A signed contract and retainer fee are 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 CLIENT shall also be responsible for payment for any of the COMPANY's materials charges incurred up to time of cancellation.
The client agrees to confirm the schedule two-weeks prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt, must be obtained from the COMPANY by the CLIENT. Failure to inform the COMPANY of new event details two-weeks prior to the EVENT(S) may result in the COMPANY not being able to fulfil the agreement. The deposit payment remains non-refundable in this instance.
The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.
SHOOTING TIME / ADDITIONS:
The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. 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.
The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications and changes without prior warning, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions, which may negatively impact or restrict the photo coverage.
VENUE AND LOCATION LIMITATIONS:
The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.
The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY:
In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. 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(S). In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). 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. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
In the event that the CLIENT cancels the EVENT(S), or the CLIENT changes the schedule of the event without prior agreement with the COMPANY resulting in the COMPANY no longer being available to cover the EVENT(S), the COMPANY reserves the right to cancel any and all agreements and retain any deposit payments made. In the event that the COMPANY is unable to attend the agreed EVENT(S) a replacement photographer will be found or a refund of your deposit payment will be issued should a suitable replacement not be found.
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.
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, upon consultation with the CLIENT.
The aforementioned 50% non-refundable deposit fee is due at the time of booking. The remaining balance is payable in full two weeks prior to 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 and retain or return any monies already paid.