Axelrod Media Solutions LLC Agreement for Services
This Agreement (“Agreement”) is entered into the date listed below by and between AXEL MEDIA SOLUTIONS, LLC, with an address of 1977 Circle Drive, Vail, CO 81657 (hereinafter “AMS”) and the client listed below.
This Agreement concerns:
Services shall be set forth with particularity in the attached Exhibit A to this Agreement. DJ Services and Aerial Photography are subject to a Ryder attached hereto which shall be incorporated herein. Such Ryder(s) shall act as additional provisions to this Agreement.
PAYMENT POLICY AND EXPENSES: To book and reserve the event date, 50% of the total is due today. The remainder 50% is due 14 days before your event date. Client may change an event date only upon mutual written agreement of the Parties herein. Should AMS be unavailable for the new date, the cancellation policy provided herein shall apply. Compensation for this event shall be specifically set forth in the attached Exhibit B to this Agreement.
CANCELLATION POLICY: If the event is canceled 6 months before the reserved date, 75% of the deposit will be refunded to the client. If the event is canceled 4-6 months before the reserved date 40% of the deposit will be refunded to the client. If the event is canceled with in 3 months of the event date, no amount will be refunded to the client.
FAILURE TO MAKE PAYMENTS: Upon conclusion of the event, Client may receive a final invoice if additional services were requested at the event. If payment is not received within thirty (30) days of the receipt of the invoice, interest will be accrued on the Balance Due at a rate of 2% per month (26.8% effective annual rate) if permissible by law, or the highest rate permissible by law. No additional orders will be accepted until previous orders are paid in full and Client shall be liable for all necessary costs of collection, including but not limited to, court costs and attorneys fees.
CLIENT RESPONSIBILITY: If the Client would like photographs or video of specific subjects (guests or scenery), the Client or a designee of the Client will be responsible for identifying and gathering these subjects for the photographer or videographer. The client(s) agree to set aside sufficient time during the event in order to allow the photographer or videographer to obtain the requested photographs or video. AMS shall not be held liable for failure to take desired photographs or video due to late arrival of the participants.
HOUSE RULES: The guidelines of the ceremony official or site management may limit AMS. Client agrees to accept the technical results of any imposition on AMS. Negotiation with the officials for moderation of guidelines is the Client’s responsibility. AMS will offer technical recommendations only.
MEAL PROVISION: For contracts over 5 hours, the Client shall provide AMS’s employees or contractors with a meal during the event. Please ask the catering company or hotel coordinator to provide a vendor meal in advance of your event date. If you are unable to provide a meal please inform AMS in advance so that they can bring their own meal.
ADDITIONAL COVERAGE: If the Client wishes to add additional hours of coverage at the event, it will be billed to the client as follows: If two photographers/contractor/employees are requested, a fee of $500 per hour will be assessed to the Client. If one photographer/contractor/employee is requested, a fee of $400 per hour will be assessed to the Client. If additional hours are requested for DJ service, $300 per hour will be assessed to the Client. The Client must pay all overtime fees within one week of the event. The overtime fee includes services performed at the event, post event editing and additional images added to the proof book and DVD.
LIMITATION OF LIABILITY: AMS will take the utmost care with respect to the making, processing, and delivery of photos/video. AMS will not be held responsible for any errors made by either film, digital negatives (CF cards) and print processor or film manufacturer, except for the reimbursement of a proportionate amount of the contracted fees, appropriate to the loss.
The Client further agrees, to the fullest extent permitted by law, to limit the liability of AMS their owners, contractors and employees for the contracted event for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees, costs, expert witness fees and costs, so that the total aggregate liability of AMS shall not exceed the total fee for services rendered for this event.
Because this is an uncontrolled event, AMS cannot guarantee delivery of any specifically requested image(s). In the unlikely event of personal illness or other circumstances beyond the control of AMS, a substitute photographer/videographer/DJ of high qualifications, subject to acceptance by the Client prior to the event, may be dispatched by AMS to fulfill the obligations of photography/videography/DJ services herein contracted.
