PAYMENT PLAN CONTRACT

  • 1. Responsibility

    It is the responsibility of the Client to remit payment by the appropriate deadline. The Client may request, in writing, for invoices to be sent. It is at the Photographer’s discretion as whether to provide a courtesy invoice reminder. Failure of the Photographer to provide a courtesy invoice reminder does not dismiss this agreement.

  • 2. Refunds

    All payments made under this contract are non-refundable. All sales are final.

  • 3. Penalties

    A payment is considered late 2 days after scheduled payment is missed. All late payments are subject to $450 late fee.

    There is no penalty for settling the balance due ahead of the assigned installment schedule.

  • 4. Photographic Materials

    All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. Client has 6 months to order prints before images go into archive. If the Client requests to extend the time or reopen the online proofing gallery a $100 un-archival fee shall apply. No prints or negatives will be released until the agreement amount is paid in full.

  • 5. Copyright and Reproductions

    The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. This agreement does not release copyright of the photographs for payment.

  • 6. Social Media

    The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not edit, crop, or remove watermarks.

  • 7. Interest

    The payments under this contract are interest free.

  • 8. Failure to Perform

    Failure to fulfill this agreement will result in termination of contract and all photographic materials will remain property of Photographer.

  • 9. Miscellany

    This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of North Carolina.

  • 10. Attorney's Fees

    If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

Client Full Name *
Client Full Name
Client Billing Address
Client Billing Address
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$
Start Date *
Start Date
End Date *
End Date
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TERMS OF AGREEMENT: I hereby authorize Shannen Speer Photography to charge the above referenced credit/debit card account or PayPal account automatically on the dates stated above, and to apply said charges towards the balance of my photography purchase until this amount is paid in full. I agree to pay the entire amount of the products by the date of the last payment. If the primary card fails to be accepted for any reason, a secondary card may be charged. All purchases have a 48 hour cooling off period. Afterwards, all sales are final and purchases will be non-refundable. If I wish to cancel my orders, I agree to pay the $450 cancelling fee. If at any time the credit/debit card used for payments change, I agree to notify Shannen Speer Photography. I understand failure to complete payment terms may result in legal action. If my payment is late for more than 48 hours after the scheduled payment time, I will pay a $250 late fee each time. If my payment is late for any reason more than two times, payment in full must be made. I certify that I have read and fully understand the conditions and terms of this agreement as stated on the Payment Plan Contract.