Text Box: Agreement for Wedding Photography [1] "Photograph(s)" means all photographic material furnished by Lewis Brown’s Photography, hereinafter "Photographer", whether transparencies, negatives, prints, digital images or otherwise. [2] Except as otherwise specifically provided herein, all photographs and rights therein, including copyright, remain the sole and exclusive property of Photographer. Any additional uses require the prior written agreement of Photographer on the terms to be negotiated. Unless otherwise provided herein, any grant of rights is limited to the private use of photographic material purchased by the individuals. [3] Client assumes insurer's liability (a) to indemnify Photographer for loss, damage, or misuse of any photograph(s), and (b) to return all photographs not being purchased prepaid and fully insured, safe and undamaged, by bonded messenger, airfreight, or registered mail within sixty (60) days of the invoice date. [4] Reimbursement by Client for loss or damage of each item shall be in the amount set forth next to said item on the front hereof. Photographer and Client agree that said amount represents the fair and reasonable value of each item, and that Photographer would not sell rights to such item for less than paid amount. [5] Client will not make or permit any alterations, additions, subtractions in respect of the photographs, including without limitation any digitalization or systemization of the photographs, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known. [6] Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses arising out of any use of any photographs for which no release was furnished by Photographer, or any photographs, which are altered by Client. Unless so furnished, in writing, no release exists. Photographer's liability for all claims shall not exceed in any event the total amount paid under this invoice. [7] Client assumes full risk of loss or damage to materials furnished by photographer hereunder and warrants that said materials are adequately insured against such loss or damage. Client shall indemnify Photographer against all claims, liability, damages and expenses incurred by Photographer in connection with any third party claim arising out of use of said material hereunder. [8] All payment for services and materials provided by Photographer hereunder shall be made as follow 1/3 of the fee to book the date with the other 2/3 payable not later than two (2) weeks before the wedding date. Orders for albums, reprints, enlargements or other services must be prepaid in full. Deposits are non-returnable. [9] Time is of the essence for receipt of payment and return of photographs. No rights are granted until timely payment is made in full. [10] Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and insures to the benefit of Photographer, Client, Clients principals, agents and affiliates, and their respective heirs, legal representatives, successors and assigns. Client and its principals, agents and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing because of immediate proximity of shooting. This agreement incorporates by reference Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as amended. [11] Except as provided in (12) below any dispute regarding this agreement shall be arbitrated in Lexington, Kentucky under rules of the American Arbitration Association and the laws of Kentucky. Judgment on the arbitration award may be entered in any court having jurisdiction. Client shall pay all arbitration and court costs, reasonable legal fees, and expenses and legal interest on any award or judgment in favor of Photographer.