TERMS & CONDITIONS

THE FINE PRINT

 

By submitting your booking online, you agree to the following contractual Terms & Conditions. Please read carefully!

I. Photography

A. Portraits

B. Weddings

C. Events

II. Videography

A. Weddings

B. Events

III. Graphic Design

I. Photography

A. Portraits

1.    Retainer and Payment.  The Client shall pay for all services and add-ons in full at time of booking. This includes a non-refundable retainer in the amount of 50% for the Company to perform the services specified herein. Upon payment, the Company will reserve the time and date agreed upon by both parties.  The Client agrees that this retainer is earned by the Company when paid, and is remitted in consideration of the experience, reputation, skill of the Company, and in consideration of the inability of the Company to schedule other clients during this time. 

 

Payment for product orders shall be submitted to the Company within 0 days of gallery delivery, whether via online proofing service or in-person viewing. 

 

Any payment plan Contract agreed to by the Company and the Client shall be included as an addendum to this Contract.  A late payment fee of $25 shall be applied to the late payment amount in accordance with the payment plan Contract.  No products shall be delivered until the entire amount is paid in full. 

 

2.    Cancellation.  If the Client requests to amend or cancel this Contract 7 or more calendar days before the agreed upon photographic event date, the retainer shall be applied to a mutually agreed upon reschedule date.  If the Client fails to show or cancels 7 or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited. 

 

3.    Rescheduling/Late Arrivals/Extra Time.  In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 7 days prior to the scheduled event.  Reschedule must be within the same calendar year.  Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event.  Clients shall not be compensated for the time deducted from the event due to late arrival of the Client. If additional time is requested by the client, it may be provided by the Artist at the Company's established rates.

 

4.    Completion Schedule.  Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.

 

• Prints shall take 3-4 weeks from time of print order to be processed and delivered to the Client.   

• Albums shall take 3-4 weeks from date of final design approval by the Client to be received by the Company.   

• Apps shall take 2-3 weeks from time of print order to be processed and delievered to the client.

 

The Client should place orders with sufficient time to allow for normal delays and notify the Company at the time of the order if there are any extenuating circumstances requiring a quicker turn around.  An expedited fee of $100 shall be applied to expedited product requests.  The Company shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services. 

 

5.    Use of Independent Contractor.  In the event a third-party Independent Contractor is hired for services and/or products for the photographic event, the Company is not liable for any actions by the Independent Contractor. This includes, but is not limited to, allergies as a result of use of the products/services by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor. 

6.    Photographic Materials.  All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Company. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract. The Company shall make gallery proofs available through an agreed upon in-person product consultation.  These proofs shall be available for viewing by the Client within 3 weeks of the photographic event.  All orders shall be placed during the in-person consultation. 

 

7.    Artistic Rights.  The Company retains the right of discretion in selecting the photographic materials released to the Client.   The Client shall receive a gallery of 45 photographs to select from and shall not receive any photographic materials not presented to the Client.  The Company also retains the right to make adjustments to the photographs in post-processing as the Company deems within their creative control.  Additional processing may be requested for $5 per file. 

 

8.    Copyright and Reproductions. The Company shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats.  It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Company.  Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. The Company does not provide the Client permission to resize photographs for Internet-based usage.

 

9.    Client Usage.  The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract.  The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of the Company. Additional prints and/or digital files may be purchased between third-parties and the Company with the permission of the Client.  Accordingly, if the Company provides a digital file print release, the Client must act in accordance with the release. 

 

10.  Social Media.  The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links.  The Client shall not copy, download, screen shot, or capture the photographs in any other fashion.  The Client shall identify “© Square 8 Studio 2016” in the caption of all photographs uploaded to social media websites and profiles.  The Client agrees to only share and express positive thoughts regarding their experience with The Company and the products they received. 

 

11.  Photography and Videography. The Client shall not engage in photography or videography during the course of the photographic event unless otherwise agreed to by the Company. 

12.  Failure to Perform.  If the Company is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Company, the Company and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Company shall return the retainer to the Client and shall have no further liability.   Further, if the Company is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Company, liability shall be limited. 

13.  Substitute Photographer.  The Company reserves the right to substitute with another photographer.  The substitute photographer is chosen at the discretion of the Company and does not constitute a breach of this Contract.  The Company warrants the substitute photographer to be of comparable quality and professionalism. 

