Wedding Photographer Contract Template PDF

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Wedding Photography Contract

This Wedding Photography Agreement (the "Agreement"), dated [the date both parties will have signed] is entered into by [Wedding Photographer name], an individual residing in [address], (the "Wedding Photographer"), and [client name], an individual residing in [address], (the "Client").

Whereas, the Wedding Photographer and the Client desire to establish the terms and conditions under which the Wedding Photographer will provide services to the Client, the parties agree as follows:

1. Scope of Work. The Wedding Photographer agrees to perform such consulting, advisory and related services specified on Exhibit A to this Agreement ("Description of Services").

2. Term. This Agreement shall commence from the date this Agreement is signed by both parties and shall continue until the scope of work defined in the Description of Services is completed (such period, as it may be extended or sooner terminated in accordance with the provisions of Section 4, being referred to as the ("Service Period").

3. Payment.

a. Service Cost. In consideration of the Service, the Client will pay the Wedding Photographer of $ per hour (the "Service Cost").

b. Expenses. The Wedding Photographer shall be responsible for all business expenses incurred by the Wedding Photographer in connection with, or related to, the performance of the services.

c. Invoices. The Client shall pay to the Wedding Photographer amounts shown on each statement or invoice described in Section 3(a) and 3(b) within () days after receipt thereof.

d. Benefits. The Wedding Photographer shall not be entitled to any benefits, coverages or privileges, including, without limitation, health insurance, social security, unemployment, medical or pension payments, made available to Wedding Photographers of the Client.

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How to Get Started with a Wedding Photography Contract Today

What is a wedding photography contract template?

If you're wondering what a wedding photography contract template is, it means you're one step closer to completing your very first major transaction for your freelance business. For those of you who have never had to send out a contract before – whether it's because you've worked with smaller clients or because you've always preferred to rely on agreements made in-person – it's time to learn what exactly a wedding photography contract is… and how to put one together for your freelance wedding photography business.

A wedding photography contract contains all the pertinent information that you and your client have discussed as part of your project, as well as the terms and circumstances under which the job will be performed, completed, and paid. The last thing you want is to spend time and effort capturing breath-taking shots of the wedding date and editing them, just to have it thrown away without any kind of monetary recompense. Remember: It is impossible to be certain of the outcome of your job unless you have a wedding contract that clearly defines what has to be done as part of the project. These details are important.

When it comes down to it, a wedding photographer contract ensures that you get the money you are entitled to, depending on the conditions that you and your client have agreed upon before delivering the written agreement to your customer, either in-person or via email, for example.

Avoid potential customers that resist the use of a formal contract for your engagement, as contracts provide an important legal structure necessary to protect you and your freelance wedding photography business should the wedding event not go as planned. Furthermore, contracts safeguard your customers in the event that you fail to perform as agreed upon, which is an important element of the business transaction, as well. It is mutually advantageous, and the only individuals who lose out when a contract is not in place are the people who do not have a contract to begin with.

Wedding photographers who choose to work with Indy's professional contract development software can streamline the contract-writing process, which benefits all parties due to the use of powerful job-specific contract development tools. Indy's professional contract development software is available for purchase on the Indy website. Using modern Indy software, wedding photographers can build wedding photography contracts that are easy to navigate for any customer and that are consistent with their brand.

It's important to remember that while writing a wedding photography contract, you'll need to grasp the scope of your work, not only in terms of time, but also in terms of equipment, such as cameras and editing software, as well as other accessories, as well as travel expenditures.

Now that you have a basic grasp of what a wedding photography contract template is, it is time to get started and learn how to build them for your own needs. This can help you build a positive reputation as a wedding photographer, which will allow you to better advertise your business, enhance word-of-mouth marketing, and attract more customers.

Do you even need a wedding photography contract?

A wedding Photography Agreement values your time and effort.

When you include the payment amount and terms in your wedding photography contract, you pave the way to getting paid properly for your project. When the project or milestone finishes, every party knows what to pay and when to pay it. It seems too easy for newlyweds to forget about paying for photography services after the wedding day. So, getting a contract in place prior to the wedding shoot is a good idea.

