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Contract Terms & Conditions
Contract Terms and Conditions:
All terms and conditions are hereby agreed upon by all parties, including any amendments. The Clients agree that by electronically providing their name, event date, and either placing a retainer or purchasing a package this contract applies to the event and related series. The Clients are signing this contract and are purchasing a product or service from Jay Grubb Photography in which he or she, and or both will adhere to the terms and conditions outlined in this contract. The Client agrees to the terms and conditions within the contract. The purchaser of any package or product and the client holding the event is over the age of 18 and a legally competent adult.
This contract between “Jay Grubb Photography” (hereafter “Photographer”) and the couple holding the event and getting married(hereafter Clients or Client), governs the assignment of capturing the event on digital media and, with the contract terms and conditions, constitutes the entire agreement between the parties concerning the assignment. Any amendments to this agreement shall be made and agreed in writing. The Photographer does not work for a 3rd party who is paying for the package or Photographer’s expenses in capturing the event or session. Additional products or services purchased and or added by the Clients, invited guest, or a family member shall adhere to the terms and conditions described within this contract. This Agreement may be executed in one or more counterparts, including electronic versions, each of which shall be deemed an original, but all of which taken together constitute one and the same instrument. The term Photographer may refer to a person capturing still or moving images such as a photographer, attendant, assistant, or videographer. The PHOTOGRAPHER shall provide a copy digitally of this contract upon payment or retainer of a package or photo session to the Clients only. The Clients agree to not use the format or any contents in part or whole of this contract for the CLIENTS or for a business’s professional or personal gain.
Photographer is authorized to capture still or moving-photographs(video) at the event or session. Photographs shall be made in digital format. The term photograph may be represented by the term image. Photographer reserves the right to leave the event or location if the Photographer, the photographer’s associates, assistants, or individual determine his/her own safety or equipment to be threatened physically or verbally in which should a situation occur, the Clients shall represent the Photographer on the internet and offline in a positive manner and no refunds whatsoever will be given and will not hold the Photographer liable whatsoever. The Clients understand and agree that photography and videography is art and is subjective to an individual. The Clients understand and agree that art requires a workflow process and deliverables vary in estimated delivery times.
No license is granted whatsoever for proof images if included in a package, as proof images are not suitable for any kind of reproduction or distribution whatsoever including physical or digital copying. Proofs are for viewing purposes only and no screen shots or copying of any kind is permitted at any time. Should this occur, a fee will be assessed in which the Client is liable for. Proofs of Photographer’s selection of images taken at the event are provided in an online gallery that are not publicly visible unless authorized, and which restricts copying, sharing, “screen shots” or downloading of these proof images. The estimated time of proofs to be delivered are subject to unforeseen circumstances such as acts of god, weather, holidays, busy season, or other specialty circumstances. Should a Client or Guest copy the proofs, an additional fee may be accessed in which the photographer assigns the fee amount. Within 30 days, the Clients shall indicate which proofs they have selected by choosing Favorites using the tools available in the online gallery. Final still images shall then be prepared and delivered to Clients with an estimated time of 6-8 weeks after selections have been made but delivery time is not guaranteed. Should the client take longer than the 30 days allotted to choose proofs, as the Photographer must make workflow changes for scheduling may result in extended wait times in which the Client shall not not hold the Photographer liable and will maintain a positive reference verbally, in person, and online including the internet and social media. Longer delivery times may transpire due to Client's delayed response, changes, or requests to selections of favorites, Client inabilities to correspond, unforeseen circumstances, heavy workload, busy season, or technical difficulties. Clients are given 30 days to select proofs to attend to the Photographer’s workflow in which on the 31st day and hereafter the Photographer reserves the right to choose the final images to deliver. The Photographer reserves the right to contact the Client with a reminder either by mail, phone, text, or email. Should the Client need longer than the 30 days allotted for image selection, the Client shall provide written intention by email in which the Photographer will charge a fee to the Client as the Photographer may incur additional charges that include but are not limited to online gallery hosting fees, excessive communication, and or additional labor. The Clients acknowledge that ordering proofs as a physical print is not an acceptable practice or standard and no refunds will be given for receiving an image that states proof or contains an other watermark as the Client understands this is not intended for sale, purchase, download, or print. Should a Client or a Client’s Guest order a proof as a print, the Client shall not hold the Photographer liable whatsoever. Should the Client go past the allotted time to choose proofs, the Photographer does not guarantee a delivery date and a fee will be assessed to keep the ability for the Client to choose selection of images from proofs in the online gallery. Should the Client not wish to pay for the fee, the Photogrpaher receives the right to chose the final images delivered and The Client agrees this is satisfactory. The Client understands and agrees that he or she is aware that extended delays may transpire should the Client go past the allotted time allowed for choosing favorites from a proof gallery. The Client shall not wait for moving images to be delivered in order to make selections of still images to adhere to the Photographer’s workflow. An expedited fee may be requested by the Client to expedite a final image in whole or part in which the Photographer shall determine, bill, and Client pay to receive expedited service. A minimum restoration fee for a photo session online gallery that has expired and been removed is $50 due to the vast amount of effort to locate, export, upload, reorganize, and share with the Client. A minimum restoration fee for a wedding online gallery that has expired and been removed is $250 due to the vast amount of effort to locate, export, upload, reorganize, and share with the Client. The Client is required in making favorite selections during the specified time mentioned above to minimize the Photographer(s) workflow, added communication time, and additional effort.
