This Agreement is made effective for all purposes in all respects as of today’s date by and between the customer/client and Deana Martin, herinafter referred to as “the COMPANY” and This is My/Our Story, hereinafter referred to as “The CLIENT” relating to the BOOK(s) detailed below, hereinafter referred to as “The Book(s).
ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY 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 parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION: A signed contract and retainer fee are required to reserve the delivery date and publication of the BOOK(S). If the BOOK(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY’s materials charges incurred up to time of cancellation.
BOOK CREATION / PUBLICATION SCHEDULE: The client agrees to confirm the schedule one-week prior to the BOOK(S) beginning creation date. Notification of any changes in schedule must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.
SAFETY: The COMPANY reserves to right to terminate coverage and creation of the BOOK(S) if Deana Martin of The COMPANY experiences inappropriate, threatening, hostile or offensive behavior from The CLIENT(s) and any of the family or friends The CLIENT; or if The CLIENT or any of the family or friends of The CLIENT submits any written or photographic material that Deana Martin feels is inappropriate/pornographic.
PUBLICATION TIME / EXTRA COPIES / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Emails and interviews commence at the agreed upon scheduled start time and ends at the scheduled end time. If The CLIENT does not submit written or verbal responses within ten days of any email/text or interview request, then the publication deadline for the Book becomes null and void.
EXPENSES INCURRED: When applicable, The CLIENT is responsible for all photography release fees charged by The CLIENT’s hired photographer(s).
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect contact information including by not limited to email addresses, phone numbers, or physical addresses provided to the COMPANY. The COMPANY is not responsible for backgrounds, blurry photographs, age, condition, or lighting conditions which may negatively impact or restrict the photographic coverage portion of the Book. The COMPANY is not held liable for missed coverage of any part of the BOOK(S).
FILM and COPYRIGHTS: The Books produced and published by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicitly written permission.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the Deana Martin of the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement or refund. If the situation should occur and a suitable replacement is cannot be agreed upon by both parties, responsibility and liability is limited to the return of all payments received for the BOOK(S). In the unlikely BOOK that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to camera, hard drive, software, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the BOOK(S). 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. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: The COMPANY is not liable to include every image, interview, or response in the BOOK. The determination of images and text included in the final published Book is left to the discretion of the COMPANY.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the Book(s) are left to the discretion of the COMPANY.
PAYMENT SCHEDULE: The aforementioned non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full prior to or the month of the BOOK(S) being shipped. In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not complete the BOOK(S). Returned checks will be assessed a $75 non-sufficient funds fee.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.