Your wedding photography contract defines the project's scope.

Scope creep is difficult for just about every freelance wedding photographer. When the size of the job changes without warning, finishing on time and getting paid properly become harder. A clearly defined project scope in a contract avoids any scope creep. The size of the wedding party could change, wedding guests might want more pictures, or the venue might have a surprise rule prohibiting flash photography that creates more editing work. Your legal agreement should help you manage these changes if they occur.

A legally binding contract makes money talks easier

Creating a free wedding photography contract can help you talk about money with your clients. Weddings are key events and they even contain key events, so people want pictures and memories. They may not be aware of costs, though. Clarifying how much and when monies paid will happen is good practice.

How do you create a freelance wedding photography contract?

Use Indy to creat your entire agreement. Indy has a wedding photography contract template. There are two reasons to choose this one:

We've taken legal advice and the legal team approved our wedding photography contract. If something goes wrong, you know your contracts are legally enforceable.
Don't spend your time writing something you won't get paid for, like a new wedding photography agreement. Use our freelance template to get started faster.

How to write a wedding photography contract template?

When creating a wedding photography contract template, it's important to remember that all of the language should be as clear and concise as possible to avoid misunderstandings and confusion for the client as they review the document and scope of the project. It's critical that you and your client communicate fully and clearly when you first begin working together within your professional relationship. Recognize that clear and open communication will allow you to identify all aspects of your contract while still meeting the requirements of your customer and your freelance wedding photography operation.

As you build out your wedding photography contract, you can write down a very basic description of the engagement with room for negotiation, per the client. Doing so will allow you and your client to get on the same page about the scope of the task at hand and what it involves before you start working.

A basic wedding photography contract that does not address all of the legal elements of safeguarding both parties, as well as your work, may be as easy as writing down what the task is, how much money needs to be paid, and when you must submit for your work to be considered complete and accurate. It's convenient, but if, for some reason, you don't want your picture to be published on a certain platform or sold commercially, for example, there's nothing you can do to prevent it from happening if it does.

A lengthy and detailed contract protects you from having to deal with pointless problems. When you're on a shoot, you already have to deal with the unpredictable nature of the weather, lighting, and guests; why should you have to worry about legal troubles, as well?

With Indy contract templates, freelance wedding photographers gain access to a fantastic way to get started on creating a contract for their wedding photography operation. The templates are simple to use and can be customized to your specifications.

What should be included in a wedding photography contract template?

For each contract, you should always include the following information: the scope of work, a detailed description of services and/or deliverables, payment terms, general project-specific terms, and liability limits. These elements will almost always be included in any genuine contract. Now, what exactly should be included in a wedding photography contract template?

Project Scope

During this stage of the contract-writing process, you will rewrite the agreement between you and your customer clearly and concisely, detailing the work that has to be done in its entirety.

Description of Services and/or Deliverables

In this section, you will describe, in as much detail as possible, what you will do for your client, and how you will go about doing it (use of equipment, production software, etc.).

Feedback, Photo Editing, and Approval Process

In this part of the wedding photography contract, you guarantee that your time on the project is not wasted in any way. Use this section to inform the client of how many changes will be acceptable and your preferred method of approval.

Milestones

In this section be certain that you are completely comfortable with your proposed deadlines, and that you will be able to adhere to them during the event and during the editing process. Remember: if you adhere to your deadlines, the client will adhere to their payment deadlines, as well.

Payment Dates and Conditions

In this section, ensure that all relevant information regarding the payment process is outlined clearly and prominently. Include payment dates clearly and boldly, as well as conditions such as late fees and accepted forms of payment. This gives you a good chance of keeping your payment schedule intact.

Tax Documentation

In terms of tax paperwork, it is important to be familiar with your local regulations. Some localities don't have regulations in place, while others do. When in doubt, consult your local tax office.

Intellectual Property

While photographing someone's wedding, do you ever consider who owns the photograph? Is it better to be the creator or the buyer? This is when the intellectual property clause comes into play with your wedding photography contract. Talk to your client and find out what they want for this job so that you can come to an agreement on the project details.