14.  Company’s Standard Price List.  The charges in this Contract are based on the Company’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. 

15.  Travel and Overage Fees. The Client shall pay $0.52 per mile outside a 25-mile radius from the Company’s home office. 

16.  Arbitration.  Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Company’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200.   In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute. 

17.  Indemnification. The Company shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events. 

18.  Miscellany. This Contract incorporates the entire understanding of the parties.  Any modifications of this Contract must be in writing and signed by both parties.  Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.  This Contract shall be governed by the laws of the State of Texas. 

 

19.  Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded. 

20.  Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. 

B. Weddings

This Contract is between the Client, whose name should be listed in the online booking registration, and the Company, Square 8 Studio.

 

1.    Retainer and Payments. The Client shall pay for all services and add-ons in full at time of booking. This includes a non-refundable retainer in the amount of 50% of the total booking price for the Company to perform the services specified herein. Upon payment, the Company will reserve the time and date agreed upon by both parties.  The Client agrees that this retainer is earned by the Company when paid, and is remitted in consideration of the experience, reputation, skill of the Company, and in consideration of the inability of the Company to schedule other clients during this time.

 

2.    Pre-Event Consultation. The Client agrees to a pre-event consultation.  The consultation shall work to finalize the schedule, locations, and the Client’s particular requests. 

 

3.    Cancellation.  If for any reason Client cancels this Contract prior to or on the event date, the Company shall keep the retainer and any monies paid on the date of cancellation.  All cancellations must be made in writing and signed by all contracted parties.  If the Client fails to supply written cancellation or cancels within 21 days of the contracted date, the Client shall be required to pay the full balance of the Contract.

 

4.    Rescheduling.  If, for any reason, the Client reschedules the event at least 21 days prior to the event date, and such rescheduling is confirmed in writing to the Company, the retainer may, at the Company’s sole discretion, be applied to the new date.  A new Contract will be required to reflect the changes. If additional time is requested by the client, it may be provided by the Artist at the Company's established rates.

 

5.    Photographic Materials.  All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Company.   All orders must be placed within the outlined schedules within this Contract.   No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.

 

The Company shall make gallery proofs available through an agreed upon in-person product consultation.  These proofs shall be available for viewing by the Client within 4 weeks of the photographic event.  All orders shall be placed during the in-person consultation.

6.    Artistic Rights.  The Company retains the right of discretion in selecting the photographic materials released to the Client.   The Client shall receive a gallery of at least 250 photographs to select from and shall not receive any photographic materials not presented to the Client.  The Company also retains the right to make adjustments to the photographs in post-processing as the Company deems within their creative control.  No additional processing may be requested.

 

7.    Copyright and Reproductions. The Company shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats.  It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Company.  Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.  The Company does not provide the Client permission to resize photographs for Internet-based usage.

 

8.    Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract.  The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of the Company. Additional prints and/or digital files may be purchased between third-parties and the Company with the permission of the Client.  Accordingly, if the Company provides a digital file print release, the Client must act in accordance with the release.  

 

9.    Social Media.  The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links.  The Client shall not copy, download, screen shot, or capture the photographs in any other fashion.  The Client shall identify the “© 2016 Square 8 Studio” in the caption of all photographs uploaded to social media websites and profiles.   The Client agrees to only speak positively about their experience with the Company in social media postings.

 

10.    Safe Working Environment. The Client agrees to undertake the best efforts to ensure that guests and attendees at the event treat the Company and the Company’s staff with respect and dignity and that the Company is provided with a safe working environment. The Company retains the right to cancel the remainder of any photography session in the event guests and/or attendees of the event commit any instances of sexual harassment, violence, threats, or other similar behavior that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation the Client shall not be entitled to any refund. 

 

11.    Cooperation of Client and Guests. The Client will cooperate with the Company and defer to the Company’s professional judgment related to setting, poses, picture grouping, and other matters of artistic discretion. The Company retains the absolute right to refuse to photograph any situation, pose, or grouping that would interfere with the Company’s artistic discretion. The Client will utilize best efforts to ensure that guests and attendees cooperate with the Company.

 

12.    Photography and Videography.  The Company and the Company’s team shall be the sole photographers for coverage of the event.  Videographers and photo booth operators shall be excluded from this provision if submitted in writing by the Client to the Company at least 3 weeks prior to the event date.

