Red Carpet Series Operating Agreement

The Agreement is between the Photographer and the Client as detailed below:

Top Flyt Media, LLC by Dumisani Maraire Jr. doing business as (referred to hereafter as “Photographer”)

510 S. Burnside Ave, Los Angeles, CA 90036
‪(323) 524-8213‬

Event Representative (hereafter referred to as the “Client”) as entered on the Client Information section of this form.

The Client agrees that he/she is responsible for all parties involved with the agreed upon photo session. If there is an individual involved in the photo session who does not agree to the terms of this agreement the Client assumes responsibility for any liability.

The Photographer is responsible for providing the Client a photographic service as detailed in this Agreement. The Client undertakes to engage the Photographer for this coverage for the price as detailed below or as agreed in writing via email or text.

01. Coverage & Content: Coverage will be provided by the Photographer as selected by Client in the Planner or Deposit form or as otherwise agreed by both parties. If Photographer is unable to provide any coverage selected by Client, Photographer will alert Client and arrange for any billing adjustments

02. Reservation Retainer: Upon receiving your retainer, the Photographer will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Retainer is non-refundable, even if the date is changed or event cancelled for any reason, including acts of God, fire, strike, and extreme weather. Any exceptions to this policy shall be at the discretion of the Photographers. The Reservation Retainer is to be paid at time of booking the services. The Reservation Retainer is applied towards the contracted Coverage. Client understands and agrees that the entire amount owed for the Coverage described in the contract is due on the day of the Event, or, on the Outstanding Balance Due date (if specified). Client agrees if the balance is not paid by this time, the Photographer will not photograph the Event, with a loss of Reservation Retainer by Client and no liability to the Photographers.

03. Rescheduling: Client’s Retainer can be credited towards a future date for the same shoot on a date that both Client and Photographers have available. Failure to agree on a future date and time by Client and Photographer will result in forfeiture of the Retainer by Client. Rescheduling of customized shoots that require extra staffing and rented equipment and/or venues will be handled on a case by case basis, and you will be notified of the terms upon booking your session. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party. Client is allowed two rescheduling credits. Any additional request to reschedule will incur a $100 rescheduling fee and must be paid immediately to reserve your new dates.

04. Pre-event Consultation: The parties agree to a pre-event consultation before the Event in order to finalize the actual shooting times, locations, and Client’s request list (in writing) for specific photographs. The Client will be responsible for, or have someone designated, to identify people of whom specific photographs are desired. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for group photographs.

05. Shooting Time: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties. The Client and the Photographer agree that cheerful co-operation and punctuality by all members of the Event staff are therefore essential to that purpose. Shooting commences at the scheduled start time agreed by both parties.

06. House Rules: The Photographer is limited by the guidelines of event officials and/or event location site management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; the Photographer will offer technical recommendations only.

07. Copyright & Model Release: The content produced by the Photographer is protected by International Copyright Law (all rights reserved) and the Photographer retains the copyright to all content produced. The Photographer grants to the Client a license to reproduce the content in any manner they like for personal or business purposes. The Client hereby grants to the Photographer and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish content of the Event, its guests, attendees, and officials for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases the Photographer and their legal representatives and assigns from all claims and liability relating to said content.

08. Desired Scenes: The Client will provide The Photographer with a list of suggested photographs that they desire in advance. While every attempt is made to accommodate the Client’s desired list of photographs and create the best images possible, no particular image is guaranteed. The Photographer is equipped to handle most low-light situations. In situations where flash photography is prohibited or is deemed to be unsafe, the Client agrees to accept the Digital Proofs as-is, given the technical limitations of low-light photography.

09. Payment: The Client agrees that the Reservation Retainer is required at the time of signing the contract and the Outstanding Balance is due on the day of the Event.

10. Limit Of Liability: In the unlikely event of severe medical, natural, or other emergency it could be necessary to retain a different photographer. The Photographer will make every effort to secure a skilled replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the Coverage. The Photographer takes the utmost care with respect to exposure, transportation, and processing the Content including using professional grade equipment and professional grade backup equipment. However, in the unlikely event the Content has been lost, stolen, or destroyed for reasons within or beyond the Photographer’s control, the Photographer’s liability is limited to the return of all payments received for the Coverage. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost.

11. Severability: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

12. Penalty Fees and Charges: There is a $150 charge for payments returned by the bank for any reason. There will be a $50 late payment fee for any payments that are not postmarked or delivered to the Photographer by the required date.

13. Cloud Storage: All packages include 60 (sixty) days of complimentary cloud storage of the photos from this shoot. Client understands and agrees that Photographer is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to Client.

14. Independent Contractor: The parties shall be deemed independent contractors for all purposes hereunder. Accordingly: (a) The Photographer will use its own equipment, tools and materials to perform its obligations hereunder. (b) The Client will not control how the Service is performed on a day-to-day basis beyond any deadlines created by this agreement. (c) The Photographer will be solely responsible for all state and federal income taxes in connection with this Agreement. (d) This Agreement does not constitute an employment, partnership, joint venture or agency between the parties hereto.

15. Governing Law: It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of California, without regard to the jurisdiction in which any action or special proceeding may be in.

16. Completion Schedule: The Client agrees that no part of the Content, including previews (if any) will be delivered until the Outstanding Balance is paid in full. Digital Proofs will be given to the Client after the Event, in the form of an Online Photo Gallery, or other medium, assuming the Outstanding Balance has been paid.

17. Currency: Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in US Dollars.