AGREEMENT: The Client(s) are those names and signature(s) that appear on the webform associated with this contract, agrees that Kayla Joan Photo(your “Photographer”) shall provide services to photograph their main event and related events to the best of their abilities, in the manner described within this document. This is a binding contract, which incorporates the entire understanding of the parties, and any modifications must be made in writing - signed by both parties and physically attached to the original agreement. The laws of the lovely state of Montana shall govern this contract and any resulting arbitration shall take place within Missoula County Montana. The Client assumes responsibility for all collection costs and legal fees incurred by your Photographer should enforcement of this contract become necessary. In the event that any part of this agreement is found invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. 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. STYLE: The Client acknowledges that the Photographer has a natural and journalistic approach to event photography. No shots throughout the day are guaranteed (such as but not limited to formals, first kiss, bouquet toss, etc.) The Client acknowledges that the Photographer is using their artistic discretion to create photographs as the Photographer sees fit. The Photographer retains the right to refuse to take images contrary to their photographic style and inappropriate images including but no limited to in undergarments and sexually suggestive poses (joking or not). Every effort will be made ot assure satisfaction according to the Phogorapher’s professional standards. However, the Photographer is not responsible for subjective interpretations of photography. RETAINER AND PAYMENT: The Client shall reserve the time and date of services by signing and submitting the Client intake form along with a non-refundable, non-transferable reservation retainer equal to 50% of the total photography fee. No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full at the time of photo delivery. The photographer is not responsible for reminding the balance to due payments. In the event the Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid and remove Client access to photog gallery. In the event of a returned check, a $50 non-sufficient funds fee will be charged and all future purchases/payments must be paid by Cashiers Check. Unless the contract is canceled, the retainer fee shall be applied to the photography fee total. PRICING: Services or merchandise not included in the initial contract will be sold at the current price when an order is placed. All prices are subject to change at any time without notice. DESTINATION EVENT AND TRAVEL EXPENSES: Travel expenses will be incurred for any event outside of Missoula city limits. The Client agrees to pay the travel fee agreed upon in the proposal. Travel fees may include but are not limited to gas, airline tickets, accommodations, rental car, meals, and miscellaneous related expenses. CANCELLATION: If for any reason the Client cancels this contract before the event, Photographer will keep and retainer and any payments made up to the point of cancellation. Cancellation must be in writing, signed by the contracted party, and sent via Certified Mail by USPS. If the Client fails to supply written cancellation as specified before the date or cancels prior to the event, the Client shall be required to pay the full balance due. If there is insufficient time to submit a consolation notice via USPS, an email from those under contract is acceptable, along with a letter mailed immediately. The Photographer is not responsible for lost, delayed, or undelivered mail. In the case of unforeseeable acts of God (natural disaster, global pandemic, etc) the Photographer will return all paid monies back to the Client. RESCHEDULE: In the event that the Client reschedules the event and the Photographer is able to rebook the original event for an event of equal or greater value, the Client will receive credit for all monies already paid. A new contract will be required for a new event. The new package price will reflect pricing in effect when the date change occurs. Credit may be applied to event coverage within one year of the original booked event (at which time the credit expires). Photography credits may only be used for the couple under contract for a marriage to each other, is non-transferable, and is subject to the Photographer's availability. Credits are not redeemable for cash. In the case of unforeseeable acts of God (natural disaster, pandemics, etc) and the Photographer is unable to rebook the new planned event, all paid monies will be returned to the Client. EMERGENCIES: When a cancellation happens within 6 months of the event due to an emergency such as serious injuries, serious illness, or death to the signing parties to this agreement or to their immediate families, the Photographer will return all paid deposit monies. The Client(s), as well as the Photographer, must produce documentation in writing showing cause for emergency stating reason, relationship and have an excuse signed by an attending physician, charge nurse, o funeral director along with their contact information. For the purpose of this agreement “immediate family” will consist of parents, stepparents, brothers, sisters, spouse, and children as well as Photographer, Client(s). Either party or Photographer may invoke this clause up to the day of the event. LIABILITY: If the Photographer is unable to perform any or all of the duties herein for any reason including but not limited to, fire, transportation issues, acts of God, accident, illness, theft or technical problems, and if she cannot provide another competent professional, all money received (minus work already completed) will be returned to the Client and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of the total. Tot sole remedy for actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid under this agreement during the time preceding the date on which such liability arises. RESPONSIBILITIES: It is understood that Kayla Joan Photo shall be the exclusive photographer retained for the event. The Photographer may bring an assistant at their own discretion. Videographers and other vendors as well as semi-professional photographers must not obstruct or interfere with the official photographer and are not allowed to take any still photos during formal