• Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event. Guests, Family and friends of the Client shall be permitted to photograph as long as they shall not interfere with the Photographer’s duties.

• Deposit and Payment. The Client shall make a 20% non-refundable deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. Balance shall be paid in full during or before the event for the service to be provided.

• Photo Materials. All photos will be posted on line for you to view and order from. A CD of your proofs will be provided and these photos can be printed on your own computer, however, quality of computer printing and/or commercial photo printing is not guaranteed. The CD shall become property of the Client.

• Copyrights and Reproductions. The Photographer shall retain rights to all photographs, digital negatives or prints. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. The Client is obtaining images for personal use only, and shall not sell said images or authorize any reproductions thereof by parties other than the Photographer. The digital negatives may be used on personal and social websites as long as a copyright notice appears near the images stating that Christina O’Brien Photography took them.

• Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

• Photographer. The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.

• Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD or CD media which may deteriorate due to delaminating and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.

• Travel: Jobs outside a 20 miles radius will incur a travel charge of $1 per mile one way.

• Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

• Miscellaneous. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The laws of the State of California shall govern this Agreement.