Entire Agreement: This agreement contains the entire understanding between the Clients and the Photographer. It supersedes all prior and simultaneous agreement between the parties. The only way to add or change this agreement is to do so in written and signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and agreement shall not constitute a waiver of any other portion or provision of this agreement.
Reservation: A 50% retainer fee is required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled, or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY. The CLIENTS shall also be responsible for payment for any of the COMPANY's materials charges incurred up to time of cancellation.
Safety: The COMPANY reserves the right to terminate coverage and leave the location of the EVENT(s) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the EVENT that the safety of the photographer from the COMPANY is in question. The would would still be liable to make full payment.
Cooperation: The Clients and the Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. We recommend that enough space to be located for photographers to setup their equipment and space to shoot/record from, photography company is not liable for poorly framed or angled photos should there be not enough space or should the client prioritizes the sitting arrangement of guests rather then the shooting/recording space for photographers. We also recommend that the Photographer be provided with a helper (usually the best man) who will point out key individuals to be photographed. The Photographer may also require the assistance of the best man in organizing family groups. The Clients also agree to give the Photographer sufficient warning of key events at the wedding to give the Photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at weddings like having their photo taken. In such cases the Photographer will use his discretion but cannot be held responsible for a lack of photos of these people.
The Schedule: Our shooting schedule, style of working and experience are designed to achieve a great set of wedding photos for the Clients, accomplished with good humour and enjoyed by all concerned. Both the Clients and the Photographers therefore agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the wedding does not run on time (for example, extreme lateness by one of the Clients arriving to the church), If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT. Paparazzi Wedding Guests: All your guests will have digital cameras and all your guests will want to photograph the Clients. In the spirit of cheerful cooperation the Clients agree to give the Photographers precedence over the guests in order to take the photographs required for the wedding services described above. We cannot be held liable for a lack of wedding photos if guests taking their own photos of the Clients continually interrupt the Photographer's work, also we take no liability should there be a second set of hired photographers and they cause disruption to our work.
House Rules: Note the Photographers are sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example some ministers insist that no flash photography is allowed, and others will insist that the Photographers shoot from a specific location. In such circumstances the Clients agree to accept the technical limitations that may be imposed on the equipment used. We advise the Clients to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.
Copyright Law: The copyright of photographs remains with the Photographer. The Photographer grants the Clients permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Clients and their friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographer.
Expense Incurred: Applicable when, the Client is responsible for all travel, accommodation, meal and transport cost unless provided by the Client.
Model Release: The Clients grant the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.
Limit of Liability: If a photographer is too ill or becomes injured and cannot supply the wedding services specified, the Photographer will try to book a replacement wedding photographer. Under normal circumstances a second photographer from the Photographer is there for the day anyway and this photographer will then shoot the day on his/her own. If both photographers are unavailable and a replacement photographer cannot be found then liability is limited to a refund of any payments received. The Photographers have working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. In these circumstances liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied. Client also understands and agrees that photographer is not obligated to continue to perform under this Agreement if photographer ’s personal property has been or will be compromised or threatened at The Wedding Event, including, but not limited to, laser lights, rain, etc. Client is to ensure that no LASER lights are being installed and no LASER lights are to be used at the event/wedding. If the event area has laser lights, the photographers will not shoot til the laser lights are removed, should the laser lights are not removed and the photographer does not shoot the event, the client is still liable to make full payment.
Indemnification. CLIENT understands and agrees that PHOTOGRAPHER may have cords, light stands, and other gear at the location. CLIENT will hold PHOTOGRAPHER harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. CLIENT further agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER during the photography session and the immediate surrounding events.
Responsibilities: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obstructive guests, lateness of the CLIENT or guests, weather conditions, schedule complication, incorrect addresses provided to the COMPANY, rendering of decorations, or restriction of the location, or limited space to carry out, frame and angle the shoot. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo/ video coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver image of any individuals or any objects at the EVENT(S).
Permits: The CLIENTS is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
Capture And Delivery: The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY, delivery of final product will take from 7 to 14 days for photos and 30 to 90 days for videos.
Post Production And Editing: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
Payment Schedule: The aforementioned 50% non-refundable retainer fee is due at the time of booking confirmation. The remaining balance payable in full prior to or the day of the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any money already paid, and not attend the EVENT(S).
Booking Fee/Deposit: In the event of the Clients cancelling the wedding/event for whatever reason the booking fee is non-refundable. It will be considered as liquidated damages to the COMPANY.
Agreement
We regard that you understand and agree to all the above by paying the deposit at the time of providing booking confirmation to us.