Both Individuals as Clients are Responsible:
The Clients understand the Photographer does not work for any other vendor, family, member, or guest before, during, or after the event. The Clients understand and agree no additional service or products are included other than what is written with the package, product, or service that was purchased. The Clients understand and agree that no product or service shall be delivered with an unpaid or remaining balance either included with this contract, or additional added services or products at a later date. Should the Client add an additional product(s) and service(s) this contract is applicable. Both Clients understand that both and each individual Client of the event is responsible for any and all unpaid balances in which both Clients are subject to paying before any deliverables shall be made. Both individual Clients are responsible for any unpaid balances regardless of relationship status, situation, or unforeseen circumstance and the Photographer reserves the right to bill and collect monies from either Client.
PERSONAL PRINT RELEASE & LICENSE:
Clients shall be granted a usage license for personal, non-commercial reproduction of final versions of Client-selected images and moving photographs(video) delivered to the Client by the Photographer in accordance with all terms of this Agreement. The Clients shall not sell, license, sublicense, or authorize images still or moving to be sold in any way or for any purpose produced under this Agreement. Making prints, albums, sharing online, etc. shall be permitted for the Clients by 3rd parties if only stated in the purchased package. Images still or moving from the assignment that are distributed via the Internet by the Clients shall be given credit that includes a link to Photographer’s website. Delivered unedited raw video footage included in a purchased package may be edited by the Client or 3rd party but must notify the Photographer and purpose prior and in a manner that does not defame the Photographer, team members, subcontractors, or business nor shall any 3rd party claim ownership, creation, or rights to the raw video footage. Any edited delivered still images or moving photographs(video) such as a highlights film by the Photographer may not be edited whatsoever by the Client without express permission in writing by The Photographer. Family members of the Client do not have permission to print images without express written permission of the Photographer but have permission to order prints directly from the online gallery provided by the Photographer. Clients may print still images on his or her own printer. Guests and Family members may order prints directly from the photographer or through the Photographer’s online tools without permission or approval of the Clients. A non-exclusive usage license for personal, non-commercial reproduction of the final selected images shall be included, subject to all terms of this Agreement to the Clients only. Only Clients shall be permitted to make their own prints, albums, share images via Internet, etc, of any and all final images so long as the images have not been edited differently as delivered unless given written permission. Family members or guests do not have any rights to proofs or delivered images still or moving. The Photographer works for the bride and groom directly and will seek permission if needed or accommodations when requested from a coordinator, planner, assistant, any vendor, guest or family members. The Photographer reserves the right to sell digital or physical prints of images taken at the event of guests, family members, or vendors at the event or through the Photographer’s online gallery, studio, or website.
FEES & EXPENSES:
The fees and expenses bid or estimated by the Photographer are for the original job description only as presented by the Client. Subsequent changes or actual event condition changes may result in additional charges such as, but not limited to a 25% or larger guest count, larger bridal party, or multiple locations added which will increase the Photographer's workload, costs, or time worked before, during or after the event. If the time required to fulfill the assignment should extend beyond the hours included in the purchased package, the photographer’s additional time will be billed at the hourly rate of $350 and billed in one hour increments. Should both a photographer and a videographer team be present, the videography team requires an additional $350 per hour over the scheduled time in addition to the Photographer's fee. Photographer agrees to minimize any and all unexpected expenses. Photographer shall seek approval of additional expenses whenever reasonable and appropriate. Nevertheless, unexpected expenses shall be added on as an addition to the original estimated total, and shall be billed accordingly. No final versions of images will be released to Clients until unpaid balances have been received in full.
