Engagement Giveaway
Welcome!
I am so honored to be a part of your big day! It’s so important to find a photographer that you connect with personally and whose images you LOVE! That being said, I am thrilled that we’re a great match and that we’re going to celebrate your engagement together! I am so excited to serve you and provide you with not only incredible images, but also with an amazing photographic experience. Lets get the legal stuff out of the way.
Giveaway Terms and Conditions
1. Eligibility:
This giveaway is open to legal residents of New Jersey who are 18 years of age or older at the time of entry.
Employees of Nick Cicchino Photography, their immediate family members, and affiliated individuals are not eligible to participate.
2. How to Enter:
Online Entry: Visit [Website URL] and complete the online entry form.
Limit: One entry per person.
3. Prize:
Two (2) couples will receive a complimentary engagement photoshoot session with Nick Cicchino Photography.
The session will include a minimum of 50 professionally developed high-resolution digital images.
The prize is non-transferable and has no cash value.
4. Giveaway Period:
The giveaway begins on January 1, 2025 at 12:00 AM EST and ends on March 1, 2025 at 12:00 AM EST.
5. Winner Selection:
The winner will be selected in a random drawing from all eligible entries received.
The winner will be notified via email within 7 days of the end of the giveaway.
The winner will have 7 days to respond and claim their prize.
Add “[email protected]” to your safe senders list to ensure correspondence is not delivered to your junk email folder.
6. General Conditions:
Consent to Email: By entering this giveaway, you agree to receive emails from Nick Cicchino Photography with updates on the giveaway, engagement photoshoot information, and general contact information.
Release: By participating in this giveaway, entrants agree to release Nick Cicchino Photography from any and all liability for any injuries, losses, or damages of any kind resulting from their participation in the giveaway or the acceptance and use of the prize.
Disputes: All disputes arising from or relating to this giveaway will be resolved solely by Nick Cicchino Photography in its sole discretion.
7. Governing Law:
This giveaway is governed by the laws of the State of New Jersey.
8. Void Where Prohibited:
This giveaway is void where prohibited by law.
By entering this giveaway, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
Engagement Session Terms and Conditions
This ENGAGEMENT PORTRAIT PHOTOGRAPHY CONTRACT (the “Agreement”) is entered into as of the date of signing (the “Effective Date”) between
a) Nick Cicchino Photography, a NJ Limited Liability Company (THE “Photographer”); and
b) jointly and severally, [CLIENT 1], an individual with an address of [CLIENT 1 ADDRESS] and [CLIENT 2] an individual with an address of [CLIENT 2 ADDRESS] (collectively, the “Clients”).
WHEREAS, the Clients desires to obtain the Services of the Photographer (the “Services”) for the purposes of an engagement photography session (the “Engagement Session”);
WHEREAS, the Photographer wishes to provide those Services,
NOW, the Photographer and Clients (each a “Party”, collectively, the “Parties”) agree as follows:
I. Service, Scheduling, and Payment Terms
1.1 The Services. Photographer shall provide the Services at the times, locations and continuous hours which will be determined at a later date by mutual agreement of the Parties, as well as the delivery of edited photographs via an online digital gallery (the “Photographs”) to the Clients.
1.2. Assistants. The Photographer may bring assistants or “second shooters” at his/ her discretion. Fees for Assistants shall be included in the Total Fee quoted in the Fee Schedule.
1.4 Scheduling. Clients will cooperate with the Photographer to finalize scheduling for the Engagement Session, which will be sent to the Clients in writing. Failure to abide by the Engagement Session schedule, such as a late arrival, may result in compromised coverage, for which Clients shall hold Photographer harmless.
1.5 Travel. The giveaway does not include travel arrangements.
1.5.1 Client Travel. The client shall be responsible for arranging travel arrangements to and from (the “Shoot Location”).
1.5.2 Photographer Travel. The client shall be responsible for arranging travel arrangements to and from (the “Shoot Location”).
1.6 Postponement. Should the Clients request to change the date or time of the Engagement Session, (a “Postponement”) Clients shall notify the Photographer as soon as possible in order to minimize the Photographer’s damages. Photographer shall make a good faith effort to accommodate a Postponement of the Engagement Session to a new date and time. The proposed postponement date shall be before June 1, 2025. In the instance where the client is unable to locate a date prior to June 1, 2025, the Photographer reserves the right to select and award another contestant of the giveaway.
