EVENT PHOTOGRAPHY AGREEMENT - PORRADA

Event Name:
Compnet 2023 - Sydney Winter Championship / Competition
Event Description/Scope of Work:
Match coverage + podium camera supply

Address of Photography Location:
GB Caringbah
Photography Date:
06/04/2023
Photography Start Time:
9:00
Photography Finish Time:
18:00

Prepared for
Name:Gracie Barra Caringbah
Phone:
Email: professor@gbcaringbah.com.au
Mailing Address:

Quote Details
Quotation Number: EST-202210
Quote Date: 05/18/2023
Quoted Amount: $600
Deposit Required: $60

PRE EVENT

ENTIRE AGREEMENT: This agreement contains the entire understanding between PORRADA and Gracie Barra Caringbah. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

RESERVATION: A signed contract and reservation fee of $60 is required to reserve the specified coverage.

PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation two to three weeks before the event date in order to finalise the actual shooting times, locations, and Gracie Barra Caringbah's request list (in writing) for specific photographs (if any).

COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. PORRADA recommends that Gracie Barra Caringbah designate an "event guide" to point out important individuals for informal or candid photographs to the photographer during the Compnet 2023 - Sydney Winter Championship Competition event that they wish to have photographed. PORRADA will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photograph's. PORRADA is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to PORRADA.

MODEL RELEASE

REPRESENTATION: Gracie Barra Caringbah representing Compnet 2023 - Sydney Winter Championship hereby grants to PORRADA and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Compnet 2023 - Sydney Winter Championship Competition event or in which Compnet 2023 - Sydney Winter Championship may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases PORRADA and its legal representatives and assigns from all claims and liability relating to said photographs.

MINORS: Gracie Barra Caringbah representing Compnet 2023 - Sydney Winter Championship advises that they have the authority from parent's and/or natural guardians and does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child or ward’s participation in the activity or event, and has agreed individually and on behalf of the child or ward, to the terms of the accident waver and release of liability set forth above. Gracie Barra Caringbah representing the parent or guardian further agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.

TERMS OF USE

USAGE: PORRADA reserves the right to use negatives, RAW images, edited images and/or reproductions for advertising, display, publication or other purposes, not restricted to use on the web, Facebook, Instagram, other social networks, business cards, flyers or posters.

EXHIBITION: Gracie Barra Caringbah grants PORRADA permission to display selected images resulting from this assignment as an example of PORRADA's work and for entrance into photographic competitions and release all claims to profits that may arise from use of image.

EDITS: Original photographs are not included, only edits. PORRADA retains the right to edit the photographs and omit any image. It is understood that PORRADA will not deliver every exposure taken. Gracie Barra Caringbah agrees to abide by PORRADA's editing decisions.

DELIVERY: Gracie Barra Caringbah will receive photos via digital portal with print release for personal use. Digital download includes images for printing and may be used on the web, social media, or email.

ATTRIBUTION: Credit to @porradaimages must be given for the photograph on any social media platforms. Photographs may not be entered in photo contests without expressed permission from PORRADA.

ALTERATION: Gracie Barra Caringbah understands that when publishing photos on websites, i.e. personal website, social media, etc., Gracie Barra Caringbah will not edit the photos in any way, i.e. editing the watermark, cropping, filters, etc.

BACKUPS: Gracie Barra Caringbah is responsible for making a backup of all photos from the digital download portal. PORRADA will make every attempt to keep archival copies of photos but does not guarantee that they will be retained indefinitely. Backup copies are for client use only and may not be distributed to others.

PRINTING: Gracie Barra Caringbah may print images at the professional photo lab of their choice, however PORRADA can not guarantee quality or colour reproduction of the prints received from the photo lab.

NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs without PORRADA's permission, and violators of Law will be subject to its civil and criminal penalties. PORRADA retains all copyright to the photographs.

PAYMENTS

CHARGES: The charges in this Contract are based on PORRADA's Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time the order is placed. In the event PORRADA files suit to enforce any term or condition herein, PORRADA is entitled to expenses of litigation, including reasonable attorney fees.

DEPOSIT: Client shall pay a deposit of 10% ($60) of the event's quoted price ($600) before the booking will be finalised.

BALANCE: Gracie Barra Caringbah agrees to pay the balance of the event's quoted price ($540) no later than 7 calendar days after the date of the event (06/04/2023).

ADDITIONS: Work that falls outside of the scope of originally quoted works will be charged at the rate of $100 per hour. It is at PORRADA's discretion if this additional work will be conducted and or charged for. Any additional work that is agreed upon will be a best effort scenario and does not form part of the original scope of works.

TRAVEL: Travel within the area is included in the session fee and will be discussed at the time of quote. A travel fee for sessions outside of PORRADA's local area may be added to the cost of the contract. Travel fees are based on mileage to and from the location and may change as necessary. PORRADA will charge for travel after 20 Km of fuel and tolls. Unless travel is provided, all travel fees must be prepaid.

DELIVERY: No part of any order, including previews, will be delivered until the balance ($540) is paid in full.

CANCELLATIONS: Cancellations by Gracie Barra Caringbah more than 24hrs before the event date of 06/04/2023 will incur a 50% forfeiture of the deposit at the discretion of PORRADA. a 100% forfeiture of the deposit will be incurred if Gracie Barra Caringbah cancels within 24hrs of event date 06/04/2023.

REBOOKING: If a session is cancelled at the request of Gracie Barra Caringbah, PORRADA will endeavour to accommodate a rebooking of the session at a date that is convenient to both parties. There may be a $50.00(AUD) rebooking fee applied at PORRADA's discretion.

LIMIT OF LIABILITY: If PORRADA cannot perform this agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to Photographer's illness or injury PORRADA will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. PORRADA takes the utmost care with respect to exposure, transportation, and processing of photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond PORRADA's control, PORRADA liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

RELEASE AND WAIVER OF LIABILITY

I, Gracie Barra Caringbah HAVING AGREED TO ACT AS A MODEL AND OR REPRASENTATIVE, HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS ACTIVITY OR EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems, which preclude my participation in this activity or event. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organisers of the activity or event in which I may participate, and that it will govern my actions and responsibilities at said activity or event. In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

a. I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the ordinary negligence of the provider or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event, THE FOLLOWING ENTITIES OR PERSONS: PORRADA and/or their owners, directors, officers, employees, volunteers, representatives, insurance carrier, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers;

b. I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence of such entities or persons or otherwise.

c. I acknowledge that PORRADA and their owners, directors, officers, employees, volunteers, representatives, insurance carrier, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of PORRADA.

d. I acknowledge that this activity or event may involve physical activity, and may carry with it the potential for death, serious injury, and property loss. I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during this activity or event.

e. I understand that at this event or related activities, I may be photographed.

f. I acknowledge that flash photography or strobe lights may be used during this event or activity.

g. I agree to allow my photo, video, or film likeness to be used for legitimate purpose by the event holders, producers, sponsors, organisers, and assigns. The accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

h. I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.

Please sign using a stylus, your mouse, or your finger below to authorize this contract. By electronically signing this document, you agree to the terms established above. After the document is signed, you can proceed to print it.