This agreement is a binding contract between the client information provided at yellowpaddle.com (hereinafter the “Client”) and Yellow Paddle Photography, LLC (“Yellow Paddle”) (the “Contract”).
EVENT INFORMATION
By this Contract, the Client appoints Yellow Paddle as his or her official photographer for his or her special event (the “Event”).
PAYMENTS
A deposit of $100 is due along with the execution of this Contract. Once the deposit and contract are completed, the Client’s date will officially be scheduled. Travel fee, when applicable, is due no later than one week before the Event. CLIENT ACKNOWLEDGES THAT HIS OR HER FAILURE TO MAKE FULL PAYMENT AT LEAST ONE WEEK PRIOR TO THE EVENT IS A MATERIAL BREACH OF THIS CONTRACT AND WILL EXCUSE YELLOW PADDLE’S FUTURE PERFORMANCE AND ATTENDANCE AT THE EVENT. The final payment will be invoiced through paypal and must be completed online. Yellow Paddle will not accept payment over the phone or in person.
SERVICES
Services are based upon Client’s selection of offered packages. Packages can be upgraded but cannot be downgraded or changed resulting in a lower price. The photographer selected by Client cannot be changed unless: 1) special circumstances arise; and 2) Yellow Paddle approves the change. Any special package request will be formally presented and agreed upon in writing. All packages include digital copies of the images presented to Client by Yellow Paddle, in Yellow Paddle’s sole discretion. In addition to original color images, 20% of images will be creatively edited. This may include the use of filters, cropping and basic techniques. These creative edits are in the sole discretion of the selected photographer and Yellow Paddle. Additional editing, including, but not limited to, blemish removal, object removal or advanced editing techniques, can be arranged for an additional fee after images have been presented. Fees for editing are assessed based on the scope of work as determined solely by the photographer and Yellow Paddle. The Client may request additional time of Yellow Paddle’s photographer(s) than that which is set forth in their agreed-upon package. The Client will be billed at the rate of $150 per hour for 1 photographer and $200 per hour for 2 photographers for any time which exceeds that set forth in the agreed-upon package. These hours must be used consecutively.
PRODUCTS
Thumb drives will contain only those images presented to Client by Yellow Paddle, in Yellow Paddle’s sole discretion. Client can order thumb drives from Yellow Paddle for up to one year from the date of the Event. Prints and products can be purchased through the online gallery with our partner, SmugMug, Inc. All print and/or product questions, or issues with print and/or products are the responsibility of SmugMug, Inc. and not Yellow Paddle.
TRAVEL
Any Event which takes place more than 30 miles outside of Denver is subject to a travel fee. Travel fees will be determined based on round-trip mileage from Denver to Event location, at the rate of $1.00 per mile, per photographer, with $100 being the minimum charge. Any Event which requires the photographer to travel from Denver proper before 6:00 am or after 1:00 am, will be charged an additional lodging fee of $100. Further, should the Event take more than 14 hours of the photographers’ time, including travel, an additional $100 fee will be assessed. Yellow Paddle expressly reserves the right to charge and collect any of the above-referenced fees after the completion of the Event, in Yellow Paddle’s sole discretion. The Client is responsible for providing parking for the photographer(s) and will be charged for any additional parking charges the photographer(s) incur(s) in attending the Event.
Travel Fee Calculator:
Total round-trip mileage from Denver:_____- 60 miles =_____X $1.00=______X ___number of photographers =
Travel fee will not go below $100.
IMAGE PROCESSING/PRINTING
Upon completion of the Event, Client will receive a link to a personal website containing downloadable high resolution JPEG files of their Event images. This website will be active for one year after it is produced. The personal website will be presented to the Client in a timely manner. All images may be reprinted, duplicated, digitally reproduced, copied, scanned, and altered (digitally or otherwise) by Client, however, the images are for the Client’s personal use only. Any print credit that is issued expires when the online gallery expires. Yellow Paddle will not release any RAW images.
USE OF IMAGES.
Unless Yellow Paddle and Client expressly agree otherwise, Yellow Paddle has the right to use the negative materials, transparencies, and electronic digital images taken under this Contract for purposes of creating and displaying samples of Yellow Paddle’s work, entry in photographic exhibitions, and other photographic contests, editorial, or art displays and general display for Yellow Paddle.
PHOTO ARCHIVAL
Upon receipt of the personal website, Client accepts all responsibility for archiving and protecting the photographs. The Client is responsible to verify all images within one week of receiving their website. Yellow Paddle does not permanently archive image files. Yellow Paddle is not responsible for the lifespan of any digital media provided or for any future changes in digital technology. It is Client’s responsibility to make sure that digital files are downloaded from the website within one year of publication.
EXCLUSIVITY
In order for Client to receive the best service and most compelling photos possible, Yellow Paddle must be the exclusive professional photographer for the Event. Additional professional photographers may be employed only with prior written permission from Yellow Paddle. Guest photographers are welcome with caution. Yellow Paddle will request the Client’s intervention if a guest is inhibiting Yellow Paddle’s ability to fully document the Event. Videographers and photobooths are permitted.
