This Photography Contract (hereinafter referred to as “the Contract”) is made effective as of (todays date) *

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This Photography Contract (hereinafter referred to as “the Contract”) is made effective by and between Jasmine Abbey, owner of New Wave Photography, located in Kailua, Hawai’i (hereinafter “New Wave Photography”) and *

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of ______________, _______________ [Client’s City and State] (hereinafter referred to as “the Client”).

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By checking boxes below you agree to the following: *

The Client agrees to engage the professional photography services of New Wave Photography. This, the Contract, is the entire agreement between New Wave Photography and the Client on this matter, superseding all previous negotiations or agreements.

Unless otherwise specified herein, it is understood that any and all rights to proofs, final and/or sample prints, thereof shall remain the property of New Wave Photography and may be used for advertising, display, and/or any other purpose other than personal enjoyment.

The Client is responsible for the final decisions on, but not limited to, the location, outfit, hair styles, photo lists, and/or props. New Wave Photography shall not be held liable and/or responsible for issues that arise pertaining to, but not limited to, location, outfit, hair styles, photo lists, and props that subsequently affect final images. An example includes the following: Sand on clothing when a beach is the location chosen by the Client.

New Wave Photography agrees to assist and work with the Client wanting children and/or pets photographed during a photo session or event. However, the behavior of the children and/or pets during a photo session is not the responsibility of New Wave Photography, but that of the Client.

It is at the discretion of New Wave Photography to determine the images considered to be the best images from the photo shoot or event.

New Wave Photography shall not be held responsible if the children and/or pets are not, including but not limited to, posed, smiling, looking in the correct direction in the images released to the Client.

The Client shall make Payment-in-Full of the Package Price to New Wave Photography in order for New Wave Photography to perform the services as set forth herein.

Payment-in-Full shall be made to New Wave Photography 24 hours prior (if not before) to the day of the event in order to legally obligate New Wave Photography to photograph the event.

To reserve the professional photography services of New Wave Photography, the Client shall make payment of Twenty Five Percent (25%) of the Collection/Package Price to reserve the date and the time of the Client’s event (herein after referred to as “the Reservation Retainer Fee”).

Payment of the Reservation Retainer Fee shall be made to New Wave Photography no later than thirty days (30 days) prior to the agreed upon date and time of the event.

Upon receipt of the balance due and/or payment-in-full of the Reservation Retainer Fee, New Wave Photography shall reserve the date and time as agreed upon by both parties.

Any payment plan agreement agreed to by both New Wave Photography and the Client shall be included as an addendum to this agreement.

Payment to New Wave Photography can be made via PayPal to newwavehawaii@gmail.com, debit card, or credit card

If the Retainer Fee is not received within twenty days (20 days) prior to the agreed upon reserved date and time of the event, any and all obligations held by New Wave Photography to the Client shall be forfeited and all non refundable monies paid to New Wave Photography shall be held as liquidated damages per the contract.

The Client shall make payment-in-full of the Package Price in order to receive any and all images.

Turn around time for delivery of the fully edited images from the photo session event is 4-6 weeks and 3-4 months for weddings

New Wave Photography, the photographer for New Wave Photography, and/or its employees, agents, or representatives, shall be held harmless of any duties agreed upon by New Wave Photography and the Client. The “Photographer” is defined as any available photographer associated with and/or contracted by New Wave Photography.

The Client will not receive any prints, nor will an order for prints be placed, unless full payment of the entire package is made and received. Online payment (via PayPal, credit card, or debit card) are the accepted forms of payment.

No refunds will be made if the Client fails to timely pay the Reservation Retainer Fee and/or Twenty Five percent (25%) of the Package Price thirty days (30 days) prior to the agreed upon reserved date and time of the event.

Further, there shall be NO REFUND of any kind should New Wave Photography, and/or its employees, agents, or representatives, photograph the event as agreed upon pursuant to this the Contract.

Further, there shall be NO REFUND of any value or nature issued after any and/or all images have been downloaded from the Client gallery by any person(s)

The Client agrees to provide a meal for any event over five (5) hours (weddings by default must provide a meal) to New Wave Photography and staff

DEFAULT: The occurrence of any of the following shall constitute a material default underthis Contract: (a). The failure to make a required payment when due; (b). The insolvency or bankruptcy of either party; and/or (c). The failure to make available or deliver the Services in the time and manner provided for in this Contract.

WARRANTY: New Wave Photography shall provide its services and meet its obligations under this the Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in New Wave Photography’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to New Wave Photography on similar projects.

It is understood by each party that New Wave Photography is an independent contractor with respect to the Client.

The Photographer of New Wave Photography shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.

The Client has hired New Wave Photography to provide photography services and is not an employee of the Client.

