Brittany Trinity Photography ContractBrittany Trinity, LLC
67319 Rachael Lane
Washington Township, MI 48095
This Agreement shall govern your relationship with Brittany Trinity, LLC (“BTL”) for photography services.
By entering into this Agreement, you agree to pay a non-refundable $100 deposit that shall be applied to a photography session prior to booking (“Deposit”). You understand that you must reschedule or cancel a photography session in writing no later than 24 hours prior to a scheduled session date and time. Further, you agree that any applicable photography session fees must be paid in full prior to the session date and that print and memory orders must be paid in full within 30 days of your photography session. All orders shall be subject to a 6% Michigan sales tax and any other taxes imposed by the respective local taxing authorities. All prices are subject to change without notice- to reserve pricing for photography packages, you must pay a Deposit. In the event that you are dissatisfied with the goods or services furnished to you by BTL, you agree that your sole and exclusive remedy shall be to allow BTL to retake any photo in issue and that fees paid to BTL shall not be refunded for any reason.
You hereby grant BTL the exclusive and unrestricted license to copyright, use, re-use, publish, republish, modify, and license all photographic portraits or pictures taken by BTL which contain your image, or an image of a party whom you are legally responsible for and/or are authorized to bind by contract. By entering into this Agreement, you hereby relinquish any right that you may have to examine or approve any product or advertising copy, printed or digital material that may be produced in conjunction with the license granted to BTL herein.
You hereby release, discharge and agree to save harmless BTL, its employees, contractors, representatives, and assigns, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
In the event that you fail to retrieve an order within sixty (60) days that you are notified that the order is ready for pickup, you agree to forfeit any property not retrieved by you and release BTL from any claim or refund in relation to that order.
Partial Invalidity. Waiver. Conflict of Terms. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, the remaining provisions will nevertheless remain in full force and effect. One or more waivers of a breach of the terms and conditions of this Agreement shall not constitute a waiver of any future breach thereof.
Statute of Limitations. You agree that any claim against BTL, whether arising in tort, contract, or otherwise, must be brought within 3 months of the date giving rise to the claim.
Entire Agreement; Modifications. This Agreement and any respective order sets forth the entire Agreement and understanding between the parties and merges all prior discussion between them. This Agreement may not be modified except by the written consent of both parties.
Indemnification. You agree to indemnify, defend, and hold BTL harmless, as well as its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third- party Web site provider, from and against all claims, demands, actions, liabilities, losses, expenses, damages, judgments and costs, including attorneys' fees, resulting from your violation of this Agreement or violation of State or Federal law. BTL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You must not in any event accept a settlement of any dispute relating to this contract without prior written consent of BTL.
Attorneys’ Fees. If legal proceedings are instituted to enforce any or the terms and conditions of an Order or this Agreement, you agree to pay all costs of BTL in connection therewith, including actual attorneys’ fees.
Applicable Law. Venue and Jurisdiction. Dispute Resolution. This Agreement shall be subject to and governed by the laws of the State of Michigan. Venue for any legal action arising out of this Agreement shall be exclusively within the State of Michigan, Oakland County Circuit Court or the Federal District Court for the Eastern District of Michigan.
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