Non-Exclusivity

If you're a freelancer, this should be included in every contract, unless you've been given an incredible opportunity. Because you need a large number of customers to make a living as a wedding photographer, a non-exclusivity provision prevents you from being tied to a single client.

Confidentiality

You may discover that some customers prefer that all partnerships remain confidential; if this is the case for your event, be sure to include this clause for your client, should they request it.

Termination

Even if everything goes well, things don't always turn out as intended. With a termination clause, you and your customer may terminate a partnership for legitimate reasons that you both agree on. You do not have to suggest a replacement photographer, but it may be a nice touch.

Dispute Resolution

This is an important section for any wedding photography contract. This section will serve as a safeguard for both parties, should anything go wrong during the course of your partnership pertaining to the project. Should problems arise, it's a good idea to include notes on how you will solve disputes so that the process is simpler to address for both you and your client when the time comes.

Where to find a wedding photography contract template?

The quickest and most efficient method to locate a wedding photography contract template is to use your preferred search engine and search the web for templates that suit your needs. However, you'll discover that freelancers have access to a wide array of options, and choosing one may prove more difficult than actually filling out the contract with your project specific details.

It's important to note that some contract templates are only available in PDF format and cannot be changed or modified, meaning that you'll have to write everything down separately. Other contract types may not include all of the sections you'll need to ensure that you cover every element of the project scope in detail. Instead, consider using one of Indy's powerful wedding photography contract templates to create your contract for your next event. Indy's wedding photography contract templates are simple to use and include all of the relevant sections that should be covered in a freelancing wedding photography agreement.

Using Indy's templates is also a great way to save time with access to our free contract generator. With this resource, freelance wedding photographers can draw up a contract in a matter of minutes, freeing up time to spend on tasks like booking other weddings or editing photos from recent engagements.

Wedding photography contracts by Indy also help to simplify the whole writing process of working as a freelancer, as they also include invoice templates, file sharing capabilities, and other impressive business features that may help you work more efficiently and effectively as a freelance operation. You may increase your productivity by assuming responsibility for the commercial aspects of your business yourself.

As an added bonus, Indy assists you in dealing with all of the paperwork and bureaucracy associated with freelance wedding photography, allowing you to spend more time booking clients and editing your stunning photos.

Can I use your wedding photography contract sample?

We have two documents you can use as a freelance wedding photographer. You can sign up for a free Indy account and use our contract generator to create the correct contract for your needs in a few minutes.

What happens when a photographer cancels?

A suitable replacement photographer should be found especially if you are the one cancelling. Of course, a cancellation clause in your contract is helpful. Clients understand if there is good cause. But it may be a good idea to develop a network of other photography services who could step in if necessary.

Can I write my own photography contract?

Anyone could write a legal agreement and write one. However, you should always consult an industry lawyer before drafting a photography contract. If you don't have the time, then use our contract. It's already been checked.

How do wedding photographers share their photos?

Many photographers now prefer to share photos through cloud services where the user has easy access to the photos. DropBox, Google, Amazon S3, and many more are available for storing images in folders at no cost to everyone.

Create new wedding photography contracts quickly and easily. Here's an example of an Indy contract:

Wedding Photography Contract

Whereas, the Wedding Photographer and the Client desire to establish the terms and conditions under which the Wedding Photographer will provide services to the Client, the parties agree as follows:

1. Scope of Work. The Wedding Photographer agrees to perform such consulting, advisory and related services specified on Exhibit A to this Agreement ("Description of Services").

3. Payment.

a. Service Cost. In consideration of the Service, the Client will pay the Wedding Photographer of $ per hour (the "Service Cost").

b. Expenses. The Wedding Photographer shall be responsible for all business expenses incurred by the Wedding Photographer in connection with, or related to, the performance of the services.

c. Invoices. The Client shall pay to the Wedding Photographer amounts shown on each statement or invoice described in Section 3(a) and 3(b) within () days after receipt thereof.

