This Agreement is made effective for all purposes in all respects as of February 1, 2021 by and between Happy Mermaid Images and Mattea Rindy and Carl Curtiss hereinafter referred to as "The CLIENT" relating to the event(s) detailed below, hereinafter referred to as "The EVENT(S). ENTIRE AGREEMENT: This agreement contains the entire understanding between Happy Mermaid Images and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. 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 agreement to waive one or more provisions of this agreement or 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. RESERVATION: A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or canceled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to Happy Mermaid Images. The retainer fee is $660. EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from Happy Mermaid Images by the CLIENT. SHOOTING TIME / ADDITIONS: The CLIENT and Happy Mermaid Images agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT. RESPONSIBILITIES: Happy Mermaid Images is not responsible for compromised coverage due to causes beyond the control of Happy Mermaid Images including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to Happy Mermaid Images, rendering of decorations, or restrictions of the locations. Happy Mermaid Images is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. Happy Mermaid Images is not held liable for missed coverage of any part of the EVENT(S). Happy Mermaid Images will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S). VENUE AND LOCATION LIMITATIONS: Happy Mermaid Images is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on Happy Mermaid Images. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; Happy Mermaid Images will offer technical recommendations only. PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which Happy Mermaid Images will be performing services. FILM and COPYRIGHTS: The photographs produced by Happy Mermaid are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the Happy Mermaid’s explicitly written permission. If the CLIENT has purchased an "Image DVD" from Happy Mermaid Images, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an "Image DVD" from Happy Mermaid, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to Happy Mermaid. The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs. MODEL RELEASE: The CLIENT hereby assigns Happy Mermaid Images the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images. LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from Happy Mermaid Images is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of Happy Mermaid Images, Happy Mermaid Images will make every effort to secure a replacement. 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 EVENT(S). In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Happy Mermaid Images’ control, including but not limited to camera, hard drive, or equipment malfunction, Happy Mermaid Images liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Happy Mermaid Images is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year. CAPTURE AND DELIVERY: Happy Mermaid Images is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of Happy Mermaid Images. POST PRODUCTION AND EDITING: The final post-production and editing styles, effects, and overall look of the images are left to the discretion of Happy Mermaid Images. PAYMENT SCHEDULE: Payment of $ $2,150 is due no later than July 1, 2022. In the event the CLIENT fails to remit payment as specified, Happy Mermaid Images shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $30 non-sufficient funds fee. CHECK CAN BE MAILED TO : Lisa Lang, Happy Mermaid 2671 85th AVE SE Buchanan, ND 58420 Total Package price: $2810 Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from Happy Mermaid Images. I have read and understood the terms above. I hereby agree to the terms of this agreement.