1.6.3 Emergency Postponements. In the instance of an emergency outside of the Parties’ reasonable control, including thunderstorms or floods (related to an outdoor venue), grave illness including COVID-19, death of an immediate family member, or medical complication, the Photographer shall contact the Clients as soon as possible and reschedule for a later date and time.
1.7 Cancellation. In the event of a Cancellation, Clients shall notify Photographer as soon as possible in order to minimize the Photographer’s damages. Photographer shall treat cancellations as terminations under Section 1.8 of this Agreement. Should Cancellations must be made in writing, signed by the Clients, and mailed via Certified Mail by the United States Post Office to the Photographer. The Photographer reserves the right to select and award another contestant in the giveaway the cancelling clients position.
1.7.1 Liquidated Damages. If for any reason Clients cancel this Agreement before the Engagement Session, Photographer shall suffer losses that are difficult to ascertain. To minimize these losses, in the event of cancellation by Clients, Clients forfeits the Nonrefundable Retainer as liquidated damages and not as a penalty. If Photographer does not receive a written Cancellation prior to fourteen (14) days before the Engagement Session, Clients shall pay the full price specified in this Agreement as liquidated damages and not as a penalty.
1.8 Termination. This Agreement may be terminated:
a) by either Party for a material breach of this Agreement by the other Party, if the material breach is not cured within 10 (ten) days of receipt of written notice.
b) by Clients by giving fourteen (14) days written notice to Photographer, with or without cause. If the Clients terminate the Agreement, they forfeit any Nonrefundable Retainers as liquidated damages and not as a penalty. If the termination is made less than fourteen (14) days before the Shoot Date, the Clients shall pay the Total Fee in full.
c) by Photographer upon written notice if Photographer is unable to accommodate a Postponement, under which case payments shall be made according to Section 1.6.2 of this Agreement.
Upon termination, Photographer shall have no further obligation to Clients to perform under this Agreement, nor to store or deliver any delivered or undelivered Photographs after termination.
II. Service Terms
2.1 Dates and Times of the Services If Known: Couple has hired Photographer for the Services at the Engagement Session during the following times:
Shoot Date: To Be Set by Photographer
Engagement Session Time: To Be Set By Photographer
Proposed Shoot Location: To Be Set by Photographer
2.2 Model Release: Because you’re like, really pretty. Clients grants to Photographer the irrevocable right his/ her image or likeness for advertising, trade, promotion, exhibition, or any other lawful purposes, and grants the Photographer the right to assign this right to third parties in relation to these uses.
2.3 Artistic Discretion, Specific Images. Clients agrees that the Photographer has sole artistic discretion in the performance of the Services and editing of the Photographs. Every reasonable effort will be made to take requested pictures, but no specific pose, photograph, or image can be guaranteed. Any failure by Photographer to deliver any specific image shall not be a breach of this Agreement and shall not result in a refund. Photographer shall not be required to deliver every image taken at Engagement Session, and the determination of delivered images is left solely to the Photographer’s discretion.
2.4 Shoot Conditions. Clients shall not hold Photographer responsible for compromised coverage due to causes beyond the Photographer’s control, including but not limited to weather, lateness or tardiness of the Clients, congestion or traffic at the Shoot Location, existing backgrounds or lighting conditions, schedule complications, restrictions of the Shoot Location, or other interferences not caused by the Photographer. Any additional permits or fees required by the Shoot Location shall be the responsibility of the Clients.
2.5 Safe Working Environment: At his or her sole discretion, the Photographer reserves the right to refuse to perform the Services and reschedule for a later date if the Shoot Location is compromised or dangerous.
2.6 Exclusive photographer: Clients shall not engage any still photographers other than Photographer for the Engagement Session. Clients shall ensure videographers, friends, or guests do not obstruct or interfere with the official photography and do not take any still photos during the Engagement Session.
III. Delivery and Use of Photographs
3.1 Copyright: Photographer retains all copyrights, rights, title, and interest in, including non-transferable moral rights, in all Photographs under 17 U.S.C. § 201 et. al, including but not limited to works embodied in negatives, transparencies, proofs, previews, photo discs, USBs and computer files, images in their original and processed formats, derivative works, adaptations, and public display except as otherwise provided for herein. Clients understands that any unauthorized use, including but not limited to duplication or alteration of original images outside of the license granted by this Agreement and/ or commercial use, is strictly prohibited without express written permission. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind, excluding the inevitable “Instagram Crop” detailed in section 3.1.1.
