Photography Order
This signed contract constitutes an order for photography in the form of services, photographs, prints (digital & physical) and albums (digital). There are no oral or other agreements of the parties hereto and this contract constitutes full and complete understanding and agreement between the client and Kevin Van Lierop.
Limit of Liability
Although care will be taken with the digital negatives and photographs taken of the event, Kevin Van Lierop limits any liability for loss, damage or failure to deliver photographs for any reason on behalf of Kevin Van Lierop, agents, assigns or licensees for their non-performace caused by any force or similar circumstances, illness, accident or any cause beyond their control; nor for the loss or damage of any photographic materials, whether in transit or in developing to return of all money paid by client. In any event, the limit of Kevin Van Lierop’s liability shall not exceed the contract price stated herein.
Exclusive Photobooth Photographer
It is understood that no other photographer, amateur or professional, shall be allowed to photograph the photo booth setup at the event while Kevin Van Lierop is working, and that any breach of this agreement will constitute a reason for non‐completion of the job with no liability to the Kevin Van Lierop and loss of deposit by the client.
Ownership of Digital Files
It is agreed that ownership of the digital files will transfer to the client upon delivery of the digital files to client’s physical control via DVD. Once The Client takes physical control of the files (via DVD), Kevin Van Lierop will no longer be responsible for supplying additional copies of the files, prints or digital files to The Client. Furthermore, Kevin Van Lierop will have the right to charge The Client a fee for additional Image DVDs as outlined in the Delivery Options section of this agreement, however, Kevin Van Lierop holds the right to refuse to deliver additional Delivery Items beyond those listed in this agreement.
Liability Insurance
It is agreed that the Client assumes all responsibility and liability for insurance purpose for Kevin Van Lierop, his equipment and his services while he is present at The Event (including 1 hour before/after The Event). Assuming this responsibility and liability includes personal injury any attendee, client, employee of the venue, Kevin Van Lierop or his assistants may incur. The Client acknowledges that they are responsible for checking with their insurer, The Venue, The Venue’s insurer and all other interested parities to ensure that Kevin Van Lierop, his equipment and his services are covered under the appropriate insurance policies. The Client acknowledges that upon signing this agreement they are taking full responsibility and liability for Kevin Van Lierop, his equipment and his services.
Display Promotion
It is agreed that Kevin Van Lierop may display and use photographs from The Event for advertising, display, website and internet promotion, photographic contests, trade shows, public display as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purposes thought proper by the Photographer.
Reservation Deposit & Payment Schedule
Upon signature, Kevin Van Lierop reserves the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the deposit of 50% (as noted in the Payment Information section) is non‐refundable, even if the date/time is changed or The Event is cancelled for any reason, including acts of God, fire, strike, extreme weather. The deposit is to be paid at time of parties signing this contract. The Client understands and agrees that the remainder of the amount owed (Balance Due) for the photography package described in this Contract is due no later than one week before The Event. Failure to pay the Balance Due one week before the event will constitute a any breach of this agreement will constitute a reason for non‐completion of the job with no liability to the Kevin Van Lierop and loss of deposit by the client.
Guaranteed Delivery Time
Kevin Van Lierop agrees to have the contracted order for photographs completed within three weeks (21 days including weekends) of the The Event. Online Purchasing Orders will be completed on a case by case basis and are subject to the time constrains of the online service being used. These time constrains are out of the control of Kevin Van Lierop.
Independent Contractor
This Contract is not to be construed as an employment agreement in any way. Kevin Van Lierop functions as an independent contractor.
Cancellation
In the event the Client must cancel the contracted services for photography on this contract, Kevin Van Lierop agrees to refund all money paid, excluding the non-refundable deposit outlined under the Payment Information section of this contract.
Travel
For all travel outside of London, Ontario (boundary defined by the municipal government), the client agrees a mileage fee of fifty cents per kilometer (50c/km) charge for each trip made by Kevin Van Lierop. This charge will be included in the overall charge for the event.
Rights
The Client warrants that he/she has the legal rights to anything Kevin Van Lierop will photography or videotape, including photos, music or other materials supplied by the client for use in this video, and consent of all attending guests and participants.
Kevin Van Lierop reserves the right to use the original photographs and/or reproductions for display, promotion, publication or other purposes,. This right can be waved by The Client by paying an additional fee of $250 and signing the declaration under the Display Promotion section of this agreement.
Kevin Van Lierop reserves the right to remove himself and all equipment at any time there appears to be a potential danger to him or equipment (weather, belligerent or rowdy, intoxicated people; improper fireworks; careless discharge of firearms; etc.). No refund (including The Deposit or other consideration shall be given in such cases.
Additional Time
The paid time for which Kevin Van Lierop will work under this contract is noted in the Event Details section of this contract. Kevin Van Lierop will set up and take down his equipment 1 hour before/after the schedule time at no additional cost. If the total job time exceeds the time contracted for (as outlined in the Event Details), extra charges will apply at $100/hr or part there of.
Statement of Reference
I The Client agree to provide Kevin Van Lierop on receipt of the digital files on an image DVD a 250 word (maximum) written testimonial (via email or hand delivered letter) that Kevin Van Lierop may use for any promotional uses as he sees fit, including the use of The Client’s name, work title and place of work.
Props Packages
Unless requested and paid for, the Primary Services DO NOT included any props what so ever. Any props paid for and used by the client are done so on a rental basis (for the period of the contract) and remain the property of Kevin Van Lierop. Props are not available to be purchased by the client from Kevin Van Lierop. All items listed are for illustration purposes and might not reflect items included for your event. Items are subject to availability and change.
The MugShot Lounge & Kevin Van Lierop
The MugShot Lounge is photography conducted by Kevin Van Lierop under the business name of Kevin van Lierop. The name MugShot Lounge is simply for illustration purposes and should not be considered to be another business entity. All payments are made to Kevin Van Lierop