THIS AGREEMENT is made at the time of the form submission between the “Client”, and CJ Byrd Media LLC (“Provider”).
1.1 Services. Subject to the terms set out herein, Client engages Provider to provide, and Provider agrees to provide services outlined in, but not limited to, the SERVICE PAGE: https://cjthephotog.com/services/.
As part of the Services, the Provider will produce or take similar action to create materials from Images and provide related deliverables (as set out above) pursuant to the provision of the Services (“Work Product”). “Images” means photographic material, whether still or moving, created by Provider pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints or digital files, captured, recorded, stored or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital or any other medium.
1.2 Exclusivity. Client acknowledges and agrees that Provider will be the exclusive provider of the Services, unless otherwise agreed to by the parties in writing.
2.1 Fees. Client will pay Provider the fees set out herein in this Section 2.1 (“Fees”), including any applicable federal or state/provincial sales or value-added taxes due on such Fees. The fees include but are not limited to:
2.2 Retainer. Client acknowledges and agrees that the retainer amount set out above is due upon the signing of this Agreement and is not refundable (“Retainer”), so as to fairly compensate Provider for committing his/her time to provide the Services and turning down other potential projects or clients. Both parties agree that the Retainer will be credited towards the total Fees payable by Client.
2.3 Invoice. Provider will issue an invoice to Client upon agreement of the Services (“Invoice”). Client agrees to pay all Fees outstanding on or prior to the due dates set out in Section 2.1. Any payment after the due date will incur a late fee of 5% per month on the outstanding balance. Client acknowledges that the final amount payable may be subject to change depending on the amount actual expenses incurred. Client confirms and agrees that the final calculations provided in the Invoice, should they be different from the total listed in Section 2.1, will be the final amount payable.
3.1 Required Consents. Client will ensure that all required consents, as applicable, have been obtained prior to performance of the Services, including any consents required for the performance of Services and the delivery of Work Product by Provider and, as applicable, from venues or locales where the Services are to be performed or from attendees or participants.
3.2 Expenses. Client will provide the means of travel or be responsible for reasonable travel expenses incurred by Provider that are necessary for the performance of the Services or travel that is otherwise requested by Client where the location of the performance of the Services is not within 20 miles of where Provider resides (Alexandria, VA). Client will be responsible for any other expenses incurred by Provider that are necessary for the performance of the Services as more particularly set out in Article 2.
3.3 Waiver. Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services) hereby waives all rights and claims, and releases Provider from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.