Payment Terms

This AGREEMENT is entered today between

a. DonThao Photography and Design, LLC P.O. Box 371, Ada, MI 49301 (hereinafter referred to as the “Supplier”); and

b. Client Name: as submitted in the form above

(hereinafter referred to collectively as the “Client”) with respect to the creation of certain images (hereinafter referred to as the “Images”):

NOW, THEREFORE, in consideration of the foregoing promises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:

1. Description. The Supplier agrees to create the Images in accordance with the following specifications:

a. Project Title & Description of Images

b. Date of Session

c. Photographer (base cost) – Photography of session or event day at the sole artistic discretion of the Supplier. Client acknowledges that the photographer is a natural light lifestyle/portrait photographer and adheres to the said style.   Client acknowledges that the photographer(s) is using their artistic discretion to create photographs as the photographer sees fit.  Photographer will be present on session day for no less than one hour per session, unless otherwise agreed upon, and it is up to the photographer when enough images have been captured.

d. Processed digital photos to be delivered within six weeks of each session date unless prior agreement is arranged.

2. Use of Images. Images are strictly produced for the client’s private home use only.  Client assumes all liability for any form of copyright infringement

3. Grant of Rights. Supplier hereby grants to the Client the following exclusive rights to use the Images for use as (Personal Demo) for the product or publication named in paragraph 1(a). These rights shall be worldwide and for the full life of the copyright and any renewals thereof unless specified to the contrary here:  Unless media sold to outside party.  This grant of rights includes electronic rights, unless specified to the contrary here.  Electronic rights granted shall be subject to the usage restrictions shown above.  For purposes of this Agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, DV media, computer databases, and network servers.  The Client is obtaining prints and digital images for personal use only including non-commercial web sites, and shall not sell said prints or authorize any commercial reproductions thereof by parties other than the Supplier.  If any of the Supplier’s images are published (on the web or any other media), proper photo credit such as “© Photo by donthaophotography.com” is required.  If Client is obtaining a print for newspaper announcement of the wedding, the Supplier authorizes Client to reproduce the print in the above manner.

4. Fee. Client agrees to pay the minimum fee as detailed in the quote sent to the Client for photography, printing, and miscellaneous services set forth in paragraph 1 herein, including usage rights granted herein.  Payment Terms: 50% non-refundable deposit. Remainder due on day of first session, unless otherwise documented and agreed upon by Supplier and Client. In the event of a termination of this Agreement by the Client, the Client agrees that all fees already paid to the Supplier as of the date the notice of termination is received by the Supplier will be forfeited.  Termination by the Client shall be in writing to the Supplier from the Client.  Acceptable forms of payment include cash, personal checks and PayPal.  Please make checks payable to “Thao Lai” or send PayPal payments to donthaophotography@gmail.com.  Additional fees for post-production in paragraph 16, travel, site usage reimbursements, etc. may be invoiced separately as expenses are incurred.

5. Travel and Expenses. Client agrees to reimburse the Supplier for all reasonable expenses incurred in creating the Images, provided that such expenses shall be itemized and supported by invoices.  Client is responsible for all Out-of-Pocket Expenses such as parking, entry, toll, and other expenses directly related to the photographic assignment.  Travel up to 30 miles away from Ada, MI (zip code: 49301) is included; additional travel will be charged $0.55 per mile. Travel more than 75 miles one way may incur surcharges for time and/or accommodation costs. Such expenses will be billed as it becomes available.

6. Payment. Client agrees to pay the Supplier 50% minimum reservation fee upon the signing of this Agreement. Client agrees to pay the Supplier the remaining balance on day of photography services (day of session).  Upon signature, the Supplier reserves the time and date agreed upon.  For this reason, all reservation fees are non-refundable, even if the session date is changed or canceled for any reason.  There shall be NO refund of any payment made.  Client is aware that the photographer is blocking off the particular date in question therefore turning away any other potential work on that date therefore there is no cancellation and no refund is permitted.  If final payment is not received, DonThao Photography will not be expected to release images.  Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.  If additional hours are worked, products will not be delivered until payment for those products is received in full.  A $50.00 fee with will be charged for any returned bank checks.  If Client fails, or refuses payment or delivery by the terms set forth, Photographer shall charge the Client a service fee of $50.00 plus 2% interest per month.