 

13.    Failure to Perform.  If the Company is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Company, the Company shall make every attempt to provide a Substitute Photographer per the provisions in this Contract. Further, if the Company is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Company, liability shall be limited.

 

14.    Substitute Photographer.  The Company reserves the right to substitute with another photographer.  The substitute photographer is chosen at the discretion of the Company and does not constitute a breach of this Contract.  The Company warrants the substitute photographer to be of comparable quality and professionalism.

 

15.     Independent Contractor – Second Photographer.  The Company may elect to supply an additional professional photographer to assist on the event day.  The Company reserves the right and discretion at selecting the appropriate additional photographer. 

 

16.    Company’s Standard Price List.  The charges in this Contract are based on the Company’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

 

17.    Meals and Breaks.  A meal is required for every member of the Company’s team for coverage that lasts more than 3 hours.  A 20 minute break is required for every member of the Company’s team for coverage that lasts more than 4 hours.

 

18.    Venue Guidelines.  The Company is bound to guidelines and policies of venue officials or management.  The Client agrees to accept the technical results of their imposition on the Company.  Negotiation with the officials for modification of guidelines and/or policies is the Client’s responsibility.  Any additional permits or fees required by the venue or local jurisdiction shall be the responsibility of the Client.

 

19.    Completion Schedule.  Completion schedules and delivery of products shall be determined from the date of final approval by the Client.  Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.

 

•    Prints shall take 3 weeks from time of print order to be processed and delivered to the Client.   

•    Canvases shall take 4 weeks from time of canvas order to be processed and delivered to the Client.

•    Albums shall take 4 weeks from date of final design approval by the Client to be received by the Company.   

•    Apps shall take 2 weeks from date of final design approval by the Client to be received by the Company

 

The Client should place orders with sufficient time to allow for normal delays and notify the Company at the time of the order if there are any extenuating circumstances requiring a quicker turn around.  An expedited fee of $150 shall be applied to expedited product requests.  The Company shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

 

20.    Travel and Overage Fees. The Company agrees to travel 30 miles from the Company’s office location. The Client shall pay $0.52 per mile outside of a 30 mile radius.

 

21.    Arbitration.  Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Company’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $300.  In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

 

22.    Indemnification. The Company shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.

 

23.    Miscellany. This Contract incorporates the entire understanding of the parties.  Any modifications of this Contract must be in writing and signed by both parties.  Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.  This Contract shall be governed by the laws of the State of Texas.

 

24.    Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

 

25.    Construction.  Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

C. Events

This Contract is between the Client, whose name should be listed in the online booking registration, and the Company, Square 8 Studio.

1.    Retainer and Payments. The Client shall pay for all services and add-ons in full at time of booking. This includes a non-refundable retainer in the amount of 50% for the Company to perform the services specified herein. Upon payment, the Company will reserve the time and date agreed upon by both parties.  The Client agrees that this retainer is earned by the Company when paid, and is remitted in consideration of the experience, reputation, skill of the Company, and in consideration of the inability of the Company to schedule other clients during this time.

2.    Pre-Event Consultation. The Client agrees to a pre-event consultation.  The consultation shall work to finalize the schedule, locations, and the Client’s particular requests. 

 

3.    Cancellation.  If for any reason Client cancels this Contract prior to or on the event date, the Company shall keep the retainer and any monies paid on the date of cancellation.  All cancellations must be made in writing and signed by all contracted parties.  If the Client fails to supply written cancellation or cancels within 21 days of the contracted date, the Client shall be required to pay the full balance of the Contract.

 

4.    Rescheduling.  If, for any reason, the Client reschedules the event at least 21 days prior to the event date, and such rescheduling is confirmed in writing to the Company, the retainer may, at the Company’s sole discretion, be applied to the new date.  A new Contract will be required to reflect the changes.  Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event.  Clients shall not be compensated for the time deducted from the event due to late arrival of the Client. If additional time is requested by the client, it may be provided by the Artist at the Company's established rates.

 

5.    Photographic Materials.  All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Company.   All orders must be placed within the outlined schedules within this Contract.   No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.

 

The Company shall make gallery proofs available through an agreed upon in-person product consultation.  These proofs shall be available for viewing by the Client within 4 weeks of the photographic event.  All orders shall be placed during the in-person consultation.

