Terms of service
Agreement/Jurisdiction: 2106 Multimedia shall provide services to photograph and/or record their wedding and related events to the best of her abilities, in the manner described in this portion of the website. The laws of the State of Maryland shall govern this contract, and any resulting arbitration shall take place within Prince Georges County, Maryland. Client assumes responsibility for all collection costs and legal fees incurred by 2106 Multimedia should enforcement become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
Retainer and Payment: Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation retainer equal to 50% of the total fee. No date is reserved until the contract and retainer are received. The balance due for the media services must be paid in full no less than 30 days before the event date unless otherwise specified. In the event Client fails to remit payment as specified, 2106 Multimedia shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend this event. Returned checks will be assessed a $50 non-sufficient funds fee, and then all future purchases/payments must be paid by Cashiers Check. Unless the contract is canceled, the retainer fee shall be applied to the fee total.
Cancellation: If for any reason Client cancels before 30 days, 2106 Multimedia will keep the retainer. Cancellation must be made in writing, signed by the contracted party, and sent via email or Certified Mail by the United States Post Office to 2106 Multimedia, 2106 Scott Key Drive, District Heights, MD 20747. If Client fails to supply written cancellation as specified before the date or cancels within 30 days, Client shall be required to pay the full balance due.
Reschedule: All reschedules must occur 7 business days unless the are events. Events are 30 days. The new package price will reflect pricing in effect when the date change occurs. In the event that Client reschedules and 2106 Multimedia is not able to rebook the original date, Client forfeits the retainer but will receive a credit for all other monies paid.
Liability: If 2106 Multimedia or agent is unable to perform any or all of the duties herein for any reason, a replacement will be sent in place, but for any other reason including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if they cannot provide another competent professional, all money received by Photographer, minus expenses, will be returned to Client within 60 days, and 2106 Multimedia shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or video or failure to deliver photographs or video for any reason. Liability for a partial loss of photographs or video shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
Discs or USB Drives: Upon receipt of a DVD or media storage unit, Client accepts all responsibility for archiving and protecting the photographs and videos. 2106 Multimedia does not permanently archive image files. 2106 Multimedia is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client's responsibility to make sure that digital files are copied to new media as required. Client is responsible for providing a flash drive or hard drive for personal copies of photos. A CD/DVD will be provided upon request for a $50 fee per disc.
Pricing: Services or merchandise not included will be sold at current price when an order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from 2106 Multimedia
Responsibilities: Unless agreed upon in advance, 2106 Multimedia shall be the exclusive media presence retained for the event. 2106 Multimedia may bring multiple assistants at his/her discretion. Photographer/Videographer and other vendors as well as semiprofessional photographers must not obstruct or interfere with the official media coverage and are not allowed to interfere during formal sessions that impede or obstruct the photos being taken by 2106 Multimedia. Others may take photos, but it is the responsibility of Client to prevent family and friends from interfering with2106 Multimedia's duties. 2106 Multimedia is not responsible for compromised coverage due to causes beyond their control such as other people's camera or flash, not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict coverage. Client agrees to confirm the schedule one-week prior to the event and to send the 2106 Multimedia a copy of any information. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up email for documentation. If email is sent, confirmation of receipt must be obtained.
Harassment: Ensuring the appropriate behavior of all events/sessions covered by 2106 Multimedia shall be the responsibility of Client. In the event 2106 Multimedia or the employee experiences any inappropriate, threatening, hostile or offensive behavior from any guest or clients affiliate (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to client; second offense: the offending person will be required to leave the event; third offense: 2106 Multimedia will end coverage immediately and leave, 2106 Multimedia shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold 2106 Multimedia harmless as a result of incomplete event/session photography videography coverage.
Coverage: 2106 Multimedia will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the day of, and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures and videos, but no specific pose or photograph or video can be promised. Any lists supplied will be used for organizational purposes only. Images determined by 2106 Multimedia to be substandard or duplicated may be edited out. 2106 Multimedia will use their professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
Image Processing/Editing: ALL SESSIONS COME WITH ONE EDIT AND ONE REVISION! Unless agreed upon prior to any editing work, high-resolution discs and/or proof sets may contain a mixture of color, black and white, and selective color images. An alternately colored version of a photo may be purchased at the current rate of $20 per edit for photos and $100 per edit for videos. Limited color correction and/or retouching are included at 2106 Multimedia discretion. Client may request further changes for an additional charge. 2106 Multimedia is not responsible for any prints that are not ordered directly from them. For best results, clients with the high-resolution files should order their prints through 2106 Multimedia.
Model Release: This contract serves as a model release giving 2106 Multimedia the irrevocable right to use the photographs/videos in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, websites, social media, trade, promotion, exhibition, or any other lawful purposes. 2106 Multimedia can grant use of the images to third parties and all compensation for use and credit for the images remain the property of 2106 Multimedia and solely the client. Client waives any right to inspect or approve the video(s) photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
Copyright: All photographs and video taken by 2106 Multimedia are their property and will remain their property and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties. Failure to adhere to the agreement stated on page 1 will cause 2106 Multimedia to remove media all media uploads. Client must delete all online content produced by 2106 Multimedia. Failure to delete will result in legal action.
Reproduction: The release grants Client the right to reproduce the images provided for their personal use only and does not allow the media to be altered, sold or published. Client further agrees not to supply images to any third parties.