PARKING AND TRANSPORTATION:
Due to the nature of service The Photographer must have easy access to his or her vehicle at all times during an event in which the Client shall ensure. The Client is responsible for event or location parking fees and or transportation. Should the Photographer be required to pay for vehicle parking or tolls to access a location for the event, the Client agrees to reimburse the Photographer for all expenses over $40 in which the Photographer will provide a digital or physical receipt so that The Client may reimburse the Photographer within 30 days upon receiving the reimbursement request.
TIMELINE & COORDINATING OF THE EVENT:
A final timeline of the event during the Photographer’s coverage hours must be provided in writing from the client or appointed individual to the photographer prior to the event 14 days before the event. Coordinating service, guests, and other planned events on the day of the event is not the job of or role of the Photographer. Should a coordinator not be present, coordination by the photographer may be provided for an additional fee to be determined by the Photographer but the Client shall not require nor expect the Photographer in providing coordinating service.
All payments are nonrefundable including retainers, partial payments, and remaining balance payments. Client will make payments such that they will be received no later than 45 days prior to the wedding or event date. Once any payment has been made the payment is non refundable for any reason regardless of circumstance. Payments can be made with Cash, Credit Cards, Online or in person. Checks are not accepted. Declined payments or charges are the responsibility of the Clients. Clients must pay in full prior to receipt of final still or moving images or service. A payment plan is defined and understood by the action of the Clients or person acting on the behalf of the Clients placing a retainer and making a final payment of the remaining balance or other partial payment of monies paid to the Photographer. Should a payment plan be in agreement with the client, the client understands and agrees that a $50 charge will be charged for each late payment of the agreed date(s) payments are due and $10 per day thereafter. Late fees will not be refunded for any reason including cancelation or postponement of services. Should the Client not make the final payment by the 20th day before the event, the Client understands and agrees that the Photographer services will be canceled and the retainer along with any payments are non refundable and forfeited. Should service or products be added or extended on the day of the event which results in additional labor, charges, and or fees, no products or services digitally or physically will be provided until after the charge and or fee has been paid. No products or services will be performed until all remaining balances have been paid in full and is non negotiable unless written in agreement by both the Clients and The Photographer.
RETAINER, CHANGES, & CANCELLATION:
The Clients understand and agree a paid retainer fee is non-refundable, regardless of circumstance. There is no refunds of retainers. All payments are nonrefundable if the Client cancels services and or this contract. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, or the fault of a third party. Photographer must be notified of cancellation no less than 60 days before the originally scheduled date of the event. If cancellation occurs within 60 days of the originally scheduled wedding day, Photographer shall be paid in full for the package or services in this contract 45 days before the wedding date. Should the wedding be cancelled prior to 60 days and the only payment made is the initial retainer, the Clients agree that the retainer is nonrefundable. No refunds shall be provided as the Photographer has reserved the specific date of the event. The Clients shall not represent on the internet negative feedback or negative review, verbal or in writing of the Photographer in any way should the event or session be canceled by the Clients regardless of the reason why the Clients canceled services. Any and all expenses incurred by the Photographer for the purpose of completing the Assignment such as but not limited to an engagement session, consultation, correspondence, time worked, research, application fees, rental or purchase of photo equipment, hard drives, usb thumb drives, photo albums, paper, ink, props, etc. shall also be paid by the Client. If this contract, service, or an individual product is cancelled at any time before the event by the Photographer, any amount other than services already performed shall be refunded to the Client, with the exception of any expenses incurred in the production of the assignment and shall not be refunded to the Client. Photographer reserves the right to cancel this contract, product, or service at any time, particularly if the scope of work required completing the assignment changes substantially or an unforeseen circumstance arises. In the event of cancellations by the Clients, the retainer paid is non-refundable. The client agrees to provide cancellation notice in writing by mail or email and releases THE PHOTOGRAPHER from any responsibilities, liabilities and shall provide only positive representation of The Photographer verbally, in writing, and on the internet. Once the Clients have canceled in writing then the Photographer is not obligated to provide any future service or products. Should a Client request a change to the package, the event date, location, or session date the Client understands the Photographer has saved the original date specifically for the CLIENT’S event or session and at the agreed value of this contract and a fee of $500 will be applied. Should the Client wish to change the package, the agreed value of the new package or service must be equal to or greater than the original agreed upon package or service in this contract; a new contract must be created with a new retainer placed by the Client. Additional fees will apply for changes that increase the PHOTOGRAPHER’s work load, travel time, rates, fees, or other unforeseen expenses and the Clients understand and agree in paying any additional fees. Reduced guest count, length of time needed by the Client, will not incur a monetary reduction or refund from the Photogrpaher to the Client.
