TERMS & CONDITIONS DEFINITIONS
“Cancellation" means that the Assignment is canceled by Client and not rescheduled. In the event of cancellation, Client will be responsible for those fees, costs and charges.
“Assignment" refers to the wedding day and any related photography services described above.
”Work" means all photographic images, negatives, digital files, prints, or other materials created by Photographer while performing the Assignment.
”Other Photographers" refers to professional photographers other than those employed by the Photographer, individuals acting in a manner of a professional photographer and/or videographers taking still images.
DELIVERY + PAYMENT
DELIVERY: All work will be made available to client 8-12 weeks after the date of the Assignment. Delivery times vary per Client, per wedding scenario and per season.
ARCHIVE FEE: If the Client does not perform the necessary acts in order to attain the Work within 1 month after the date of the Assignment, the Client shall be charged a $50 archive fee to regain access of unattained work.
BOOKING DEPOSIT: Client shall pay the booking deposit to secure the Photographer
to perform the requested photographic services for Client at the specific date stated
herein. The deposit is non-refundable. The deposit serves as a retainer to secure the date and turn down other business opportunities that the Photographer may partake in.
FULL PAYMENT: Client shall pay Photographer in full the balance, including travel costs and other orders related to the services 1 week prior to the date of the wedding unless agreed upon otherwise. Photographer will send an invoice and reminders of payment.
PAYMENTS PLANS: Payment plans are available to the Client and discussed at time of booking, however should Client fail or refuse to pay when balance is due, Client will be in breached of this contract. Services will not be rendered. No additional orders will be accepted or processed until the balance is paid in full.
LIABILITY + SAFETY
REPLACEMENT PHOTOGRAPHER: In the event that this Assignment cannot be completed due to severe sickness or accident, etc., the Photographer will work in good faith and best efforts to find the best replacement photographer possible for the Assignment. The Photographer shall not be responsible for the services provided by any such replacement photographer and the Photographer shall not be liable for any damage or injury sustained by Client, if any such replacement photographer retained by Client, fails in whole or in part, to perform this Assignment.
ACCIDENTS/DAMAGE TO PROPERTY: If for any reason, the Photographer should encounter a technical or equipment failure and is unable to complete the services, the Photographer is responsible for refunding the total costs of the service unprovided. If the Photographer inflicts damage of any kind to the environment, property or subjects, the Photographer is liable to cover the cost of the damage. Should the Client or relating party inflict any damage to the equipment of the Photographer or team, the Client is responsible for covering the cost of replacing the damaged equipment.
HARASSMENT: If at any point, the Photographer is harassed, either physically or emotionally, by Client, vendors or by guests of the wedding, this contract is breached and services are immediately rendered. This means if the Photographer is receiving poor treatment that enables them or their team to carry out the services, the Photographer is not responsible for any delivery of Work and is thereby allowed to leave the premises immediately. This includes: sexual harassment, inappropriate name-calling, any hateful dialogue, physics confrontation, harmful threats, intentional interruption of services or any behavior directed towards Photographer that is not appropriate or yields the Photographer unable to focus properly on services.
SOCIAL MEDIA: Unless further discussed, Client understands that Photographer has rights to share and use any photos taken for marketing, publications and/or online portfolio. When sharing any photos provided by Photographer online (via Facebook,
Instagram, Twitter, or any other form of social media), Client is responsible for
crediting Photographer. It is vital that the Client understands the importance of crediting when sharing work online.
REQUESTS: Since weddings are very unpredictable by nature, the Photographer does not guarantee any one picture of certain subjects or family members to appear. The Photographer will make every effort to coordinate the wedding timeline and shot lists with the Client to ensure that all parties involved in the picture taking are present when it is time. It is the Client’s responsibility (or their designated coordinator) to make sure that the important people they want to be photographed are at the agreed location and time.
