Event Dates: Fall 2017 School Sports Season

This agreement is between John and Kimberley Huggins, hereinafter referred to as the “Photographers”, operating in the Commonwealth of Virginia, and the signers of this athlete sports focus photography agreement, hereinafter referred to as the “Client”, collectively referred to as the “Parties”, with the sports focus session detailed below.

The package list and price list and/or documents attached to this contract are integral parts of this document. The contract terms, agreement, and price list are the only legally binding documents between the Parties.

Contracting Parties

Client Name: Payor of Paypal item called “Athlete Focus Agreement & Deposit”

Client Address: Billing address as entered into Paypal checkout.

Event Locations

Fauquier County High School, Liberty High School, Kettle Run High School

Fauquier County, Virginia

Time

Fall 2017 Season

Agreement Overview

This agreement contains the entire understanding between the Photographers and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

Coverage

The Photographers will cover home games of Liberty High School sports for media purposes and will focus their attention on an athlete subject identified by the Client in the below Paypal checkout fields during the Paypal checkout process. Additionally, the Photographers may cover games at Fauquier and Kettle Run High Schools.

Dates

The Photographers will monitor the calendar of sports events provided by the official high school web sites and photograph as many games as the Photographers’ schedules allow.

Venues

The primary venue will be the home games of the sport event.  Reasonable efforts will be made by the Photographers to photograph away games if schedules permit and if the personnel at the away school provide field access to the Photographers.  The Photographers make no guarantee of away game photography.

Retainer

A retainer fee is required for all game time sports focus sessions. This retainer fee reserves our focus on your athlete for one home game in Fauquier County, Virginia.

This contract between John and Kimberley Huggins and the Client shall not become effective until it is agreed to and the initial amount due has been paid. At the time the contract takes effect, John and Kimberley Huggins shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that Client cancels the contract for any reason, all monies paid shall be retained by John and Kimberley Huggins in order to offset its loss of business.

Cancellation

There shall be no refund of retainer after the accepting of the Agreement by completing a Paypal order below, and the reservation of the photography service. Any other arrangements shall be discussed between the Client and the Photographers. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographers of the cancellation.

Failure to Perform

The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographers cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by, but not limited to, anyone in or at the event, or location restrictions. The Photographers are not responsible for lost photo opportunities due to other cameras or flashes, the absence of the Client’s subject athlete or other principles. The Photographers are not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the obstructions of the location.

Copyright

Title (possession) of and copyright to all products shall remain with the Photographers until client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographers and/or subcontractor(s) remain the property of the Photographers. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographers. Violators of this federal law will be subject to its civil and criminal penalties.

Permission is herby granted by the Client to the Photographers to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.

The Photographers retain the copyright to all images produced by the Photographers and/or the Photographers’s subcontractors. If purchasing Hi-Resolution images on CD/DVD or electronic download, Client will be given a written release to make personal copies of images from CDs or DVDs. The client understands the images given on CD/DVD or via electronic download cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographers.

No Commercial Use

The Client agrees to use images provided by the Photographers for non-commercial, personal use only. The posting of images to personal social media sites is allowed with proper attribution to the Photographers. The Photographers reserve all rights for commercial use of the Photographers’ images including, but not limited to, usage of the images in press, newspapers, magazines and other forms of editorial and commercial media.

Creative License

Images are edited at the Photographers’s discretion, and delivered prints or media may not include all images shot. The Photographers reserve the creative rights to edit and release only those images deemed creditable as professional in quality and within the Photographers’ artistic standards.

Force Majeure

If the Photographers or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographers shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographers. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

Returned Checks

Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographers in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.

Cost of ‘Sports Focus’ Photography

After receipt of the retainer fee of $25 and information to adequately identify the subject of the photography on the playing field, we will cover one home game of our choosing with a focus on your athlete.

This is a contract for personal photography services to be provided by the Photographers and/or individuals subcontracted to do work for the Photographers. The payment of the retainer establishes this contract between the Parties. The Parties agree to the above terms and conditions, and acknowledge that they have received, read, and understand the above.

Agree and order

Focus our attention on your athlete by:

  • Agreeing with all terms above (We will reject payments that answer ‘No’),
  • Enter the school and sport,
  • Tell us the level (Freshman, JV, Varsity) and uniform number.

# Game Coverage
Do you agree with the above terms and conditions?
School and sport
Level and Uniform #