Should the wedding be postponed to a later date for any reason, Clients understand that Photographer may not be available for the new date and will forfeit 100% of monies paid including retainers, partial payments, and final payments. Should Client postpone the wedding to a date for which the Photographer is not available, the assignment shall be considered cancelled by the Client, and the cancellation agreement above shall apply. Photographer shall be notified of any postponement or likelihood of postponement as soon as possible by email, and the Photogrpaher will make a reasonable effort to be available for the new date. In the event the wedding is postponed, additional expenses may be incurred such as new rates, seasonal rates, travel and time expenses, economic inflation, and other unforeseen expenses. The Photographer is not required to perform services on the new event date. The Clients understand and agree the total remaining balance of the original package and services shall be paid in full 45 days prior to the original wedding date should a postponement of the Photographers services be requested by the Client.
BREAKS & MEALS:
The PHOTOGRAPHER and Team Members will be provided a break at an appropriate time during the event. Should the event be 6 hours or longer a hot meal shall be provided for each PHOTOGRAPHER and Team Member present at the event. The PHOTOGRAPHER and or Team Member must have worked 6 hours or longer with preparing, setting up, or performing services on the wedding day at the location(s) of the event, to receive a hot meal. Should the event be 12 hours or longer, 2 hot meals for each Team Member, shall be provided by the Client.
Neither party shall be liable in damages nor have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including natural disasters, including but not limited to acts of God, Government restrictions (including the denial or cancellation of any permits), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
Neither party shall be liable for any failure or delay in performance under this Agreement to the extent said failures or delays are proximately caused by those causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, vendors, or any other party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of non liability, the party experiencing the difficulty shall give the other prompt notice. The aforementioned delays to the start of Vendor’s performance under this Agreement shall not entitle Clients to any extension of time of the ending period described in Paragraph 1 of this Agreement.
The Photographer's failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, virus outbreaks, power failures, or damage or destruction of its work by others, shall not be deemed a breach of this Agreement and the Client shall represent the Photographer a positive manner verbally and on the Internet.
The Clients understand and agree that photography and videography is art and is subjective to an individual. The Clients understand and agree that art requires a workflow process and they will adhere to the workflow in a timely manner. Packages, services, products, and art deliverables vary in estimated delivery times and the Clients understand and agree that the Photographers other clients may have various delivery dates that intertwine. Deliverables of services, products, or services included are only specifically what a package includes and nothing more than what is purchased. Moving or still images may be delivered between the estimated time of being delivered between the end of the event to 24 weeks due to nature of work process; however longer deliver times may transpire due to extensive requests, the Client’s delayed selection of favorites, Client’s lack of correspondence, unforeseen circumstances, 3rd party shipping delays, Acts of God, Force Majeure, heavy workload, busy season, or technical difficulties. Estimated times are estimates only and no specific date is guaranteed due to the nature of service. Packaging for physical products included unless otherwise stated in a package or amendment shall be shipped in plain packaging. Boutique style packaging may be purchased for an additional fee upon request.
The Client understands photography and videography is art and editing of still or moving images or deliverables of products from photos or video clips may require additional estimated time such as but not limited to photo albums, usb thumb drives, and hard drives. The Photographer is not bound to deliver images still or moving for the preparation or promotion of events or personal Client’s projects created outside of the package or this contract including but not limited to gifts, thank you cards, holidays, or social media posts. Final still images will be delivered in the JPEG file format in accordance with industry standards, and shall be available via Internet for a period of no more than the specified length of time purchased in a package in a publicly-visible online gallery if included in the package or via a usb thumbdrive if included in the package. Online gallery extensions and or longer periods are available upon request but may incur a fee. Raw or original unedited files will not be provided unless specified in the package and are available at an additional cost to be determined by the photographer however the photographer is not required nor expected to sell the raw files to the Clients. Using a RAW image or Raw video file requires additional editing in which the Client understands.
