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or damaged due to equipment malfunction, processing, or technical error prior to delivery, JHP shall at JHP's sole election be provided by Client with a reasonable opportunity to perform the photographic services to replace the lost, unusable or damaged work; and JHP may require that JHP first be paid in full for such work. JHP's liability to client for any acts or omissions arising out of or in connection with this agreement shall not, in any event, exceed the amount paid by Client to JHP under this agreement. In no event shall JHP be responsible for incidental, or consequential damages. Client shall indemnify, protect, hold harmless, and defend through Counsel of JHP's choosing, JHP from and for any and all claims, demands, actions, proceedings, and costs (including without limitation reasonable attorneys fees, court costs, and litigation related expenses) which arise out of or in connection with JHP's performance of services for Client, or Client's use of JHP work, except where the same arises solely from JHP's own negligence.

Rights. Except as expressly licensed in the Estimate, all right, title, and interest, in and to the photographic materials, including without limitation the copyrights, design patents, publicity, attribution (and other rights in the photographic materials), including without limitation any renewals or extensions thereof, now or hereafter arising, shall be and shall remain except as may be subsequently licensed by JHP the sole property of JHP in perpetuity, throughout the world. All permissions must be signed by JHP in writing and are otherwise invalid. Permissions granted to Client are expressly conditioned upon payment in full; absent full payment such permissions shall be deemed void ab initio. Except as expressly licensed in the Estimate, permission to include JHP work in a collective work includes the work only in the stated media and excludes permission to include the work in other media, or any revision of the collective work or later series. The client is not authorized to remove copyright management information from JHP work, and any authorization granted to client to use JHP work is conditioned on the Client's inclusion of the copyright management information which is designated in the Estimate, which in no event shall include less than JHP's authorship designation and copyright notice, and such other information as would permit through a reasonably diligent search the identification of JHP as copyright owner. Permissions granted may not be assigned or sub-licensed.

Disputes. In the event of a dispute arising under this agreement such dispute shall at JHP's election be resolved exclusively by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitrator shall determine the prevailing party and shall order that they be reimbursed their arbitration fees, arbitration costs, and legal fees and costs incurred for and in connection with the arbitration. The arbitration shall be conducted in Washington, DC and the decision of the Arbitrator shall be final, binding, and enforceable in any court having jurisdiction. The parties consent to the personal jurisdiction and exclusive venue of the courts of the District of Columbia for any litigation commenced under or in connection with this agreement. The laws of the District of Columbia, without regard to its rules for conflicts of law resolution, shall apply in the construction of this agreement. Actual attorneys' fees and all actual costs shall be awarded to the prevailing party against the losing party in any such litigation.

JHP Signature:

Client Signature:

This is the end of Page 2. Note that you might want to change term 8 from binding arbitration to the courts in your jurisdiction.

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Chapter 15 Contracts for Weddings and Rites of Passage

There are numerous types of rites-of-passage photography. Several of the major ones are weddings, births, deaths (yes, deaths), christenings, brises, sweet sixteen parties, bar and bat mitzvahs, senior portraits, engagement parties, honeymoon photography,