7. Liability. The Supplier and any of his agents or third party associates will not be liable in the unlikely event that a problem arises, whether due to lateness, no show, accident, neglect, human error, loss of materials, acts of nature, equipment or other failures.  The Supplier is not responsible for loss of, or interference with, the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, and the like.  This limitation on liability shall also apply in the event that photographic materials are damaged in processing (film and digital), lost through camera malfunction, lost in the mail, fire or otherwise lost or damaged without fault on the part of the Photographer.  Client understands the unpredictable and non-posed nature of photojournalism (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to unintentional infliction of emotional distress and negligence).  In the event the Supplier fails to perform for any other reason, the Supplier‘s liability is limited solely to the return of all payments received from the Client under this Agreement.

8. Authorship Credit & Copyright Notice. Authorship credit in the name of the Supplier [i.e., DonThao Photography] shall accompany the Images when reproduced.  All copyrights, as well as originals, be they negatives or digital, remain the sole property of the Photographer.  In the event that digital negatives are provided, the photographer still retains copyrights on the files and photographs.

9. Warranty and Indemnity. The Supplier warrants and represents that he or she is the sole creator of the Images and owns all rights granted under this Agreement, that the Images are an original creation (except for materials obtained with the written permission of others or materials from the public domain), that the Images do not infringe any other person’s copyrights or rights of literary property, nor do they violate the rights of privacy of, or libel, other persons. The Client agrees to indemnify and hold harmless the Supplier against any claims, judgments, court costs, attorney’s fees, and other expenses arising from any alleged or actual breach of this warranty.

10. Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration in Grand Rapids, Michigan, pursuant to the rules of the American Arbitration Association.  Judgment upon the arbitration award may be entered in any court having jurisdiction thereof.

11. Assignment. The Supplier shall have the right to assign monies due to him or her under the terms of this Agreement, but shall not make any other assignments hereunder.

12. Term and Termination. Subject to paragraph 4 (Fees), the Client may terminate this Agreement at any time prior to the Supplier’s commencement of work and may terminate thereafter if the Supplier fails to adhere to the specifications or schedule for the Images.  This Agreement shall also terminate in the event of the Supplier’s bankruptcy or insolvency.  The rights and obligations of the parties pursuant to Paragraphs 3, 8, 9, 9, 11, 12, and 13 shall survive termination of this Agreement.

13. Miscellany. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties.  A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.  This Agreement shall be binding upon the parties hereto and their respective heirs, successors, assigns, and personal representatives.  This Agreement shall be governed by the laws of the State of Michigan.

14. Permissions to Photograph. It is the sole responsibility of the Client to secure permission of the location, or other venue of the session/event for the Supplier to photograph the session/event.  The Supplier will abide by the rules of the venue in regards to camera placement.   Many Cities, counties, state agencies and private venues/businesses are charging a photography permit fee.  The client is responsible for the payment of such fee.  In the event clients fail or refuse to pay for any such permit fee despite having been informed by the Supplier that such fee is required, client is responsible for any and all related costs or fines if applicable.

15. Final Photo Product. The Supplier makes no guarantee, either expressed or implied, in regard to the quality of the Images, because they are subjective and in addition, may be influenced by many factors beyond the control of the Supplier, especially during live or unstaged events.  It is also understood that the Client is hiring the Supplier for his technical and artistic expertise and, therefore, the Supplier reserves the right to edit the Images as she sees fit.  The Supplier does not guarantee that everyone involved in the event will be photographed or will be included in the final Images.  Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Supplier from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.  It is recommended to place the photo and album in a dry, cool, shade area and never in direct sunlight in order to maximize the archive life.  Client is aware that digital files may be corrupted due to inherent media deficiencies and random interference.

16. Post-production costs. Requests for changes to the final Images will be subject to an editing surcharge of $150.00 per hour with a $150 minimum charge. Fee must be paid before delivery of new Images.

17. Model Release. The signing of this agreement by the Clients constitutes a commercial model release by the Clients to the Supplier. The Supplier will have the right to make reproductions included but not limited to website, portfolio samples, self-promotion, magazine editorial use, advertisement/marketing and professional competition without further release. The Supplier will not make reproductions for other commercial use without first obtaining the written permission of the Clients.  Client waives the right of tort of invasion of privacy due to any reproductions.

18. Photographer Substitution. The Supplier may substitute another photographer to take the photographs in the event of Supplier’s illness or of scheduling conflicts.  In the event of such substitution, Supplier warrants that the photographer taking the photographs shall be a competent professional.

19. Exclusive Photographer. The Supplier shall be the exclusive photographer retained by the Client for the purpose of photographing the session(s) and other contracted event(s), unless previously agreed in written form.  Family and friends of the Client shall be permitted to photograph the event as long as they shall not interfere (standing in front of or behind the photographer) with the Supplier’s duties and do not photograph poses arranged by the Supplier.