SOLE PHOTOGRAPHER: Photographer shall be the sole professional photographer at
the event. Client acknowledges that the presence of Other Photographers will adversely impact the ability of the Photographer to create the Work and as a result, may fail to meet the standards represented by the Photographer in portfolio. The only additional photographers allowed will be those hired or brought upon by the Photographer as an assistant. If the Client has hired any videographers for the event, it is important that the videographer and photographer are connected at least 1 month prior to event.
CHANGES: The Photographer reserves the right to make an additional charge to Client if the usage and purpose of this Order is other than as indicated herein, such as service hours and/or traveling costs exceeding amount agreed upon
ARTISTIC STYLE: On its’ own behalf, and on behalf of the Client’s guests, the Client acknowledges that it is familiar with the Photographer’s portfolio and is requesting the Photographer’s services with: (a) knowledge of the Photographer’s style; (b) knowledge that the Photographer’s work is constantly evolving; (c) knowledge that the Photographers services are of a unique and artistic nature; (d) knowledge that the photographs may be different from the photographs taken by the Photographer in the past; and (e) knowledge that in creating the photographs, the Photographer shall use his personal artistic judgment to create images consistent with her personal vision of the Event, which vision may be different from any other person’s vision of the Event. Accordingly, the Client acknowledges that the photographs shall not be subject to rejection by any party on the basis of taste or esthetic criteria.
RE-EDITS: The Client is trusting the Photographer’s unique judgment when editing, retouching and finalizing the photos. Photographer is not required to re-edit any photos upon Client’s disapproval. Retouching (editing or manipulating the body, skin or environment in a way that is not an actual portrayal of Client or Event). Any additional editing will require purchase at Photographer’s discretion.
MEALS: Client will provide meals to the Photographer and their team during the time when everyone is eating. This meal may either be provided by the vendors serving the rest of the guest, or food ordered specifically for the Photographer. Photographer requires to eat in the same place as the rest of the guests, with full view of the event. This is
important so that the Photographer does not miss any moments worth capturing that could be missed by being separated from the rest of the guests, The Photographer requests to “cut the line” when meal is being served, in order to eat and return to the to the Assignment promptly. Unless instructed otherwise by the wishes of Clients, if alcohol is provided at the wedding, the Photographer will most likely partake in a glass. The Photographer assures the Client that their job is most important and will always adhere to a responsible and professional manner while working.
REFUNDS: If for any reason, the Client no longer wishes to continue the Agreement between the Client and Photographer, it is the responsibility of the Client to cancel the contract 4 months prior to the wedding date. If the Client cancels services within 4 months of the wedding date, no refund will be given. If the Client cancels outside of 4 months prior to the wedding date, a 20% refund will be given.
RESCHEDULING: If for whatever reason, natural or unnatural, the wedding is rescheduled – the Photographer will not charge a rescheduling fee up to 1 reschedule. After 1 reschedule, any following reschedules will be 20% of the total and serve as a new retainer. If the Client reschedules to a date the Photographer is unavailable for, the Photographer is not responsible for a refund but may work with the Client to schedule a date the Photographer is available for.
COVID-19 RESCHEDULES: Any rescheduling due to illness of any kind will act under the same rules as above. There are no exceptions for Covid-19 related reschedules.
TRAVEL + ACCOMODATIONS
TRAVEL EXPENSES: Client is responsible for assuming the expenses of all travel and accommodations associated with the Assignment for Photographer and their team. Photographer is not responsible for lodging, transportation or meals (discussed prior as relevant to Assignment) while on travel. Both Photographer and Client are responsible for discussing and agreeing upon specifics of these accommodations. Unless discussed otherwise, these expenses are NOT included in the total payment of the Assignment.
SAFETY/QUALITY: Client is responsible for ensuring that the accommodations and travel means provided for Photographer and team are both safe and good quality. This means that both in transportation and in lodging, the Photographer is provided a comfortable, safe and appropriate option. If for any reason, the Photographer feels unsafe or uncomfortable by the accommodation, it is the responsibility of the Client to assume the costs of the alternative, whether handled by the Client or Photographer.