The following Services Agreement (the “Agreement”) is entered by and between Zachary Ruben Photography LLC (collectively referred hereafter as “ZBR”) and Client (collectively referred hereafter as “Client”).
1. Description of Services
The description of services to be provided to Client are laid out in Invoice or Scope of Work of the Agreement. Additional add-on services and pricing for Client are available. Any changes or alterations to this Agreement must be in writing and signed by an authorized representative of both parties unless otherwise noted in this Agreement.
2. Fees and Charges
Upon signing of this Agreement, a check for all services must be sent to Zachary Ruben at the address designated in the Invoice.
Please make all checks payable to Zachary Ruben Photography LLC.
All remaining balances must be paid in full prior to product being delivered.
If additional services are added after signing the Agreement, ZBR will issue a new invoice and addendum to this agreement. At the discretion of ZBR, some charges may need to be paid in full prior to completion of work. This will be noted in the invoice.
3. Payment Terms
In the case of delinquent payments over 30 days, ZBR will charge any additional costs which are reasonable and necessary to affect payment, including but not limited to collection costs, attorney’s fees and litigation expenses. Payment for each service will be due as specified in this Agreement. Non-payment of fees shall be considered a material breach of this Agreement.
4. Termination
Either party may terminate this Agreement upon a material breach by the other party of its obligations hereunder if such breach is not cured to the reasonable satisfaction of the non-breaching party within thirty (30) days of written notice by the non-breach party to the breaching party.
All sections of this Agreement which by their nature shall survive termination, including without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations on liability.
All non-refundable deposits will remain non-refundable to Client.
If non-refundable purchases are made by ZBR such as (but not limited to) airline flights, or other transportation prior to arrival on site for the event, Client will be responsible for reimbursing ZBR these fees in the event of a contract termination prior to completion of work outlined in this document.
5. Possession, Ownership and Distribution of Materials
ZBR will maintain ownership and possession over the materials and pictures used to complete work as outlined in Invoice or Scope of Work. Additionally, the Client will receive rights to the material and pictures as outlined in Invoice or Scope of Work to reproduce, duplicate and distribute the final products in connection with the completed work in any media now known or hereafter to become known.
The Client agrees that ZBR also has the right to use the materials and pictures outlined in Invoice or Scope of Work to reproduce, duplicate and distribute in any media now known or hereafter to become known. As an example, these rights include showing potential, future clients of ZBR the completed work as outlined in Invoice or Scope of Work in person, via a website, Facebook or other media.
6. Limitation of Liability
In the event of a breach of this Agreement by ZBR, in no event shall ZBR have liability to Client in Excess of the total fees paid by Client to ZBR under this Agreement and neither party shall be liable to the other party or any third party for any indirect, incidental, consequential, punitive, special or exemplary damages, in any way arising from or related to this agreement or the services performed hereunder, regardless of the theory of liability any incorporated schedules hereto.
7. Force Majeure
Neither party shall be liable to the other party for any loss or damage due to delays or failure to perform hereunder resulting from events beyond the reasonable control of such party including without limitation Acts of God (including fire, flood, earthquake, storm, hurricane, other natural disaster, etc.), action by any governmental entity, telecommunication/electricity failures or labor disputes.
8. Indemnification
Client shall indemnify, defend, and hold harmless ZBR, its officers, directors and employees from any third party action(s) arising out of or relating to this Agreement, the infringement of any patent, copyright, trademark, trade secret, or otherwise arising out of the services, systems, deliverables or documentation, to the extent such services, systems, deliverables, or documentation incorporate materials supplied by Client or are the implementation of the specifications or designs furnished by Client. This includes, but is not limited to, any modification of content, images, or videos by Client, and/or any third party authorized by Client.
ZBR shall protect, indemnify, defend and hold Client harmless from and against all claims, losses, liabilities, expenses, costs and damages (including reasonable attorney’s fees and expenses) arising from or relating to any marketing or advertising content supplied by ZBR and used in the performance of services, including claims of infringement of intellectual property rights but excluding any claim arising from or related to any content or other materials that were provided by the Client, its contractors or agents, or that were otherwise used by ZBR at Client’s direction.
9. Governing Law
This Agreement and all complaints, claims or disputes arising hereunder, shall be governed by the laws of the State of Kansas and shall be venued in the County of Johnson. In the case of any such claim, or resulting litigation, the prevailing party shall be entitled to recover its attorneys’ fees and litigation expenses.
10. Notice Provisions
Notices under this Agreement shall be provided via Certified Mail or overnight courier to the address listed in the Invoice or Scope of Work.
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The terms of this contract are subject to change at any time with or without notice. By paying the invoice, Client agrees to the provisions described in this Agreement.
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This Contract was last updated on February 23, 2026