4. Termination. This Agreement may be terminated prior to the end of the Service Period in the following manner: (a) by either the Wedding Photographer or the Client upon not less than () days prior written notice to the other party; (b) by the non-breaching party, upon twenty-four (24) hours prior written notice to the breaching party if one party has materially breached this Agreement; or (c) at any time upon the mutual written consent of the parties hereto. In the event of termination, the Wedding Photographer shall be entitled to payments for services performed that have not been previously paid and, subject to the limitations in Section 3.2, for expenses paid or incurred prior to the effective date of termination that have not been previously paid. Such payment shall constitute full settlement of any and all claims of the Wedding Photographer of every description against the Client. In the event that the Client’s payment to the Wedding Photographer exceeds the amount of services performed and (subject to the limitations in Section 3.2) for expenses paid or incurred prior to the effective date of termination, then the Wedding Photographer will immediately refund the excess amount to the Client. Such refund shall constitute full settlement of any and all claims of the Client of every description against the Wedding Photographer.

5. Cooperation.The Wedding Photographer shall use Wedding Photographer's best efforts in the performance of Wedding Photographer's obligations under this Agreement. The Client shall provide such access to its information and property as may be reasonably required in order to permit the Wedding Photographer to perform Wedding Photographer's obligations hereunder. The Wedding Photographer shall cooperate with the Client’s personnel, shall not interfere with the conduct of the Client’s business and shall observe all rules, regulations and security requirements of the Client concerning the safety of persons and property.

6. Proprietary Information and Inventions.

a. Proprietary Information.

1. The Wedding Photographer acknowledges that the Wedding Photographer's relationship with the Client is one of high trust and confidence and that in the course of Wedding Photographer's service to the Client, Wedding Photographer will have access to and contact with Proprietary Information. The Wedding Photographer will not disclose any Proprietary Information to any person or entity other than Wedding Photographers of the Client or use the same for any purposes (other than in the performance of the services) without written approval by an officer of the Client, either during or after the Consultation Period, unless and until such Proprietary Information has become public knowledge without fault by the Wedding Photographer.

2. For purposes of this Agreement, Proprietary Information shall mean, by way of illustration and not limitation, all information, whether or not in writing, whether or not patentable and whether or not copyrightable, of a private, secret or confidential nature, owned, possessed or used by the Client, concerning the Client’s business, business relationships or financial affairs, including, without limitation, any Invention, formula, Wedding Photographer information, customer information, apparatus, equipment, trade secret, process, research, report, technical or research data, clinical data, know-how, computer program, software, software documentation, hardware design, technology, product, processes, methods, techniques, formulas, compounds, projects, developments, marketing or business plan, forecast, unpublished financial statement, budget, license, price, cost, customer, supplier or personnel information or Wedding Photographer list that is communicated to, learned of, developed or otherwise acquired by the Wedding Photographer in the course of Wedding Photographer's service as a Wedding Photographer to the Client.

3. The Wedding Photographer’s obligations under this Section 6 shall not apply to any information that (i) is or becomes known to the general public under circumstances involving no breach by the Wedding Photographer or others of the terms of this Section 6, (ii) is generally disclosed to third parties by the Client without restriction on such third parties, or (iii) is approved for release by written authorization of an officer of the Client.

4. The Wedding Photographer agrees that all files, documents, letters, memoranda, reports, records, data sketches, drawings, models, laboratory notebooks, program listings, computer equipment or devices, computer programs or other written, photographic, or other tangible material containing Proprietary Information, whether created by the Wedding Photographer or others, which shall come into Wedding Photographer's custody or possession, shall be and are the exclusive property of the Client to be used by the Wedding Photographer only in the performance of Wedding Photographer's duties for the Client and shall not be copied or removed from the Client’s premises except in the pursuit of the business of the Client. All such materials or copies thereof and all tangible property of the Client in the custody or possession of the Wedding Photographer shall be delivered to the Client, upon the earlier of (i) a request by the Client or (ii) the termination of this Agreement. After such delivery, the Wedding Photographer shall not retain any such materials or copies thereof or any such tangible property.

5. The Wedding Photographer agrees that Wedding Photographer’s obligation not to disclose or to use information and materials of the types set forth in paragraphs (2) and (4) above, and Wedding Photographer's obligation to return materials and tangible property set forth in paragraph (4) above extends to such types of information, materials and tangible property of customers of the Client or suppliers to the Client or other third parties who may have disclosed or entrusted the same to the Client or to the Wedding Photographer.