The Client and its agent(s), family members, and/or assignees, if any, shall indemnify, and hold harmless New Wave Photography, Jasmine Abbey, and/or its employees, agents, or representatives from any, and all, claims for damages arising out of the performance of any of the services contemplated by the Contract with the exception of intentional or illegal acts.

ARBITRATION: (a). Any controversies or disputes arising out of or relating to the Contract shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. (b). The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of thisContract. In the event that the parties are unable and/or unwilling to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly overthe matter. (c). The arbitration shall take place at a location that isreasonably centrally located between the parties or as otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than thirty (30) days after the Notice of Arbitration is served. (d). The arbitrator(s) shall not have the authority to modify any provision of the Contract or to award punitive damages. (e). The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. (f). The decision rendered by the arbitrator(s) shall be final and binding on the parties and judgment may be entered in conformity with the decision in any court having jurisdiction. (g). The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. (h). During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.

This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral and/or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid and/or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforceable as so limited.

This Contract shall be governed by the laws of the State of Hawai’i.

Any notice or communication required or permitted pursuant to the Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

WAIVER OF CONTRACTUAL RIGHT: The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

ASSIGNMENT: Neither party may assign or transfer this Contract without the prior written consent of the non assigning party, which approval shall not be unreasonably withheld.

COVID-19 RESERVATION AND CANCELATION POLICY: In the event that there is not a mandated local quarantine and/or venues do not cancel, New Wave Photography is committed to moving forward with all weddings as originally planned. If federal and/or state directives/mandates arise that would prohibit any event and/or wedding from taking place, New Wave Photography is committed to working with our Clients to reschedule to new mutually agreeable dates. Safety of the team of professionals here at New Wave Photography and that of our Clients is our number one concern. We utilize every precaution as set forth by CDC Guidelines to protect our staff, clients, and others by adhering to all guidelines. As to cancellation, effective as of January 1, 2021, New Wave Photography is not offering refunds in the event of a cancelation due to COVID-19 or rescheduling to a date that New Wave Photography is not available. This policy has been adopted by New Wave Photography to protect our small business as we often turn down other booking opportunities and have already made significant investments such as the following: telephone conferences with Clients and venues, meetings (both virtual and/or in person), e-mails, timelines, and other administrative work. A. In the event that a Client’s event or wedding is rescheduled to a different date due to COVID-19 concerns or cancellations, and New Wave Photography is available for the new date, New Wave Photography will waive all change fees and apply monies paid as a credit to your new date/invoice/contract. B. In the event that a Client’s event or wedding is rescheduled to a different date (in the calendar year 2021) due to Covid-19 concerns or cancellations, and New Wave Photography is available for the new date, New Wave Photography will apply monies paid to your new date/ invoice/ contract. C. If a Client wishes to outright cancel the Contract, or chooses a date that New Wave Photography is not available for, all non-refundable monies paid to New Wave Photography will be held as liquidated damages pursuant to the Contract.

If Client must reschedule the session or event, the session or event must be rescheduled within one (1) year of original contractual date of session or event. If the session or event is not rescheudled within one (1) year of original contractual date, the monies paid toward the session or event will be forfeited. Furthermore, there is a $250 reschedule fee that must be paid to rescheudle a session or event with New Wave Photography

WHEREFORE, by signing below, New Wave Photography and the Client state that each party has had the opportunity to read the Contract, understand the terms of the Contract, and further agree to the terms and conditions of the Contract. Further, by signing below, the Client further agrees to engage the professional photography services of New Wave Photography on (Date of Event). *

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Liability Release

By checking the box I agree to the following:

1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Jasmine Abbey of New Wave Photography, or the employees, representatives or agents of Jasmine Abbey of New Wave Photography., 2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity(ies) and I assume full responsibility for personal injury to myself and (if applicable) my family members and any person(s) participating in above activity with me, and further release and discharge Jasmine Abbey of New Wave Photography for injury, loss or damage arising out of my, my family's, or other participant's use of or presence upon the facilities of Jasmine Abbey of New Wave Photography, whether caused by the fault of myself, my family, Jasmine Abbey of New Wave Photography or other third parties., 3. INDEMNIFICATION. I agree to indemnify and defend Jasmine Abbey of New Wave Photography against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Jasmine Abbey of New Wave Photography., 4. FEES. I agree to pay for all damages to the facilities of Jasmine Abbey of New Wave Photography caused by any negligent, reckless, or willful actions by me or my family., 5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Hawaii law., 6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Jasmine Abbey of New Wave Photography has offered to refund any refundable fees I have paid to use its facilities if I choose not to sign this Agreement., 7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity., 8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

IN CASE OF AN EMERGENCY CONTACT: *

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