Photography Agreement

ANNA PHILLIPS PHOTOGRAPHY, LLC, a Colorado limited liability company (“ANNA PHILLIPS PHOTOGRAPHY”), will photograph Client’s Event subject to the Terms and Conditions (“Agreement”) outlined below:

1. EXCLUSIVE PHOTOGRAPHER: ANNA PHILLIPS PHOTOGRAPHY shall be the exclusive photographer (“photographer”) retained by CLIENT for the purpose of photographing the event or scheduled session. During the event, guests, family and friends of CLIENT shall be permitted to photograph as long as they do not interfere with the Photographer`s duties.

2. POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the sole discretion of ANNA PHILLIPS PHOTOGRAPHY.

3. EVENT SCHEDULE: CLIENT agrees to confirm the schedule one-week prior to the Event(s). Notification of any changes in schedule or location must be made in a timely manner and CLIENT must obtain confirmation of receipt from ANNA PHILLIPS PHOTOGRAPHY.

4. SHOOTING TIME / ADDITIONS: CLIENT and ANNA PHILLIPS PHOTOGRAPHY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If CLIENT does not arrive at the appointed in time for the Event(s), shooting will still commence at the scheduled start time and end at the scheduled end time. The CLIENT will pay all additional time beyond the scheduled end time within fifteen (15) days after the event.

5. RESERVATION: A signed contract and non-refundable deposit fee are required to reserve the dates and times of the Event(s). If the Event(s) are rescheduled, postponed, or cancelled; or if there is a breach of contract by CLIENT, the deposit is non-refundable. CLIENT shall also be responsible for payment for any expenses incurred by ANNA PHILLIPS PHOTOGRAPHY up to time of cancellation.

6. DEPOSIT AND PAYMENTS: CLIENT shall make a non-refundable deposit to retain ANNA PHILLIPS PHOTOGRAPHY to perform the photography services specified herein. The deposit shall be applied to reduce the total cost of the services, and CLIENT shall pay the balance due prior to the beginning of the first Event. If CLIENT fails to remit full payment as specified above, ANNA PHILLIPS PHOTOGRAPHY shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not provide services at the Event(s). Returned checks will be assessed as non-sufficient funds fee of $30.00.

7. STANDARD PRICE LIST: The charges in the Agreement are based on ANNA PHILLIPS PHOTOGRAPHY’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.

8. RESPONSIBILITIES AND FORCE MAJEURE: ANNA PHILLIPS PHOTOGRAPHY is not responsible for compromised coverage due to causes beyond the control of ANNA PHILLIPS PHOTOGRAPHY including but not limited to obtrusive guests, lateness of the Event(s) or guests, weather conditions, schedule complications, incorrect addresses provided to ANNA PHILLIPS PHOTOGRAPHY, rendering of decorations, restriction of the locations, governmental mandates, or any other occurrences outside the control of ANNA PHILLIPS PHOTOGRAPHY. In such an event, ANNA PHILLIPS PHOTOGRAPHY will be entitled to keep the deposit, be reimbursed for any expenses already incurred, and ANNA PHILLIPS PHOTOGRAPHY shall have no further liability with respect to the Agreement. ANNA PHILLIPS PHOTOGRAPHY is not responsible for backgrounds or lighting conditions, which may negatively impact or restrict the photo coverage. ANNA PHILLIPS PHOTOGRAPHY shall not be held liable for missed coverage of any part of the Event(s). ANNA PHILLIPS PHOTOGRAPHY will not be held liable for failure to deliver images of any individuals or any objects at the Event(s).

9. VENUE AND LOCATION LIMITATIONS: ANNA PHILLIPS PHOTOGRAPHY is limited by the rules and guidelines of the location(s) and site management. CLIENT agrees to accept the technical results of their imposition on ANNA PHILLIPS PHOTOGRAPHY. Negotiation with the officials for moderation of guidelines is CLIENT`s responsibility; ANNA PHILLIPS PHOTOGRAPHY may, but is not required to, offer technical recommendations only.

10. PERMITS: CLIENT is responsible for acquiring all permits and necessary permission for all locations on which ANNA PHILLIPS PHOTOGRAPHY will be performing services.

11. SAFETY: ANNA PHILLIPS PHOTOGRAPHY reserves the right to terminate coverage and leave the location of the Event(s) if the photographer from ANNA PHILLIPS PHOTOGRAPHY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the Event(s); or in the event that the safety of the photographer from ANNA PHILLIPS PHOTOGRAPHY is in question.