Physical prints shall not be provided under this Agreement unless stated in the package purchased. A DVD or USB thumb drive shall be provided if included in the purchased package only. Raw video footage often requires a physical storage device to be purchased by The Photographer in advance to the event and The Client understands raw video footage deliver dates may take additional time than digital photographs for delivery. A Print Credit and Gift Card provided by the Photographer are considered complimentary and are non refundable amounts. Print Credits and Gift Cards have expiration dates in which the Client understands and agrees to use by the expiration date. Should the Clients not use in full or in part the Print Credit or Gift Card balance by the expiration date the Clients forfeit its value. A reactivation fee of $25.00 may be incurred to restore a Print Credit or Gift Card's that has passed it's expiration date. An online gallery reactivation fee is $25.00. Web-ready, watermarked versions of the final images, appropriate for social networking websites (such as Facebook) may be provided upon request but are not guaranteed with digital jpeg images.
The Clients agree that Photographer is hired for creative interpretation, and may deliver artistic images including ones that have areas of selective focus, or in black-and-white, with creative framing or cropping, or with other effects. While allowing for artistic interpretation, an image shall be considered “usable” if it generally meets the following criteria: 1) The primary subject of the intent of the photographers subject is in focus to the degree it is recognizable with out zooming in digitally larger than the intended resolution, 2) The exposure of the photograph is such that there is a range of believable tones from dark to light, 3) The color of skin tones is believable to a reasonable person. Retouched photos are lightly retouched and retouched photos shall include at the Photographer’s discretion straightening cropping, color adjustments, or other creative techniques to be determined by the photographer. Body Manipulation or Warping type editing is not included in retouched photos and an additional fee per photo will be charged to The Clients for specific requests and the Photographer reserves the right to refuse requests.
Online Galleries & Prints are provided through a 3rd party company and are subject to technology updates, software updates, and potential errors outside of the control of the Photographer. In such a circumstance occurs, the Clients shall not hold the Photographer liable in any way. Clients are advised to contact the 3rd party directly should an error occur. The Client understand and agrees when ordering prints or physical impressions from digital images, to properly choose the correct size of prints, canvas, or other materials for the subject matter contained within the image; it is not the photographers responsibility to know the intended purpose of any specific digital image for printing purpose. The Client shall use appropriate cropping and aligning of an images subject matter when ordering physical variations on mediums such as prints, canvas, or other materials,
Frequently the Photographer may place advertisements, posts, images, and or other information on social media which is at the sole discretion of the Photographer which also may use scheduling tools to place media online which may not be representative of a current day or specific moment in time. The Photographer does not guarantee placement of still or moving images on social media of the Clients event or any specific image. The Clients shall always post images still or moving of the Photographer in a positive manner.
POLICIES and EXPECTATIONS:
The Clients understand photography and videography is an art and subjective. The Clients shall set realistic expectations in real time based on the amount of work a package purchased may require. The Client understand and agree the date of the event or session may factor longer delivery times such as holidays. The Clients will allot ample time for the Photographer to perform duties hired for as described in the contract for delivery with out harassment or daily inquires by phone, text, or email so that the Photogrpaher may work effectively and efficiently. The Clients understand live events such as weddings have multiple moving parts, factors, and considerations in which the Photographer is not in charge of. The Clients shall ensure a safe environment for the Photographer at the event. The Client shall respect the Photographer’s personal time out side of their event in a positive manner including personal and business media posts. The Clients understand the Photographer’s preferred communication is through phone and email due to the large methods of communication tools available. Texting and or an online messenger service is not recommended and inquiries may go unanswered. The Client is highly encouraged to schedule an appointment or consultation for questions longer than 5 minutes. The Client understands and agrees the Photographer has many clients which the Photographer interacts with and may not be available immediately to respond to or schedule due to the nature of service and business. The Client shall contact the Photographer via phone during the business hours of 9 am and 5 pm Monday through Friday, unless other arrangements have been made prior hand. The Client understands The Photographer is at other events daily particularly Friday through Sunday and is unavailable to respond. The Photographer frequently works in an environment away from email and phone communication to concentrate on shooting media, digital services, tasks, editing, and other aspects which require uninterrupted and undivided attention. The Client understand the Photographer travels frequently and is unable to respond for safety purposes. The Client understands how to check junk and or spam folders