sessions, including but not limited to family and couple formals. Event guests may take photogs, but it is the responsibility of the Client to prevent family and friends from interfering with the Photographer's duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images. The Photographer is not responsible for compromised coverage due to causes beyond their control such as other people’s camera or flash, the lateness of event principles, weather conditions, scheduling complications, rendering of decorations, or restrictions for the venues or officiate. The Photographer is not responsible for wardrobe or decoration malfunctions or the physical appearance of the Client(s) or venue. The Photographer reserves the right to refuse to take equipment out in the rain/show and in or near water. The Photographer is not responsible for any damage or injuries that may be sustained due to but is not limited to photos taken in or near water. The Photographer is not responsible for existing backgrounds or poor lighting conditions which may negatively impact or restrict the Photographer's coverage. Maximum light is suggested for best results indoors for all parts of the event. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by email for documentation. If an email is sent, confirmation of receipt must be obtained. The Client agrees to confirm the schedule one week prior to the event. COVERAGE: The Photographer will provide coverage for the dates, location, and continuous hours specified in the agreement. Coverage begins as soon as Photographer arrives at the photography location. Every reasonable effort will be made to take requested pictures but no specific pose or photograph can be promised. Any lists supplied or requested photos will be used for organizational purposes only. While the Photographer will make every reasonable effort to take photos specifically requested by the Client, understands that this is an uncontrolled event and that due to the vagaries of the weather, available light, time restrictions, willingness of subject, etc. The Photographer cannot possibly guarantee that all requested photos will be taken. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use their professional judgment ad sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to the Client. COPYRIGHT: All photographs taken by Kayla Joan Photo are the Photographer’s property, and will remain their property and are protected by US Copyright laws. The Client hereby waives any claims of ownership, income, editorial control, and use of the images. Violators of this federal law will be subject to its civil and criminal penalties. AUTHORSHIP CREDIT: Authorship credit in the name of the Photographer (Kayla Joan Photo) with a link to the Photographer’s domain (www.kaylajoan.com and social media handle @xo.kayla.joan) must accompany any images posted or displayed on any social media. MODEL RELEASE: This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners without any restriction as to changes or alterations, for advertising, trade, promotions, exhibition or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Kayla Joan Photo. The Client waives any right to inspect or approve the photograph(s), finished version(s), incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewithin. This release is abiding on the Client, their legal representatives, heirs, and assigns. REPRODUCTION: The Client agrees to purchase prints directly through the print gallery delivered by Photographer. The Client agrees not to scan, copy or reproduce images in any manner without written permission. Should the Photographer become aware of reproduction without permission, the Client will remit a usage fee of $200 per image, per usage to Photographer. If high-resolution digital files are purchased, a written release will be supplied with those files. The release grants the right to reproduce the images provided for their personal use only (one household) and does not allow the photos to be altered, sold, gifted, or published. The Client further agrees not to supply images to any third parties (including family, guests, vendors associated with the event, or album designers). DELIVERY: Images are delivered in large JPG format through Pic-Time online photo gallery. It is understood that the Photographer will not distribute raw files or unedited images. Upon receipt of the photo gallery, the Client accepts all responsibility for archiving and protecting their photographs. The Photographer does not permanently archive image files. The Photographer is not responsible for the lifespan of any digital media provided, or for any future changes in digital technology. It is the Client’s responsibility to make sure that digital files are copied to new media as required. IMAGE PROCESSING & PRINTING: Unless agreed upon prior to any editing work, images are provided in color. Some images will be rendered in black and white per the Photographers' artistic interpretation of the photo. Limited color correction and/or retouching are included at the Photographer's artistic discretion. The Client may request further changes for an additional charge of $150 per hour of editing work. The Photographer is not responsible for any prints that are not ordered directly from the Photographer. For best results, the Client should order photographs through Pic-Time’s online cart. The Client may not edit, adjust, crop, or alter Photographer’s images in any way. Versions of images with specific edits such as black and white, sepia, or other effects must be purchased directly from the Photographer. PHOTOGRAPHY LOCATIONS: The Client is responsible to schedule, receive permission, and provide required payments and gratuities in order to use various locations for photography. The Client is responsible to arrange for a backup photography location in case of inclement weather including wind, rain, snow, etc. EVENT FOOD SERVICE: The Client is responsible to provide the Photographer a meal with assigned seating for events of five hours or longer. If no meal is provided, it is understood the Photographer will leave the event for a half-hour to purchase a meal. Meal breaks to not pause the consecutive event photography coverage. The Photographer is not responsible for any photos that may be missed while obtaining a meal. This webform will be used to obtain specific information related to the event as well as obtain your signature and acknowledgment of the terms within this agreement.