1. Deposit and Payment. The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. If the Client refuses delivery of the order or refuses to pay within thirty (30) days of this order, Client shall be in default hereunder and shall pay _____ percent interest on the unpaid balance until payment is made in full.

2. Cancellation. If the Client shall cancel this Agreement ______ or more calendar days before the session date, any deposit paid to the Photographer shall be refunded in full. If Client shall cancel within ______ days of the session date and if the Photographer does not obtain another assignment for that time, liquidated damages shall be charged in a reasonable amount not to exceed the deposit.

3. Video Materials. All videotapes created by the Photographer shall be the exclusive property of the Photographer. The Photographer shall make either the unedited or the edited videotape available to the Client for the purpose of review and ordering copies. The Client shall view such videotape at the Photographer’s studio only. The Client shall not remove any copy of the videotape from the studio unless payment has been made in full pursuant to this Agreement

4. Copyright and Reproductions. The Photographer shall own the copyright in the videotapes created and shall have the exclusive right to make copies of them. The Photographer shall only make copies for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for viewing within or on the outside of the Photographer’s studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.

5. Client’s Usage. The Client is obtaining copies for personal use only, and shall not sell said copies or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining copies for sale or reproduction, Photographer authorizes Client to sell or reproduce only as set forth under Special Usage Requirements on the front of this form.

6. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that the videotape is lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform pursuant to the terms of this Agreement for any other reason, including but not limited to problems with exposure, editing, duplication, or delivery, Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

7. Photographer. The Photographer may substitute another photographer to take the video in the event of Photographer’s illness or scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the video shall be a competent professional.

8. Credit. Photographer reserves the right to place a credit line at the beginning or end of the videotape as well as on the cassette or any packaging.

9. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’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.

10. Client’s Originals. If the Client is providing original videotapes to the Photographer for duplication or any other purpose, in the event of loss or damage the Photographer shall not be liable for an amount in excess of $_____ per videotape.

11. Arbitration. All disputes arising under Agreement shall be submitted to binding arbitration before_________________ in the following location ____________________________________ and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $_______.

12. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of ____________________.