These Terms and Conditions (“Agreement”) are entered into between Mixie Media (“Photographer”) and the client (“Client”) for the provision of event photography services. By engaging Mixie Media’s services, the Client agrees to the following terms and conditions:
Scope of Services:
1.1 The Photographer agrees to provide event photography services as described in the agreed-upon proposal or booking agreement.
1.2 The Client acknowledges that the Photographer’s style, techniques, and artistic interpretation will be applied to the photographs, and the Photographer has the creative discretion to select and edit the final images.
Booking and Payment:
2.1 A non-refundable retainer fee is required at the time of booking to reserve the Photographer’s services for the event. The remaining balance shall be paid in full prior to or on the event day unless otherwise agreed upon.
2.2 If the Client cancels the event or changes the date, the retainer fee is non-refundable. In case of postponement, the Photographer will make reasonable efforts to accommodate the new date, subject to availability.
Copyright and Usage:
3.1 The Photographer retains the copyright to all photographs taken during the event, including the right to make reproductions for portfolio, advertising, display, or other purposes.
3.2 The Client is granted a personal, non-exclusive, non-transferable license to use the photographs for personal use only. The Client shall not use the photographs for commercial purposes without obtaining written permission from the Photographer.
3.3 The Client agrees not to alter, edit, or add filters to the photographs without the Photographer’s consent. Cropping for social media usage is allowed, provided proper credit is given to the Photographer.
Model Release:
4.1 The Client grants the Photographer and its legal representatives, heirs, and assigns the irrevocable and unrestricted right to use and publish photographs of the Client and event attendees for editorial, advertising, portfolio, or other purposes.
4.2 The Client acknowledges that the Photographer is not responsible for obtaining releases from individuals or entities for commercial use of the photographs.
Liability and Indemnification:
5.1 The Photographer will take reasonable care in capturing, processing, and storing the photographs. However, in the event of unforeseen circumstances, including but not limited to equipment failure, loss, theft, or any other unforeseen event, the Photographer’s liability is limited to the return of all payments received.
5.2 The Client agrees to indemnify and hold the Photographer harmless against any claims, damages, losses, or expenses arising out of the Client’s use of the photographs.
Confidentiality:
6.1 The Photographer will treat all client information and event details as confidential and will not share them with third parties without the Client’s consent, except as required by law.
Force Majeure:
7.1 The Photographer shall not be liable for any delay or failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or other emergencies.
Governing Law and Jurisdiction:
8.1 This Agreement shall be governed by and construed in accordance with the laws of Pennsylvania. Any disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts of Pennsylvania.
Entire Agreement:
9.1 This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, understandings, or representations, whether oral or written.
By engaging Mixie Media’s event photography services, the Client acknowledges and agrees to be bound by these Terms and Conditions.