AGREEMENT

AGREEMENT

This Agreement is entered into by and between Black Tie Portraits (the "Consultant") and the Client (the "Client") for the provision of professional photography services.

Contact Information

• Black Tie Portraits
• Phone: (786) 998-9737
• Email: BlackTiePortraits.co@gmail.com

1. Payment Schedule and Method

• A 50% non-refundable retainer is due upon signing this Agreement to secure services. A customized payment schedule may be arranged at the discretion of Black Tie Portraits and must be agreed upon in writing.
• The remaining balance is due no later than 30 days prior to the event date.
• Payments are to be made via a method agreed upon by both parties.
• The Client is responsible for any parking or valet charges incurred at the event venue. 
• Failure to remit payment as agreed may result in service cancellation without refund.

2. Provided Documentation

• All documentation, including but not limited to photographs, materials, and creative work, is owned and copyrighted by Consultant.
• Client may not use, distribute, or provide these materials to any third party for promotion or sale without express written permission from Consultant.

3. Hotel Accommodations

• For events beyond 90 miles from Consultant’s local area, Client shall provide accommodations as follows:
• Option 1: One (1) room with two (2) double beds for two (2) nights.
• Option 2: Two (2) rooms with one (1) double bed each for two (2) nights.
• Hotel accommodations must be within 10-15 miles of the event venue in a safe location.

4. Destination Events
For weddings beyond 150 miles from Consultant’s studio, Client agrees to cover all necessary travel expenses, including but not limited to:

• Round-trip airfare
• Hotel accommodations (4-5 days and 3-4 nights, depending on event complexity)
• Car rental from airport to venue and back
• Client may arrange travel per Consultant’s specifications or opt for Consultant to arrange travel, which will be invoiced separately.

5. Liability

• Consultant is only liable for services directly provided and is not responsible for services performed by third-party vendors.
• In no event shall Consultant be held liable for consequential damages of any kind.

6. Cancellation Policy

• Retainer payments are non-refundable.
• If the event is postponed, the payment schedule will be adjusted accordingly. If services are resumed after a postponement, the second payment is required before resuming.

7. Force Majeure (Acts of God & Unforeseen Circumstances)

• Consultant is not responsible for cancellations or failures to perform due to:
• Acts of God (e.g., hurricanes, floods, earthquakes)
• Government actions (e.g., national or local emergencies)
• Personal emergencies (e.g., accidents, illness, death in the family)
• In such cases, Consultant will attempt to secure a qualified professional replacement at no additional cost. If no suitable replacement is available, the client will be eligible for a refund taking into account services already rendered and expenses incurred.

8. Overtime & Additional Services

• Additional services beyond the contracted time are considered overtime and will be billed at the agreed-upon hourly rate, provided prior notification and consent are obtained.

9. Subcontracted Vendors & Payments

• Any subcontracted vendors engaged on behalf of the Client must be paid in full to Consultant by the requested deadline.

• Consultant will provide advance notice of subcontracted service costs.

10. Damage or Loss of Equipment & Accessories

• Client agrees to exercise reasonable care in protecting Consultant’s equipment and accessories.
• Client is responsible for loss or damage caused by improper behavior of guests and shall cover the full replacement cost of damaged or lost items.

11. Attorney Fees & Legal Enforcement

• If legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney fees, in addition to any other legally available remedies.

12. Vendor Meals

• For any event lasting six (5) or more hours, Client must provide a hot meal for Consultant and team.
• If a hot meal is not provided, Consultant reserves the right to terminate services immediately and leave the event without refund.

13. Safe Working Environment & Conduct

• Client agrees to provide a safe and professional working environment for Consultant and team.
• If Consultant or staff feel unsafe due to threatening behavior from guests, Consultant reserves the right to leave the event without refund.
• A three-strike policy will be in effect:
• First Offense: Consultant will notify Client or a responsible party.
• Second Offense: Offending person must be removed from the event.
• Third Offense: Consultant will terminate services immediately.
• If Consultant leaves due to unsafe conditions, Client remains responsible for full payment of contracted services.