DESCRIPTION OF SERVICES. Beginning on , , TAP has agreed to provide photography services (collectively, the "Services") as indicated above. A supplemental service list will be reviewed, approved and attached.
. All deposit fees are non-refundable. A minimum of 24 Hours’ notice will be required for cancellation of this Contract prior to the agreed contracted Service date. Any cancellation made with less than 24 Hours notice prior to the agreed upon Service date will result in the required full payment by the Client of monies outstanding. If the cancellation is initiated by TAP, all monies paid to TAP from the Client shall be fully refunded, INCLUDING the deposit fee. Refunds shall be paid out thirty (30) days after the cancellation by TAP to the person or entity from whom or which the funds derived. In the unlikely event that TAPS is unable to provide the services described in this Agreement on the Wedding/event Date for any reason including, but not limited to, illness, injury, emergency, or act of God, sudden event or other circumstances beyond the control of TAP, a Substitute Photographer may be sent at no cost to Client. This contract will be transferable to said Photographer. If the Client declines the Substitute Photographer, the Client may instead terminate this Agreement, and receive a full refund of all money paid.
• The Client agrees to pay TAP, a sum of $ plus $ SC Tax [8.5%] and $ [4.9%] processing/service fee for a TOTAL of $ in consideration of the photography services to be rendered by TAP. In consideration for this fee, TAP will devote ( ) hours to cover the event or occasion.
• TAP will provide proofs (Online Proofs www.taphotosc.com/browse) to review for final purchase of pictures.
• TAP will provide the Client with a cost sheet (INVOICE) itemizing the cost of different packages and individual photo purchases. Final payment (balance) of $ is due by the Client 48hrs before the event date .
• TAP will charge for any overtime services after the terms of Service has exceeded the Agreement time set. The first (1st) half hour (30 minutes) after the TAP Services Agreement time is NO charge. The thirty-first (31) minute begins an additional half hour charge of $75.00 per thirty (30) minutes per photographer (at the discretion of the TAP).
TAP and the Client agree that this Contract shall commence on the above date and terminate on . TAP shall provide the Client with samples of the final proofs within 30 days. Said agreement may be extended and/or renewed by mutual agreement of all parties in writing thereinafter.
Work Product Ownership
. Any copyrightable works, ideas, discoveries, products, or other information (collectively, the "Work Product") developed in whole or in part by TAP in connection with the Services will be the exclusive property of TAP. Upon request, TAP will execute all documents necessary to confirm or perfect the exclusive ownership of TAP to the Work Product. Copyright: All photographs taken by TAP are TAP property, will remain TAP property and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties. All photographs may be reviewed online at www.taphotosc.com/browse. TAP retains all photograph rights for (Terrance Warren), who took each photograph, as the owner of the copyright. The Client is owner of the event images and may use the images in any non-commercial manner without permission of TAP. TAP reserves the right to use the photograph(s) with visuals, text or other multimedia content in a commercial or non-commercial production for its promotional purposes in print, web, multimedia, and presentation, etc. The Client shall receive all photographs delivered on a USB Thumbdrive within thirty (30) business days after the fully paid event as all inclusive of the Agreement and cost.
TAP shall provide its Services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the Services which meet generally acceptable standards in TAP's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to TAP on similar projects.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have five (5) days from the effective default date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract. In the event a dispute out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with arises the laws of the State of South Carolina. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of South Carolina.
. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act of omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates. If in the event of unforeseen venue specific cancellations of TAP Services due to weather conditions or catastrophic structural events, and with agreement of the Client, TAP will allow a one (1) time rescheduling of service at a time and date not in conflict with TAP's schedule within two (2) calendar weeks, with no additional charge for services (excluding venue entry fees).
This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
This Contract shall be governed by the laws of the State of South Carolina
Waiver of Contractual Right
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.