in email accounts. The Photographer is not responsible for technical knowledge or abilities of the Clients’ specific computer, mobile device, and or electronic device. The Photographer reserves the right to refrain from using The Client and or a Guest(s) camera(s) or device(s). The Client shall not request The Photographer to capture or participate in an illegal activity. The Client shall not request the Photographer to perform services that are illegal of any nature nor that put the Photographer, the Photographer's team or the Photographer's family in danger. The Photographer is not responsible for intoxicated guests, clients, or resulting images still or moving affected due to the consumption of alcohol or drugs by clients or guests. The Photographer is not required to post an image still or moving on social media or online on behalf of the Client. The Client shall contact the Photographer should the Client desire social media posts. Should The Client not adequately have backed up delivered media still or moving and requests The Photographer to provide a copy of media at a later date than the package includes, the minimum fee is $250 to account for the Photographer’s additional time and effort to search, recover, and deliver media; however, the Photographer is not obligated to do so. The Client is aware and has been notified that the term “busy wedding season” to The Photographer refers to the “busy wedding season” is all year in the state of Florida and Georgia due to the tropical climate and high volume of events and or sessions. Deliverables of services, products, or services included are only specifically what a package includes and nothing more than what is purchased. The Photographer frequently works in bulk of sessions, events, editing, and delivery to maintain a workflow balance of sessions, event coverage, and editing. The Photographer is not responsible for poor lighting conditions provided by The Client, nature, venue, DJ, mother nature, or other factors and The Client is hereby notified in writing to seek proper lighting of an event or location. The Photographer may provide lighting tools he or she may regularly use. The Client shall notify the Photographer by email of an address change, for physical products to be shipped/delivered. Should the Client not have provided the Photogrpaher an updated address and the Photographer has shipped the deliverables to the older address, the Clients may be required to pay for additional shipping, and or media storage devices. Additional fees may be assessed should the client not pick up the shipped/delivered products timely from a delivery carrier causing the Photographer to redeliver or ship products. The Photographer is not responsible for lost products from shipping carriers. The Photographer is not responsible for education of family members and or guests on technologies used. The Photographer may provide complimentary tools or sources for education purposes only but is not guaranteed by this contract. The Client shall always represent the Photographer in a positive manner both in person, online, offline, before and after the event. The Client shall have a clean uncluttered area to work in, at, or around especially in getting ready locations. The Photographer is not responsible for cleaning a preparation room, hotel room, accommodation, or work area by another company, vendor or individual. The Client or The Client’s guests shall have the Client’s attire prepared for capturing as well as any other desired items prior to the Photographers arrival.
All work produced under this contract is copyrighted by Photographer, and all rights are reserved to the Photographer except those specifically granted herein. No “work for hire” contract is agreed or implied. Grant of any reproduction rights to any images produced and delivered to the Client is conditioned upon receipt of payment in full, and subject to all terms and conditions of this Agreement. All rights not expressly granted to the Clients shall be reserved by Photographer. Under no circumstances shall Clients present, or permit any third party to present Photographer’s work as being that of anyone other than Photographer. The Clients also understand that the Photographer is the primary photographer and or video service provider and will encourage guests to refrain use of professional camera equipment such as DSLRs unless otherwise specified in another agreement or amendment to ensure the increase in opportunity to capture a specific moment or view. There may be times that no other use of cameras are permitted for the photographer for setting up photographic shots from the Photographer’s experience, creativity and originality. Use of guests’ smart phones, point and shoot cameras, flash equipment, or similar are permitted so long as it does not hinder the Photographer’s ability to capture moments, angles, backgrounds, or subjects for optimum customer satisfaction. Example: a wide angle view attempted by the photographer of a ceremony taken from the back of a venue or church in which guests have digital devices in the air or aisle hinders creativity, viewing, and social etiquette. The Client is aware and understands that couple's formals and large traditional group photo’s require the subject's attention and a guest’s camera can keep the subject(s) distracted preventing a Photographer the ability to capture the intended photo. The photographs and video produced by THE PHOTOGRAPHER are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without THE PHOTOGRAPHER’s explicitly written permission. Guests at the event do not have have the option to print photographs by the PHOTOGRAPHER unless explicitly written by the Photographer. Guests are encouraged to order prints directly from the PHOTOGRAPHER, The PHOTOGRAPHER’s website or The CLIENT’S online gallery. The Photographer has permission to sell physical or digital images to guests but is not required to do so.