3.1.1 Social Media. We love that Clients are excited to share the Engagement Session Photographs! Photographer grants Clients a limited license to share Photographs on personal social media sites. Clients shall not crop or alter any images posted for personal use on social media sites, including but not limited to Facebook or Twitter. Clients shall credit each image and/or album with a link or tag to Photographer’s website:
Instagram: @NickCicchinoPhotography
Facebook: http://www.facebook.com/NickCicchinoPhotography
Web: https://www.nickcicchinophotography.com
3.1.2 Reproduction and Additional Prints. Clients may print the digital downloads tendered under this agreement at a printer of their choice. Photographer advises that the Clients use a reputable, high-quality printer (not a drugstore or Target) to ensure the integrity of the photographs in printed form. At the Client’s request, the photographer can provide recommendations. The Clients shall hold the Photographer harmless for compromised quality after printing or any other issues related to printing.
3.2 Image Selection Editing. Photographer shall have sole artistic discretion concerning image processing and selection. Images determined by the Photographer to be substandard or duplicated may be edited out. Under no circumstances shall RAW files be provided to the Clients. Unless agreed upon in writing, the Photographs may contain a mixture of color, black and white, and color corrected images. Clients may request further changes at an additional charge to be determined at the time of the request.
3.3 Limitation of Liability. Photographer shall take the utmost care with respect to the exposure, development and delivery of all The Services and Photographs.
3.4 Delivery and Storage. Photographer shall deliver Client’s Photographs in the form of a digital file gallery. Upon receipt of Photographs, Clients accepts all responsibility for archiving, storing, and protecting said materials. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers.
IV. Miscellaneous Terms
4.1 Notices. Any notice under this agreement may be effected by personal delivery in writing, or by certified or registered mail, postage pre-paid with return receipt requested, to the addresses noted above. Both parties shall notify the other if their addresses change from those listed in the first paragraphs of this Agreement.
4.2 Force Majeure. In the unlikely event that the Photographer is unable to perform the Services for reasons including but not limited to grave illness, pregnancy complications, injury, civil unrest, flood, fire, acts of God, or other unforeseen circumstances beyond the Photographer’s control, then the Photographer shall make best efforts to reschedule the Engagement Session for a time acceptable to both Parties. If no such date is available, Photographer shall retain the Nonrefundable Retainer Fee minus expenses. Photographer shall have no further liability with respect to this agreement.
4.3 Collection or Enforcement. In the event that the Photographer is required to file a legal action to collect unpaid fees or to otherwise enforce this Agreement, then the Photographer shall be entitled to recover all costs and expenses incurred by the Photographer in relation to such legal action, including an award covering Photographer’s attorneys’ fees.
4.4 Attorneys’ Fees. In the event any litigation, mediation, or other proceeding is initiated by any party to enforce, interpret or otherwise obtain judicial or quasi-judicial relief in connection with this Agreement, the non-prevailing party must pay all expenses and attorney’s fees relating to or arising out of such proceeding, and any post-judgment or post-award proceeding including those to enforce any judgment or award resulting from any such prior proceeding. Any such judgment or award shall contain a specific provision for the recovery of all such attorneys’ fees, costs, and expenses.
4.5 Indemnification. The Clients shall indemnify and hold harmless Photographer, Photographers, or any of the Photographer’s employees from and against and any and all claims, damages or liabilities that are not the result of any intentional or reckless act of the Photographer or Photographer’s agent(s). This provision shall survive the termination of this Agreement.
4.6 Entire Agreement. This Agreement is the final expression of such parties’ intent with respect to the terms included. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties.
4.7 Modifications. This Agreement may be modified only in writing.
4.8 Assignment. This Agreement and the services contemplated hereunder are personal to the Photographer and the Clients unless otherwise specified herein. Any attempt by the Clients to assign, transfer, or subcontract any obligations under this Agreement without the written consent of the Photographer shall be void. Nothing in the foregoing section shall prohibit the Photographer from sending team members to fulfill this Agreement.
4.9 Severable Provisions. The provisions of this Agreement are severable, and if any one or more provisions is determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions shall be binding and enforceable.
4.10 Waiver. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
4.11 Governing Law, Jurisdiction and Venue. This Agreement is to be construed pursuant to Laws of the State of New Jersey. Each party hereby consents to exclusive personal jurisdiction in the State of New Jersey, and any legal action or proceeding relating to this Agreement shall be brought exclusively in the state or federal courts located in or for West Caldwell, New Jersey.
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