of the Client and other wedding/event vendors shall not interfere with the Photographer’s duties and do not photograph poses arranged by the Photographer. Guests will be asked to refrain from taking flash photographs at certain intervals of wedding/event services to ensure proper exposure of images. Jim Straka Photography is not responsible for lost or undesirable images due to obstruction or interference by guests with cameras. Client agrees that it will be the responsibility of the Bride’s or Groom’s Liaison to ensure the enforcement of this policy. The Photographers reserve the right to remove spectators who interfere with the Photographer’s duties. “Guests” with professional cameras photographing the event will be considered breach of contract. Upon breach of contract, the contract will be considered fulfilled, and terminated. Jim Straka Photography can exercise the option to leave if these terms are violated.

Event Food Service:
A light meal is required for events up to 6 hours for Jim Straka Photography. For events up to and past 8 hours a full course meal is required. If no meal is provided, it is understood that Jim Straka Photography will leave the event to purchase a meal.

Garments:
Jim Straka Photography cannot be held responsible for damage to Garments in the case of environmental events. Client is responsible to arrange personal assistance for garments. Jim Straka Photography has a policy of not handling any garments or rings.

Execution in Counterparts:
To facilitate execution, this Agreement may be executed in counterparts, and such counterparts when so executed shall constitute a single Agreement, as if one document has been signed by the parties hereto.

Product Delivery and Price Lock:
Upon notification, the Clients must arrange for pickup and delivery of albums, prints and other products within a reasonable time period, not to exceed 30 days after notification. Jim Straka Photography is not responsible for any damage that may be incurred while the proofs and/or other final products are in storage after said 30 days. The terms of this Agreement are valid for 6 months after the date of the event. If no correspondence has been received by that date, this Agreement will be considered completed in full. Client shall not hold Jim Straka Photography liable in the event that photographic materials are damaged in the processing, lost/damaged in the mail or otherwise lost or damaged without fault on the part of the photographer. No money will be reimbursed. All prices are locked in for 6 months. After 6 months, prices are subject to change.

Booking Retainer:
Upon your signature and receipt of the Retainer, the Photographer will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Booking Retainer of 1/3, (one third), the total package price is non-refundable, even if date is changed or wedding/event cancelled for any reason, including acts of God, fire, strike, and/or extreme weather. No date is reserved until a retainer is received. The Booking Retainer is applied towards the contracted wedding/event photography package. Client understands and agrees that the entire amount owed for the wedding/event photography package described in the contract is due no later than 15 (fifteen) days prior to the Wedding/event Day. Client agrees if the balance is not paid by this time, and no other arrangements are made, the Photographer will NOT photograph the Wedding/event Day described on the contract with no liability to the Photographer and loss of Reservation Retainer by Client. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order. Additional hours worked by Jim Straka Photography and subcontractors and or other staff of Jim Straka Photography beyond the number of hours contracted as stated in this contract, will be billed at the rate of $250.00 an hour. If additional hours are worked, products will not be delivered until payment for those hours is received in full.

Termination and Cancellation:
This Agreement may be terminated under any of the following conditions:

A: At the Client’s Discretion

Client understands that pursuant to this Agreement, Jim Straka Photography may forgo opportunities to book other business on the Wedding/event Date. Client understands that in exchange for this consideration, Client agrees to the following scenarios with regard to refunds/application of monies paid by Client to Jim Straka Photography.

(i) In the event that the Client reschedules the Wedding/event and Jim Straka Photography is able to rebook the original Wedding/event Date, Jim Straka Photography will amend the Wedding/event Date in Exhibit A of this Agreement and Client will receive credit for all monies paid up to the date Client requests the Wedding/event be rescheduled.

(ii) In the event that the Client reschedules the Wedding/event and Jim Straka Photography is NOT able to rebook the original Wedding/event Date, the Client will forfeit the Booking Retainer but receive credit for all other monies paid up to the date. Client should note that the Booking Retainer will not then be available to apply toward their final installment.

(iii) In the event that the Client cancels the Wedding/event outright, Client will forfeit all monies paid up to the date Client notifies Jim Straka Photography that the Wedding/event is cancelled. Cancellation must be in writing even if a phone call was made to inform Jim Straka Photography of the cancellation.

B: At Jim Straka Photography’s Discretion

(i) In the unlikely event that Jim Straka Photography is unable to provide the services described in this Agreement on the Wedding/event Date for any reason including, but not limited to, illness, injury, emergency, or act of God, sudden event or other circumstances beyond the control of Jim Straka Photography, a Substitute Photographer may be sent at no cost to Client. This contract will be transferable to said Photographer. If the Client declines the Substitute Photographer, the Client may instead terminate this Agreement, and receive a full refund of all money paid.

(ii) In the event Client fails to make any installment payment due as described under the Payment section of this Agreement within ten (10) days of its due date, Jim Straka Photography shall have the right to immediately terminate this Agreement.

C: Return of Monies Paid

(i) In the event that any refunds are due under the terms of this Agreement, Jim Straka Photography will effect such refunds to the person or entity from whom or which the funds derived.
Touchups:
Basic retouching includes only images of the bride and groom or clients at an event. Basic retouching includes blemishes. Although diligent efforts are made to avoid environmental problems and effects, all Client-requested digital touchups or alterations not included in the purchased product are at Client’s expense and would be defined as Premier retouching. Premier retouching includes, but is not limited to small lines and wrinkles, teeth whitening, red eyes and face reduction, skin softening, correction of hair/makeup, environmental effects, clothing, reflections in glasses, opening closed eyes, removal/insertion of family members, hired wedding/event personnel, fixtures, etc. Premier retouching or extensive touch-ups will incur a $50 fee per hour.

Miscellaneous:
This Agreement, including any exhibits and other attachments hereto, constitutes the entire understanding and Agreement with respect to its subject matter and super cedes any and all prior or contemporaneous representations, understandings and Agreements whether oral or written between the parties relating to the subject matter of this Agreement. In the event that any provision of this Agreement is found to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable. The section and paragraph headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement. All amendments or modifications of this Agreement shall be binding upon the parties despite any lack of consideration so long as such amendment or modifications are in writing and executed by the parties. Execution and delivery of this Agreement may be evidenced by facsimile transmission. Request for removal of any images from the proof gallery of the website will be honored, but will incur a $50 fee per incident. I kindly ask that you get in touch with me one week prior to the date of your event — a phone call or e-mail is fine — to touch base and go over any last-minute details. I will make every effort to contact you, but it is the Client’s responsibility to contact me to confirm all events and times.

Returned Checks:
Returned checks are subject to a $50.00 return check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by Jim Straka Photography in the event enforcement of this contract becomes necessary. All legal action shall take place in Osceola County, Florida.