 

6.    Artistic Rights.  The Company retains the right of discretion in selecting the photographic materials released to the Client.   The Client shall receive a gallery of at least 100 photographs to select from and shall not receive any photographic materials not presented to the Client.  The Company also retains the right to make adjustments to the photographs in post-processing as the Company deems within their creative control.  No additional processing may be requested.

 

7.    Copyright and Reproductions. The Company shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats.  It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Company.  Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.  The Company does not provide the Client permission to resize photographs for Internet-based usage.

 

8.    Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract.  The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of the Company. Additional prints and/or digital files may be purchased between third-parties and the Company with the permission of the Client.  Accordingly, if the Company provides a digital file print release, the Client must act in accordance with the release.  

 

9.    Social Media.  The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links.  The Client shall not copy, download, screen shot, or capture the photographs in any other fashion.  The Client shall identify the “© 2016 Square 8 Studio” in the caption of all photographs uploaded to social media websites and profiles.   The Client agrees to only speak positively about their experience with the Company in social media postings.

 

10.    Safe Working Environment. The Client agrees to undertake the best efforts to ensure that guests and attendees at the event treat the Company and the Company’s team with respect and dignity and that the Company is provided with a safe working environment. The Company retains the right to cancel the remainder of any photography session in the event guests and/or attendees of the event commit any instances of sexual harassment, violence, threats, or other similar behavior that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation the Client shall not be entitled to any refund. 

 

11.    Cooperation of Client and Guests. The Client will cooperate with the Company and defer to the Company’s professional judgment related to setting, poses, picture grouping, and other matters of artistic discretion. The Company retains the absolute right to refuse to photograph any situation, pose, or grouping that would interfere with the Company’s artistic discretion. The Client will utilize best efforts to ensure that guests and attendees cooperate with the Company.

 

12.    Photography and Videography.  The Company and the Company’s team shall be the sole photographers for coverage of the event.  Videographers and photo booth operators shall be excluded from this provision if submitted in writing by the Client to the Company at least 3 weeks prior to the event date.

 

13.    Failure to Perform.  If the Company is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Company, the Company shall make every attempt to provide a Substitute Photographer per the provisions in this Contract. Further, if the Company is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Company, liability shall be limited.

 

14.    Substitute Photographer.  The Company reserves the right to substitute with another photographer.  The substitute photographer is chosen at the discretion of the Company and does not constitute a breach of this Contract.  The Company warrants the substitute photographer to be of comparable quality and professionalism.

 

15.     Independent Contractor – Second Photographer.  The Company may elect to supply an additional professional photographer to assist on the event day.  The Company reserves the right and discretion at selecting the appropriate additional photographer. 

 

16.    Company’s Standard Price List.  The charges in this Contract are based on the Company’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

 

17.    Meals and Breaks.  A meal is required for every member of the Company’s team for coverage that lasts more than 3 hours.  A 20 minute break is required for every member of the Company’s team for coverage that lasts more than 4 hours.

 

18.    Venue Guidelines.  The Company is bound to guidelines and policies of venue officials or management.  The Client agrees to accept the technical results of their imposition on the Company.  Negotiation with the officials for modification of guidelines and/or policies is the Client’s responsibility.  Any additional permits or fees required by the venue or local jurisdiction shall be the responsibility of the Client.

 

19.    Completion Schedule.  Completion schedules and delivery of products shall be determined from the date of final approval by the Client.  Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.

 

•    Prints shall take 3 weeks from time of print order to be processed and delivered to the Client.   

•    Canvases shall take 4 weeks from time of canvas order to be processed and delivered to the Client.

•    Albums shall take 4 weeks from date of final design approval by the Client to be received by the Company.   

•    Apps shall take 2 weeks from date of final design approval by the Client to be received by the Company

 

The Client should place orders with sufficient time to allow for normal delays and notify the Company at the time of the order if there are any extenuating circumstances requiring a quicker turn around.  An expedited fee of $150 shall be applied to expedited product requests.  The Company shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

 

20.    Travel and Overage Fees. The Company agrees to travel 30 miles from the Company’s office location. The Client shall pay $0.52 per mile outside of a 30 mile radius.

 

21.    Arbitration.  Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Company’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $300.  In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

22.    Indemnification. The Company shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.

 

23.    Miscellany. This Contract incorporates the entire understanding of the parties.  Any modifications of this Contract must be in writing and signed by both parties.  Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.  This Contract shall be governed by the laws of the State of Texas.

 

24.    Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

 

25.    Construction.  Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.