Clients hereby indemnify and hold Photographer harmless against any and all liabilities, claims, and expenses, including attorney’s fees, arising from Clients’ use of Photographer’s Work.
There are situations when a problem may arise, due to the sometimes unpredictable nature of assignment photography and the Clients understand. Photographer shall take reasonable steps to complete Assignment satisfactorily and in keeping with this Agreement. In no circumstance shall Photographer be liable for any dollar amount that is greater than the sum of that which has been received by Photographer. Clients shall be responsible for obtaining any necessary permits or permissions for the event, photo session, aerial drone use, and or paying any associated fees, in which the Clients understand the Photographer will not be held liable for any losses of coverage or time occurring because of missing permits or permissions. Every reasonable effort will be made to photograph aspects of the event, however Photographer will not be responsible for the lack of coverage or lost photo opportunities due to the need for more than one photographer or videographer, weather conditions, schedule complications due to lateness of individuals or groups, or rules and restrictions of the event locations. Photographer is not responsible for moments lost from moving to indoor or outdoor environments from another indoor outdoor environment that have different temperatures in which causes fogging or condensation on the Photographer’s equipment. Clients are aware and understand that moving to indoor or outdoor environment to another indoor or outdoor environment may have different temperatures in which causes fogging or condensation and should plan accordingly. Photographer retains the right to discretion on all proofs and final images still or moving delivered. Clients are encouraged to appoint a 3rd party such as a guest or event coordinator to gather together groups of individuals for group portraits. Rehearsals and Consultations are highly encouraged for better final production and presentation quality. Photographer will make every reasonable effort to meet Clients’ wishes regarding desired images, but shall not be held responsible for failing to photograph still or moving images any particular individual, combination of individuals, group, or moment in time. Photographer does not guarantee to deliver any particular image. Photographer may choose to bring an assistant, production team for equipment assistance, additional coverage, or similar related assistance at the event. Damages or theft to the photographer’s equipment while on assignment are to be replaced by equal monetary compensation by the client prior to the receipt of the final images or service products. The Photographer may make changes to an online gallery, pricing for future clients, website, features, and or service provider without prior consent or notification to the Client.
AERIAL PHOTO & VIDEO (DRONE):
Aerial still photographs or moving images(video) are subject to local and federal laws as well as unforeseen circumstances, weather, location restrictions, and obstacles. Should the Photographer be unable to perform or capture aerial or moving pictures for any reason, the Client will not hold the Photographer accountable or liable and will maintain a positive rating with the Photographer should one of these rules or circumstances apply. The Photographer shall at his discretion offer a reschedule, credit, or refund. The Client shall not ask the The Photographer to perform or fly in an unsafe manner or location.
Revisions of any product digitally or physically are not included in this contract or agreement however may be included in writing on a package. The Clients understand and agree should the clients request a revision to either or both a still image or moving images(video) for editing a fee may be administered by The Photographer to accommodate the additional work, time, and expenses included to accomplish the revision(s) in which the fee must be paid in full prior to delivery.
DATA AND/OR IMAGE PERMANENCE:
Images still or moving delivered to Clients shall meet industry standards for data and/or image permanence and health. Clients are advised to immediately make backup copies of digital files on archived media, verify those copies, and store them securely in three different locations physically. The Photographer is not responsible for digital or physical media in long term storage. Clients are further advised to replace those backup copies repeatedly, updating them to whatever is the current standard. The Clients are also recommended to make a 3rd backup and place at another suitable location in case of any unforeseen circumstance. Photographer shall not be liable for keeping archive copies of images, or for degradation of data over time. Images in the form of prints, albums, books, or other physical products are also subject to degradation over time and should be stored, displayed, and maintained by Clients with care. Nevertheless, degradation over time is always a possibility, and Photographer does not guarantee the permanence of any product. Should The Client not back up the media and requests The Photographer to provide a copy at a later date, than the package includes, a minimum fee of $250 to account for the Photographers additional time and effort to search and recover media.
