CONTRACT FOR PHOTOGRAPHY/VIDEOGRAPHY SERVICES
This PHOTO/VIDEO Contract (the “Contract”) is made effective as of (the ‘Effective Date”), by and between Jeron Whitehorn Michigan and Client of Michigan.
DESCRIPTION OF SERVICES. On 4/20/23, Jeron Whitehorn will provide to Client the following PHOTOGRAPHY+VIDEOGRAPHY services (collectively, the “Services”):
PERFORMANCE OF SERVICES. (1) Jeron Whitehorn agrees to take photo/video as per Client stated requests, allowing for artistic expression; (2) Jeron Whitehorn agrees to use high technical quality to meet Client needs, for web or print; (3) Jeron Whitehorn will use digital PHOTOGRAPHY/VIDEOGRAPHY and color management consultancy knowledge to create photos/videos for Client ; (4) Jeron Whitehorn shall provide Client with digital copies (SD CARD) & online copies within 8 days.
PAYMENT. (1) Client agrees to pay Jeron Whitehorn the sum of the chosen package in consideration for the Photo/ Video services to be rendered by Jeron Whitehorn. In consideration for this fee, Jeron Whitehorn will devote package hours to cover the event or occasion of Client ; (2) Jeron Whitehorn will provide with digital copies (SD CARD) & online copies to Client to review of photo; (3) Jeron Whitehorn will provide Client with a cost sheet itemizing the cost of different packages.
DEPOSIT. At the time of the signing of the Contract; Client shall pay a non- refundable deposit of 20% to Jeron Whitehorn for the Services. The deposit will be subtracted from the total payment owed by Client upon completion of the services on the day of the event.
CANCELLATION POLICY. All deposit fees are non-refundable. A minimum of 48 hours notice will be required for cancellation of this Contract by Client . Any cancellation made with less than 48 hours notice prior to the agreed upon service date will result in full payment by Client . If the cancellation is initiated by Jeron Whitehorn, all monies paid to Jeron Whitehorn from Client shall be fully refunded. Refund shall be paid out within thirty (30) calendar days from the cancellation date.
TERM. Jeron Whitehorn and Client agree that this Contract shall commence on the above date and that same shall terminate on the date of event booking. Said agreement may be extended and/or renewed by agreement of all parties memorialized in subsequent amendment thereafter.
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, products, or other information developed in whole or in part by Client in connection with the Services will be the exclusive property of Client . Upon request, Jeron Whitehorn will execute all documents necessary to confirm or perfect the exclusive ownership of Client to the Work Product.
RELATIONSHIP OF PARTIES. It is understood by the parties that Jeron Whitehorn is an independent contractor with respect to Client and not an employee of Client
CONFIDENTIALITY. Jeron Whitehorn, and his employees, agents, or representatives will not at any time or in any manner either directly or indirectly, use for the personal benefit of Jeron Whitehorn, or divulge, disclose, or communicate in any manner, any information that is proprietary to Client . Jeron Whitehorn and his employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of the Contract.
COURTESY. The PHOTO/VIDEO schedule and selected methodology are designed to accomplish the goals and wishes of Areil Gray and Jeron Whitehorn agree that positive cooperation and punctuality are therefore essential.
WARRANTY. Jeron Whitehorn shall provide his services and meet his obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable industry standards and will provide a standard of care equal to, or superior to, care used by service providers similar to Jeron Whitehorn on similar projects.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract: The failure to make a required payment when due The insolvency or bankruptcy of either party. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 2 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by caused beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
ENTIRE CONTRACT. This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Contract shall be held to be 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 Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
GOVERNING LAW. This Contract shall be governed by the laws of the State of Michigan.
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non- assigning party, which approval shall not be unreasonably withheld. SIGNATORIES. This Agreement be signed by Client and by Jeron Whitehorn and is effective as of the date first above written.