If a substitute is unavailable or is declined, a full refund of all retainers and fees will be made. In the event that weather conditions make travel unsafe and the event is postponed, AMS will reschedule for the new date, if available. If unavailable, or if the photographer/videographer/DJ deems travel to be unsafe even though the event still occurs, AMS’s liability will be limited to the return of all fees paid.
Client understands that the services provided by AMS are subjective in nature. While AMS tries to ensure client satisfaction, this is not possible in all situations. Client warrants that it has researched AMS and the services it provides and has a full understanding of the creative nuances of AMS. To this end, and because services have been performed by AMS, Client is still responsible for full payment even in the event it is not satisfied with the images and services provided thereto.
INDEMNITY. Client agrees to indemnify, defend and hold harmless AMS, its employees, contractors, assigns, directors and officers from any and all liability, costs, damages and attorneys’ fees resulting from or relating to any claims in any way connected with this event, except to the extent of any gross negligence by AMS, its employees or agent. This indemnity, defense and hold harmless provision extends to any damages caused by the Client or the Client’s guests or attendees in connection with the event.
RELEASE OF LIABILITY – INDEPENEDENT CONTRACTORS OF AMS. AMS maintains a separate, independent contractor contract with those its independent contractors. AMS will make every appropriate effort to manage the independent contractors in such a way to deliver the contracted services to the Client. However, AMS is released from liability from any/all improper action/inaction and/or malfeasance on behalf of independent contractors. AMS shall be solely responsible for all compensation to its independent contractors. In no event does the Client assume any responsibilities relative to the independent contractors engaged by AMS.
DELIVERY SCHEDULE: Clients can expect to receive their photography/videography website within 5-6 weeks after the event date. All Photo DVDs containing the hi-resolution JPG photographs will be mailed to Client within 7-8 weeks. If the client needs a photograph/video emailed before the delivery date, please email a request to AMS.
COPYRIGHT AND REPRODUCTIONS: AMS shall own the official copyright in all video images, images and photographic materials created unless mutually agreed upon in writing by the Parties. Clients will share the rights of the photographs/video for their personal use. Clients may not re-sell any image without permission of AMS. AMS shall be allowed to make reproductions for AMS’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, advertising, illustration, editorial use, or for display within or on the outside of AMS’s studio, including printed materials, media on the Web, and any current or future digital media. The client may request that AMS keep their entire event images private.
FORCE MAJEURE. If AMS is unable to provide services under this Agreement for reasons outside of its control; including but not limited to termination of the event by the Client (except as otherwise permitted herein), for any reason including bad weather conditions; acts of God; or government intervention, Client will not be entitled to any refund of the fees due under this Agreement.
ENTIRE AGREEMENT. This instrument contains the entire Agreement of the parties and it may not be changed orally but only by written agreement signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought.
SUCCESSORS AND ASSIGNS. AMS and Client each binds itself, its partners, members, managers, successors, executors, administrators, assigns, and legal representatives unto the other in respect to all covenants, agreements, and obligations of this Agreement.
NO ASSIGNMENT. Client may not, at any time, assign, sublet or transfer its interest this Agreement, in whole or in part, except as specifically permitted by the terms of this Agreement.
CHOICE OF LAW. Any dispute under this Agreement or related to this Agreement shall be decided in accordance with the laws of Colorado. Client agrees that, in the event of a breach of this contract, any legal action will be initiated in Eagle County, Colorado.
NOTICE. Any notice given in connection with this Agreement shall be given in writing and delivered either by hand to the party or by certified mail, return receipt requested, or by fax to the party at that party’s address stated at the top of this Agreement. Any party may change its notice address by giving notice of the change in accordance with this section.
SEVERABILITY. If any part of this Agreement is held to be unenforceable, the rest of this Agreement shall remain in full force and effect.
ATTORNEYS FEES. If AMS or Client is the prevailing party in any legal proceeding brought under or with relation to this Agreement, such party shall be awarded from the non-prevailing party, all costs of such proceeding and reasonable attorney’s fees, in addition to any other relief awarded in such proceeding.
This contract is not valid until the client checks the agreement box below and AMS has received the retainer. By completing the following information it is understood that you have read and agree to the terms of this agreement.