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 at a session or event in which may also include Client's family, and or guests for editorial, trade, advertising 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 its legal representatives and assigns from all claims and liability relating to said photographs. On behalf of all attendees of the event, Clients hereby grant the following rights and permissions to Photographer, his legal representatives and assigns, those for whom Photographer is acting, and those acting with his authority and permission. Photographer has the absolute right and permission to take, use, reuse, publish, and republish photographic portraits or pictures of those photographed, including any minors, or in which any minor may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with the adult’s or minor’s own or a fictitious name, or reproductions of such photographs in color or otherwise, made through any medium at Photographer’s studios, website, or elsewhere, and in any and all media now or hereafter known, including the Internet, for art, advertising, trade, or any other purpose whatsoever. Clients also consent to the use of any published matter in conjunction with such photographs. Clients specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. Clients waive any rights they may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such photographs or the uses to which it may be applied. Clients understand that the images of those photographed, including any minors, may be used in print or on the Internet. Clients nevertheless consent to this use. Clients release, discharge, and agree to hold harmless and defend Photographer, the legal representatives or assigns, and all persons acting under the Photographer’s permission or authority or those for whom the person is acting, from any liability by virtue of any reason in connection with the making and use of such photographs, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy. Clients hereby warrant that they are legal and competent adults and have legal authority to make such an agreement on behalf of any minor present at the event, photo session, and or wedding. Clients state further that they have read the included authorization, release, and agreement, prior to its execution, and that they are fully familiar with the contents of it. This release shall be binding upon the Clients, and Client’s respective heirs, legal representatives, and assigns. Clients also agree that and understand no other professional camera equipment for still images or moving are to be used to ensure proper coverage and access to the event unless otherwise discussed or stated in an amendment. The Client gives permission to be contacted via phone, text, and or email.
Clients will arrange for an appropriate space for the Photo Booth at a location event’s venue. Client is responsible for providing power for the Photo Booth. The circuit must be free of all other connected loads. Any delay in the performance or damage to the photo booth equipment due to improper planning and or power is the responsibility of the Client. The Client shall provide crowd control if warranted and furnish PHOTOGRAPHER with directions to the event. Client shall provide PHOTOGRAPHER with safe and appropriate working conditions and a solid level surface or floor. The CLIENTS acknowledge that they shall be responsible for any damage or loss to the PHOTOGRAPHER’s equipment and any items used for performing a Photo Booth operation with the following reasons a) Any misuse of the Provider’s Equipment by Client or its guests ( invited or uninvited) or b) Any theft or disaster (including but not limited to fire, flood or earthquake). Client acknowledges PHOTOGRAPHER shall have the right to decline service to client’s guest ( invited or uninvited), for misuse, inappropriate photos or inappropriate behavior. Should damages occur no final deliverables will be be performed until 100% of the fees assessed for repairs or replacement of items has transpired in addition to any lost monies due to the damage.
USE OF EQUIPMENT:
Should the CLIENT request use of the Photographer’s equipment or has rented an item for use, the CLIENT takes 100% financial liability of the items used and actions thereof used with. Should an item be lost or stolen the CLIENT is responsible for reimbursement of the items and any lost monies by the PHOTOGRAPHER from the absence of use of the item.
The Photographer is limited by the guidelines of the venue, location owner, ceremony official, FAA, or reception site management. The CLIENTS agree to accept the technical results of their presented event, timeline, restraints and imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the CLIENT’S responsibility; THE PHOTOGRAPHER will offer technical recommendations only.
Client grants THE PHOTOGRAPHER permission to display images as an example of THE PHOTOGRAPHER’s work, marketing, and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
LIMIT OF LIABILITY:
In the unlikely event that the Photographer is injured or becomes too ill to cover the event, THE PHOTOGRAPHER will make every effort to secure a 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 package purchased except for any services performed, products delivered, or time used for preparation of the event. THE PHOTOGRAPHER takes the utmost care with respect to exposure, transportation, and processing the photographs and moving images, however, in the unlikely event that photographs or moving images in a whole collection 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 payments received for the event minus any expenses that may have incurred such as performed photo sessions, equipment rental or expenses used, paid fees of any sort, or other duties performed for the event. The limit of liability is the value in this contract. The CLIENT further grants the PHOTOGRAPHER release from any financial liability exceeding those monies paid based on style or creative interpretation.