Terms of Service Agreements
- Purpose
This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties.
- Reservation
Upon your signature, the Photographer will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit is non-refundable, even if the date is changed or wedding cancelled for any reason, including acts of God, fire, strike, and extreme weather. The Reservation Deposit is to be paid at time of signing the contract. The Reservation Deposit is applied towards the contracted Wedding Package. Client understands and agrees that the entire amount owed for the Wedding Package described in the contract is due on the day of the Wedding Day, or, on the Outstanding Balance Due date (if specified). Client agrees if the balance is not paid by this time, the Photographer will not photograph the Wedding Day described on the contract, with a loss of Reservation Deposit by Client, and no liability to the Photographer.
- Pre-Event Consultation
The parties agree to a pre-event consultation before the Wedding Day in order to finalize the actual shooting times, locations, and Client’s request list (in writing) for specific photographs. The Client will be responsible for, or have someone designated, to identify people of whom specific photographs are desired. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for group photographs. The Client agrees to set aside at least 30-minutes of time before the ceremony commencement of the wedding
and a 45-minute time frame afterward for photographs that cannot be obtained during the wedding including group shots. If the bride’s or grooms late arrival prevents this 30-minute window from occurring, the Photographer shall not be held liable for failure to take desired photographs.
- Wedding Party Co-operation
Both parties agree to cheerful co-operation and communication for the best possible result within the definition of this assignment. The Photographer is not responsible if key individuals fail to appear, fail to co-operate during photography sessions, or for failure to capture images due to details not revealed to the Photographer. The Photographer recommends the Client designate an ‘event guide’ to point out important individuals for informal or candid photographs to the Photographer (see above) during the Wedding Day.
- Shooting Time / Additions
The photography schedule and selected methodology are designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties. The Client and the Photographer agree that cheerful co- operation and punctuality by all members of the wedding party are therefore essential to that purpose. Shooting commences at the scheduled start time agreed by both parties. Should additional photography and/or travel time, that is not included in the agreed package, be requested by the Client, it will be charged out at the rates specified in the Wedding Package, rounded to the nearest half hour.
- House Rules
The Photographer is limited by the guidelines of ceremony officials or reception site management. Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; the Photographer will offer technical recommendations only.
- Digital Negatives, Prints and Copyrights
The photographs, digital negatives or prints produced by the Photographer are protected by International Copyright Law (all rights reserved) and the Photographer retains the copyright to all photos and images produced. The Client may receive a copy of the digital photographs on a disc, if it has been agreed upon as part of the Wedding Package. If so, the Client may reproduce any images in any manner they like for sharing and enjoyment of friends and relatives. However, the Client must obtain written permission from the Photographer prior to the Client or their friends and relatives publishing or selling the photographs for profit.
- Model Release / Private archive
The Client hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client and Guests, or in which the Client and Guests may be included, for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases the Photographer and his legal representatives and assigns from all claims and liability relating to said photographs.
- Exclusivity / Guest Photography
It is understood that the formal photography time is for the express use of the Photographer to capture the formal wedding portraits. Because of time constraints and the need for subjects to give full attention to the professional Photographer, guest photography cannot be permitted during the formal photography time. If time permits, the Photographer will make opportunities throughout the formal photography for guests to take photos. Otherwise, guests are welcome and encouraged to take photos at any time throughout the wedding and reception.
- Co-operation of Guests and Other Service Providers
The Client is responsible for the conduct of their guests. Co-ordination with other service providers is necessary to complete all the photography as scheduled. The Client should share the photography schedule with other service providers to make sure that there are no conflicts with times. In addition, events during the wedding day should be planned to make the best use of time for all vendors. The Photographer will not tolerate verbally or physically abusive behavior, nor will the Photographer share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct Agreement Terms & Conditions that interferes with photography will seriously affect the quality of the photographs taken and increase the number of photos that must be created. If the Client is unable to control the conduct of their guests or if the conduct of any of their guests damages any of the equipment of the Photographer, it will result in the early or immediate departure of the Photographer. The Client understands that in such an event, no refund will be given.
- Completion Schedule
The Client agrees that no part of the Event Package, including previews (if any) will be delivered until the Outstanding Balance is paid in full. Digital processing takes approximately Two (2) week and prints/reproductions/ enlargements one-two (1-2) weeks, and possibly longer when print-processing and bindery schedules are heavy. A digital proof album will be given to the Client no more than 30 days after the Event, in the form of an Online Photo Gallery, or other medium, assuming the Outstanding Balance and any Additions have been paid.
- Payments
The Client agrees that the Reservation Deposit is required at the time of signing the contract and the Outstanding Balance is due on the Wedding Day, or on the Outstanding Balance Due date in the Wedding Package Summary, if specified. Event cancellation will be charged at 75% of the total contract price.
- Penalty Fees & Charges
There is a $75 charge for payments returned by the bank for any reason.
- Right of Withdrawal
The Photographer’s discovery of new information, changes, or other factors tending to circumvent its policies could result in its withdrawal. Non cooperation; changes of locations, facilities or times available; missed appointments; bad or returned checks, or late payments are examples of contributing factors. Should the Photographer initiate the withdrawal, all fees and deposits will be returned, excepting fair market value for all services/ products already provided. In case of withdrawal,
$95 an hour is billed for all photography services already provided, and $65 an hour is billed for all other services, consultations, and all travel time, rounded up to the nearest half-hour. If the Photographer withdraws — the Client will not be billed for any services in excess of their deposits (except if deposit was in form of returned checks).
- Limit of Liability
In the unlikely event of severe medical, natural, or other emergency it could be necessary to retain a different photographer. The Photographer will make every effort to secure a skilled replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. The Photographer takes the utmost care with respect to exposure, transportation, and processing the photographs
including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond the Photographer’s control, the Photographer’s liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
- Non-Guarantee
Although every possible care will be taken to produce photographs of all important and special moments during the wedding, the Photographer cannot place an unconditional guarantee on the above. The Photographer will not be held responsible for any ruined photographs due to guests’ (or any other) fl ashes; or any other ruined photographs due to any other cause in or outside of the Photographer’s control.
- Performance
The performance of this contract on behalf of the Photographer shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and / or conditions beyond its control.
- Severability
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
- Amendments
This contract has been freely negotiated and shall be recognised as the entirety of the agreement, and only those changes or modifications specifically placed in writing, attached, signed and dated by the Client and the Photographer at the time of this signing shall be recognized as amendments to this contract.
- Reprint Orders
If a disc of the digital photos is not part of the agreed Event Package, reprints (or additional prints) of photos and other products may be ordered by the Client and/or Guests, through the
Photographer, or Online Photo Gallery, if included in the package, at listed prices. 5×7 Reprints @ 3.49 a print (min. 25 photos)