6. The Wedding Photographer acknowledges that the Client from time to time may have agreements with other persons or with the United States Government, or agencies thereof, that impose obligations or restrictions on the Client regarding inventions made during the course of work under such agreements or regarding the confidential nature of such work. The Wedding Photographer agrees to be bound by all such obligations and restrictions that are known to the Wedding Photographer and to take all action necessary to discharge the obligations of the Client under such agreements.

b. Inventions.

1. All inventions, ideas, creations, discoveries, computer programs, works of authorship, data, developments, technology, designs, innovations and improvements (whether or not patentable and whether or not copyrightable) which are made, conceived, reduced to practice, created, written, designed or developed by the Wedding Photographer, solely or jointly with others or under Wedding Photographer's direction and whether during normal business hours or otherwise, (i) during the Consultation Period if related to the business of the Client or (ii) after the Consultation Period if resulting or directly derived from Proprietary Information (as defined below) (collectively under clauses (i) and (ii), "Inventions"), shall be the sole property of the Client. The Wedding Photographer hereby assigns to the Client all Inventions and any and all related patents, copyrights, trademarks, trade names, and other industrial and intellectual property rights and applications therefore, in the United States and elsewhere and appoints any officer of the Client as Wedding Photographer's duly authorized attorney to execute, file, prosecute and protect the same before any government agency, court or authority. However, this paragraph shall not apply to Inventions which do not relate to the business or research and development conducted or planned to be conducted by the Client at the time such Invention is created, made, conceived or reduced to practice and which are made and conceived by the Wedding Photographer not during normal working hours, not on the Client’s premises and not using the Client’s tools, devices, equipment or Proprietary Information. The Wedding Photographer further acknowledges that each original work of authorship which is made by the Wedding Photographer (solely or jointly with others) within the scope of the Agreement and which is protectable by copyright is a "work made for hire," as that term is defined in the United States Copyright Act.

2. Upon the request of the Client and at the Client’s expense, the Wedding Photographer shall execute such further assignments, documents and other instruments as may be necessary or desirable to fully and completely assign all Inventions to the Client and to assist the Client in applying for, obtaining and enforcing patents or copyrights or other rights in the United States and in any foreign country with respect to any Invention. The Wedding Photographer also hereby waives all claims to moral rights in any Inventions.

3. The Wedding Photographer shall promptly disclose to the Client all Inventions and will maintain adequate and current written records (in the form of notes, sketches, drawings and as may be specified by the Client) to document the conception and/or first actual reduction to practice of any Invention. Such written records shall be available to and remain the sole property of the Client at all times.

4. Notwithstanding the foregoing in this Section 6(b), the ownership and use of the Inventions that are assigned to the Client in Section 6(b)(i) (the "Assigned Inventions") shall be limited as set forth in Exhibit B.

7. Limitation of Liability. Notwithstanding anything to the contrary contained elsewhere herein, neither party shall be liable to the other for any consequential, special, incidental, indirect or punitive damages of any kind or character, including, but not limited to, loss of use, loss of profit, loss of anticipated profit, loss of bargain, loss of revenue or loss of product or production, however arising under this contract or as a result of, relating to or in connection with the service and the parties’ performance of the obligations hereunder, and no such claim shall be made by any party against the other regardless of whether such claim is based or claimed to be based on negligence (including sole, joint, active, passive, or concurrent negligence, but excluding gross negligence), fault, breach of warranty, breach of agreement, breach of contract, statute, strict liability or any other theory of liability.