12. DAMAGE TO MATERIALS: In the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the event, or if the provided Photographer fails to perform for any other reason, ANNA PHILLIPS PHOTOGRAPHY and the Photographer shall not be liable for any amount in excess of the retail value of the CLIENT`s order. If CLIENT, or a guest or service provider of CLIENT damages any equipment of ANNA PHILLIPS PHOTOGRAPHY, CLIENT shall be solely responsible for the replacement cost of the new equipment of equal or higher quality.

13. LOSS: In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond ANNA PHILLIPS PHOTOGRAPHY control, including but not limited to camera, hard drive, or equipment malfunction, ANNA PHILLIPS PHOTOGRAPHY shall return all or a portion of the payment received for the Event(s). The limit of liability for a partial loss of the originals shall be the prorated amount of the exposures lost based on the percentage of total number of originals. ANNA PHILLIPS PHOTOGRAPHY is not liable for the loss of images after final delivery of all products included in the package, and in no cases shall ANNA PHILLIPS PHOTOGRAPHY be liable to CLIENT more than one year after the photos are taken.

14. PHOTOGRAPHER: ANNA PHILLIPS PHOTOGRAPHY may substitute another Photographer to take the photographs in the event of a Photographer`s illness or of a scheduling conflict. In the event of such substitution, ANNA PHILLIPS PHOTOGRAPHY warrants that the photographer taking the photographs shall be a competent professional.

15. MODEL RELEASE: CLIENT hereby assigns ANNA PHILLIPS PHOTOGRAPHY the irrevocable and unrestricted right to use and publish photographs of CLIENT or in which 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 profit that may arise from use of images.

16. CLIENT`S USAGE: CLIENT is obtaining digital copies for personal, social media, hard copy print use only, and shall not sell said prints or digital media. If CLIENT is obtaining a print for a newspaper announcement of the wedding, editorial use or website, ANNA PHILLIPS PHOTOGRAPHY authorizes CLIENT to reproduce the print in this manner. In such event, CLIENT shall run a photo credit for ANNA PHILLIPS PHOTOGRAPHY adjacent to the photograph. If CLIENT manipulates the photos in any way, including, but not limited to cropping, adding color effects, or any other editing function, CLIENT may not use the name of the Photographer or ANNA PHILLIPS PHOTOGRAPHY and may not use photos with ANNA PHILLIPS PHOTOGRAPHY`s logos. This provision does not apply when a photo is used as a Facebook profile photo, which may be cropped as a square shape. ANNA PHILLIPS PHOTOGRAPHY can crop a photo for a Facebook profile picture for CLIENT without extra charge.

17. REPRODUCTION OF DIGITAL FILES/FILM AND COPYRIGHTS: The photographs produced by ANNA PHILLIPS PHOTOGRAPHY are the sole and exclusive property of ANNA PHILLIPS PHOTOGRAPHY and are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without ANNA PHILLIPS PHOTOGRAPHY’s explicit written permission. If CLIENT purchases additional digital copies (such as an Image DVD or flash drive) from ANNA PHILLIPS PHOTOGRAPHY, upon final payment by CLIENT, limited copyright ownership of the resulting images will be transferred to CLIENT. If CLIENT purchases additional copies from ANNA PHILLIPS PHOTOGRAPHY, then CLIENT has permission to share the images on social networking websites, with family and friends, and on vendor website as long as the images remain unaltered and credit is explicitly given to ANNA PHILLIPS PHOTOGRAPHY. CLIENT must obtain written permission from ANNA PHILLIPS PHOTOGRAPHY prior to publishing or selling the photographs. ANNA PHILLIPS PHOTOGRAPHY shall own the copyright in all images created and shall have the exclusive right to make reproductions. ANNA PHILLIPS PHOTOGRAPHY may use any photographs taken by ANNA PHILLIPS PHOTOGRAPHY for its own portfolio, samples, self-promotions, marketing materials, entry in photographic contests, art exhibitions, editorial use, website, social media sites, or for display within or outside of ANNA PHILLIPS PHOTOGRAPHY’s studio.

18. 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, CD or storage devices; which may deteriorate due to delamination, oxidation, or any other deterioration and CLIENT releases ANNA PHILLIPS PHOTOGRAPHY from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.

19. EXPENSES INCURRED: When applicable, CLIENT is responsible for all reasonable travel, accommodation, meal and transport costs unless provided by CLIENT.

20. TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and ANNA PHILLIPS PHOTOGRAPHY’s studio address. For all Event(s), the first 100 miles round-trip of travel are including in the price of package. All miles in excess of 100 miles round-trip are charged at $0.75 per mile and a one-time $30 maintenance fee, which CLIENT will pay within 15 days after the event, if Photographer traveled by personal vehicle or a vehicle owned by ANNA PHILLIPS PHOTOGRAPHY. If ANNA PHILLIPS PHOTOGRAPHY has to stay at an event past 10:00pm that is more than fifty (50) miles from the Denver city limits, additional lodging fees will apply per photographer.

21. CAPTURE AND DELIVERY: ANNA PHILLIPS PHOTOGRAPHY in not liable to deliver every image taken at the event. The determination of images delivered to CLIENT is left to the discretion of ANNA PHILLIPS PHOTOGRAPHY.

22. JOINT AND SEVERAL LIABILITY: If there is more than one CLIENT that is a party to this agreement, each CLIENT shall be jointly and severally liable for the full amount due, and guarantees the timely payment (not to exceed fifteen (15) days after the Event). Any delay in payment beyond fifteen (15) days shall incur interest at a rate of twelve percent (12%) per year.

23. ATTORNEY’S FEES AND COSTS: In any dispute that arises under this Agreement based on unpaid photography fees, the prevailing Party shall be entitled to recover reasonable attorney’s fees and costs, including court costs, from the losing Party.

24. RELEASE OF LIABILITY: Client hereby agrees to comply with the terms of this Agreement and CLIENT hereby indemnifies, defends, releases, agrees not to sue or make demand, and holds Anna Phillips Photography harmless from any liability, damages, defense costs, attorney’s fees, and any other costs incurred in connection with any claims, including but not limited to, bodily injury, wrongful death, wrongful acts, medical expenses, economic loss, property damage and/or negligence, arising directly or indirectly, from Anna Phillips Photography, including its members, agents, affiliates, and assignees acts or omissions that are or could be brought by CLIENT, CLIENT’S spouse, or CLIENT’S guests.

25. CONSTRUCTION: This Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

26. HEADINGS: Article and section titles have been inserted for convenience of reference only. They are not intended to affect the meaning or interpretation of this Agreement.

27. ENTIRE AGREEMENT: This agreement contains the entire understanding between ANNA PHILLIPS PHOTOGRAPHY and CLIENT. It supersedes all prior and simultaneous agreement 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.

28. GOVERNING LAW:This Agreement shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions, which might indicate the applicability of any other state’s laws, and Denver County, Colorado shall have the sole jurisdiction of any and all controversies or claims arising out of or relating to this Agreement, or the breach thereof, or the interpretation thereof. Either party may be served anywhere in the United States where they may be found.

Wardrobe Styling Agreement

Client hereby requests Wardrobe Styling Services (“Styling Services”) to be provided by Anna Phillips Photography, LLC, a Colorado limited liability company. Styling Services shall include wardrobe and fashion consultations that may include clothing and accessory suggestions, color recommendations, and guidance related to appropriate models and modeling.

A nonrefundable payment will be required prior to the styling services. Styling Services must be paid in advance and the fee for those services shall discussed prior to the services.

Products purchased for a Client or by a Client based on the suggestions of Anna Phillips Photography shall be non-refundable and Anna Phillips Photography shall not be liable for any damages or claims related in any way to the styling services recommended by Anna Phillips Photography.

Client hereby agrees to comply with the written suggestions above and hereby indemnifies, defends, releases, agrees not to sue or make demand, and holds Anna Phillips Photography harmless from any liability, damages, defense costs, attorney’s fees, and any other costs incurred in connection with any claims, including but not limited to, bodily injury, wrongful death, wrongful acts, medical expenses, economic loss, property damage and/or negligence, arising directly or indirectly, from Anna Phillips Photography, including its members, agents, affiliates, and assignees acts or omissions that are or could be brought by Client, Client’s spouse, or Client’s guests. Furthermore, Client understands that Anna Phillips Photography is providing Styling Services and shall not be held liable for defective products or styles that do not meet Client’s expectations.

All terms of the Photography Agreement shall specifically be incorporated herein.

I have read and understand this agreement, including the terms and conditions, and agree to be bound by them.

ANNA PHILLIPS PHOTOGRAPHY 2022