HARASSMENT
Ensuring the appropriate behavior of all guests and other persons at the Event shall be the responsibility of Client. Should any employee of Yellow Paddle experience any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the Event, the Client agrees the offending guest or person shall be removed immediately.
TERMS OF USE/PRIVACY POLICY
This Contract is governed by Yellow Paddle’s Terms of Use and Privacy Policy located at Yellowpaddle.com and are incorporated herein by reference.
LIMITS OF LIABILITY
YELLOW PADDLE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF LEGAL OR EQUITABLE THEORY, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL YELLOW PADDLE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS CONTRACT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO YELLOW PADDLE FOR THE GOODS AND SERVICES SOLD HEREUNDER.
DISCLAIMER
WEDDINGS AND OTHER SPECIAL EVENTS ARE LIVE. FOR THIS REASON, YELLOW PADDLE CANNOT GUARANTEE ANY SPECIFIC NUMBER OF PHOTOS OR CERTAIN TYPE OF PHOTO TO BE PRODUCED TO CLIENT. YELLOW PADDLE PROVIDES ALL SERVICES ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, YELLOW PADDLE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, YELLOW MAKES NO GUARANTEES WITH RESPECT TO THE PERFORMANCE OF ANY GOOD OR SERVICE.
FORCE MAJEURE
In the event that the terms of this Contract cannot be completed due to Act of God, strikes or other labor disturbances, severe weather conditions of any type, riots or civil disturbances, pandemics, action or requisition by any local, state or federal governmental unit or agency, any event considered a force majeure, or any other event or act outside the control of Yellow Paddle or its employees, Yellow Paddle Photography shall be entitled to keep all payments made by Clients for services rendered by Yellow Paddle Photography up to the point of proper notice of a Force Majeure event. These services include engagement/personal sessions charged at $200 a session plus any travel fee associated with the session, personal communication with photographer reviewing the completed checklist charged at $150 per hour and the cost of any permits obtained by Yellow Paddle Photography specific to the contracted location. Additional payments that have been made for services not completed shall be refunded. The Client assumes all responsibility for any incomplete coverage in the event of tardiness, venue restrictions, issues with guests, family, wedding party or weather.
CLIENT’S RESPONSIBILITY
It is the Client’s responsibility to communicate with Yellow Paddle all details associated with the Client’s photography needs. This includes, but is not limited to: scheduling additional photography services (engagement sessions), changes in Event date or location, completing paperwork in a timely manner, and all payment issues. It is also the Client’s responsibility to communicate any expectations that go above and beyond the standard checklist. These requests must be made in writing and approved by Yellow Paddle. It is the Client’s responsibility to schedule and receive permission to use the locations at the Event intended for photography, including the wedding and reception locations, and any other locations used during the Event. Any permits required must be provided by the Client, or otherwise agreed to by Yellow Paddle Photography, 30 days in advance of the Event. Any tickets or fees a photographer may occur during the Event, due the Client’s requests, or insufficient permits obtained by the Client, will be the financial responsibility of the Client.
RESCHEDULING AND CANCELLATION
Rescheduling: If Client wishes to move his or her Event date, he or she may do, if the date and the contracted photographers are available. These changes must be agreed to in writing signed by Client and Yellow Paddle Photography. Cancellation: All cancellations must be received in writing. Any Client who cancels greater than sixty days in advance of his or her event will forfeit his or 50% her deposit. Any Client who cancels less than sixty days in advance of his or her Event is required to fulfill all amounts owed under this Contract. These provisions are not a penalty, but rather a reasonable amount of liquidated damages to compensate Yellow Paddle for cancellation of the Event.
COLLECTION OF AMOUNTS OWED
Client agrees to pay all costs of collection (including attorney’s fees, costs and other legal and collection expenses) incurred by Yellow Paddle in connection with enforcement of its right to payment under the terms of this Contract.
INDEMNIFICATION
Client agrees to indemnify, defend and hold harmless Yellow Paddle, its subsidiaries, partners, officers, directors, and employees from any third party claims (including without limitation, reasonable attorney’s fees and court costs) arising out of or relating to Client’s breach of this Contract.
CHOICE OF LAW
This Contract and its interpretation, and all controversies, arising hereunder, shall be governed by the applicable statutory and common law of the state of Colorado without giving effect to conflict of law principles.
ENTIRE AGREEMENT
This Contract, along with the Terms of Use/Privacy Policy located at Yellowpaddle.com, constitute the entire agreement between the parties. All prior agreements, discussions, representations, warranties and covenants are merged herein. Any amendments or modifications of this Contract shall be in writing and executed by both Yellow Paddle and Client.
SEVERABILITY
If any provision of this Contract or the application thereof is held invalid, illegal or unenforceable by any court of competent jurisdiction, (a) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of Yellow Paddle and Client in accordance with applicable law, and (b), the remaining terms, provisions, covenants and restrictions of this Contract will remain in full force and effect.
