P.S. & Co. Proposal Photography Package

Services

Vendor shall provide Client with the following services and/or products ("Services"):

 

Exclusivity

Exclusivity. Client understands and agrees that he or she has hired Vendor exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Vendor hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

 

Intellectual Property

Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business. Permitted Uses of Product(s). Vendor grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Vendor with attribution each time Client uses Vendor’s property. Personal use includes, but is not limited to, use within the following contexts:

● In photos on Client’s personal social media pages or profiles; or

● In personal creations, such as a scrapbook or personal gift; or

● In personal communications, such as a family newsletter or email or holiday card.

 

Artistic Release

Style: Client has spent a satisfactory amount of time reviewing Vendor’s work and has a reasonable expectation that Vendor will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency: Vendor will use reasonable efforts to ensure Client's desired Services are produced in a styleand manner consistent with Vendor's current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

 

• Every client and event is different, with different tastes, budgets, and needs;

• P.S. & Co. services are often a subjective art and Vendor has a unique vision, with an ever-evolving style and technique;

• Vendor will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;

• Although Vendor will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Vendor shall have final say regarding the aesthetic judgment and artistic quality of the Services;

• Dissatisfaction with Vendor's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

 

Impossibility

Force Majeure: Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

• A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or

• War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

• Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services: In the event Vendor cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

• Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

• Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and

• Excuse Client of any further performance and/or payment obligations in this Agreement.

 

Appropriate Conduct/ Safe Working Environment:

Event: The Client(s) expressly agree(s) to behave in a manner that best supports P.S. & Co. and Vendor’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either P.S. & Co. or a bystander to present a threat or implied threat of injury or harm to P.S. & Co. staff or equipment, at P.S. & Co.’s discretion, P.S. & Co. may enact a three-strike policy. After the first offense, P.S. & Co. will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in

a reasonable amount of time (maximum of 15 minutes), P.S. & Co. shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, P.S. & Co. will immediately leave the event. If P.S. & Co. leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold P.S. & Co. harmless as a result of incomplete event coverage, or for a lapse in the quality of P.S. & Co.’s work, and the Client(s) shall be responsible for payment in full.

Disclaimer:  if client chooses to decline the services of a professional photographer, client may NOT ask P.S. & Co. staff to take photographs.  Our staff is very busy with service and unable to walk away from their duties to take mediocre photographs for client's special moments.  We recommend bringing your own photographer or hiring our recommended professional, Tommy Leonardi!