8. Indemnification. The Wedding Photographer shall be solely liable for, and shall indemnify, defend and hold harmless the Company and its successors and assigns from any claims, suits, judgments or causes of action initiated by any third party against the Company where such actions result from or arise out of the services performed by the Wedding Photographer or its Wedding Photographers under this Agreement. The Wedding Photographer shall further be solely liable for, and shall indemnify, defend and hold harmless the Company and its successors and assigns from and against any claim or liability of any kind (including penalties, fees or charges) resulting from the Wedding Photographer’s or its Wedding Photographers’ failure to pay the taxes, penalties, and payments referenced in Section 9 of this Agreement. The Wedding Photographer shall further indemnify, defend and hold harmless the Company and its successors and assigns from and against any and all loss or damage resulting from any misrepresentation, or any non-fulfillment of any representation, responsibility, covenant or agreement on its part, as well as any and all acts, suits, proceedings, demands, assessments, penalties, judgments of or against the Company relating to or arising out of the activities of the Wedding Photographer or its Wedding Photographers and the Wedding Photographer shall pay reasonable attorneys’ fees, costs and expenses incident thereto.

9. Wedding Photographer Status. The parties shall be deemed Wedding Photographers for all purposes hereunder. Accordingly:

a. The Wedding 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 and the Wedding Photographer will determine when, where and how the Service will be provided.

c. The Client will not provide training to the Wedding Photographer.

d. The Wedding Photographer will be solely responsible for all state and federal income taxes in connection with this Agreement.

e. This Agreement does not constitute an employment, partnership, joint venture or agency between the parties hereto, nor shall either of the parties hold itself out as such contrary to the terms hereof by advertising or otherwise nor shall either of the parties become bound or become liable because of any representation, action or omission of the other.

10. General.

a. Survival. Sections 4 through 11 shall survive the expiration or termination of this Agreement.

b. Non-Solicitation. During the Service Period and for a period of [six (6) months] thereafter, the Wedding Photographer shall not, either alone or in association with others, (a) solicit, or permit any organization directly or indirectly controlled by the Wedding Photographer to solicit, any Wedding Photographer of the Client to leave the employment of the Client, or (b) solicit or permit any organization directly or indirectly controlled by the Wedding Photographer to solicit any person who is engaged by the Client.

c. Use of Subcontractors. The Wedding Photographer may use trusted contractors to complete components of the Wedding Photographer’s obligations hereunder, provided that the Wedding Photographer shall remain solely responsible for such contractors’ performance, that the Client shall have no obligation to such contractors and the use of such contractors shall not cause any increase in fees, costs or expenses that would otherwise be payable hereunder.

d. Entire Agreement. This Agreement (including the documents referred to herein) constitutes the entire agreement between the Client and the Wedding Photographer and supersedes any prior understandings, agreements or representations by the parties, whether written or oral, with respect to the subject matter hereof.

e. Assignment. Neither party may assign or transfer this Agreement in whole or in part, nor any of the rights hereunder, without prior written consent of the other party.

f. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed effective upon personal delivery or upon deposit in the United States Post Office, by registered or certified mail, postage prepaid, addressed to the other party at the address shown above, or at such other address or addresses as either party shall designate to the other in accordance with this Section 13.

g. Amendments. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each party.

h. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. If the final judgment of a court of competent jurisdiction declares that any term or provision hereof is invalid or unenforceable, the Wedding Photographer and the Client agree that the court making the determination of invalidity or unenforceability shall have the power to limit the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified.

i. Force Majeure. Neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, fire, embargo, riot, sabotage, or failure of third party power or telecommunications networks, provided that the delayed party: (a) gives the other party prompt notice of such cause and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance.

j. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of (other than any principle of conflict or choice of laws that would cause the application of the laws of any other jurisdiction).

k. Arbitration. Any unresolved controversy or claim arising out of or relating to this Agreement, except as (i) otherwise provided in this Agreement, or (ii) any such controversies or claims arising out of either party’s intellectual property rights for which a provisional remedy or equitable relief is sought, shall be submitted to arbitration by one arbitrator mutually agreed upon by the parties, and if no agreement can be reached within thirty (30) days after names of potential arbitrators have been proposed by the American Arbitration Association (the “AAA”), then by one arbitrator having reasonable experience in corporate finance transactions of the type provided for in this Agreement and who is chosen by the AAA. The arbitration shall take place in , , in accordance with the AAA rules then in effect, and judgment upon any award rendered in such arbitration will be binding and may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

l. Counterpart. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. This Agreement may be executed by facsimile, digital or electronic signature.