Photography Contract - Cast in Colour
Client Name: Darcy and Sheridan
Photography fee agreed on: $3100
A deposit of $500 is due when this agreement is signed, and the balance $2600 is due 30 days before the wedding date.
WEDDING PACKAGE AND SERVICES INCLUDED FOR THE FEE STATED ABOVE:
The photography coverage begins at the First look location before your ceremony and concludes at 10:00pm
600+ high-resolution edited and ready-to-print images
10+ Sneak Peek images within 48 hours
1. ENTIRE AGREEMENT:
This agreement contains the entire understanding between Cast in Colour and Darcy and Sheridan (client). It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
Upon your signature, Cast in Colour 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 if the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of signing the contract.
In cases where the wedding needs to be rescheduled, the Reservation Deposit can be transferred to a new wedding date within 18 months of the original date booked. In this case Cast in Colour will provide the client with a list of future dates that we have available in our calendar. If we aren’t able to find a mutually agreed upon date together, the Reservation Deposit will be forfeited.
The Reservation Deposit is applied towards the contracted wedding photography package. The client understands and agrees that the entire amount owed for the wedding photography package described in the contract is due 30 days before the wedding date (including if the date is rescheduled).
In the event that the client cancels the contracted services for wedding photography outlined in this contract before the wedding ceremony takes place, the deposit will be forfeit.
4. PRE-EVENT CONSULTATION:
The parties agree to a pre-event consultation (online, via phone or in person) before the wedding date in order to finalise the actual shooting times and locations.
5. EVENT GUIDE:
The client will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which 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 or gathering people for the photograph(s).
6. 45 MINUTE WINDOW:
The bride and/or groom agree to set aside at least a 45 minute time frame after the ceremony for the bridal portrait session and photographs that cannot be obtained during the ceremony or reception. If either the bride’s or groom’s late arrival (or any other reason outside of the photographer’s control) prevents this 45 minute window from occurring, Cast in Colour shall not be held liable for failure to take desired photographs.
The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Cast in Colour is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Cast in Colour. Cast in Colour recommends that the client designate an "event guide" (see PRE-EVENT CONSULTATION above) to point out important individuals to the photographer, whom the client wishes to include in informal or candid photographs.
8. 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 involved. The client and Cast in Colour agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, Cast in Colour will not be held liable for any photographs not taken.
9. HOUSE RULES:
The photographer is limited by the guidelines of the ceremony official or the reception site management. The 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; Cast in Colour will offer technical recommendations only.
10. DIGITAL IMAGES, PRINTS and COPYRIGHTS:
The photographs, digital raw files or prints produced by Cast in Colour are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Cast in Colour permission. Upon final payment by the client, limited copyright ownership of the resulting images will be transferred to the client under the following conditions:
· The photographs are the property of the client for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.
· The client must obtain written permission from, and compensate Cast in Colour prior to an event where the client, the client’s friends or relatives publish or sell the photographs for profit.
11. MODEL RELEASE:
The client hereby assigns and grants Cast in Colour and its legal representatives 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 or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases Cast in Colour and its legal representatives and assigns from all claims and liability relating to said photographs.
12. EXCLUSIVITY / GUEST PHOTOGRAPHY:
It is understood that Cast in Colour will act as the sole and exclusive wedding photographer. The formal photography time is for the exclusive use of Cast in Colour to capture the formal wedding portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted during the portrait session. Guests can take snapshots during the processional and recessional, during candid events at the ceremony. In return for this consideration Cast in Colour insists no other guest photography take place when or where Cast in Colour is working.
13. GUEST COOPERATION:
The client is responsible for the conduct of their guests. The client will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. The client should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the wedding day should be planned to make the best use of time from all vendors.
Cast in Colour will not tolerate verbally or physically abusive behaviour, nor share their time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If the client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages 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 refunds will be granted.
14. COMPLETION SCHEDULE:
Cast in Colour advises that it takes approximately 4 - 6 weeks for the Digital photographs on USB to be returned beginning the first working day after the wedding date. The client is responsible for providing a mailing address and paying additional postage costs should registered or express post be required. If applicable, any prints will take 2 weeks after the client signs off on the photographs to be printed.
THE CLIENT agrees that the deposit is required at the time of contract acceptance and 100% of the remaining balance is due 30 days before the client's wedding date
16. FINAL DELIVERY:
Cast in Colour advises that it takes approximately 4 - 6 weeks for the Digital photographs on USB to be returned beginning the first working day after the wedding date. The client is responsible for providing a mailing address. If applicable, any prints will take a minimum 2 weeks after the client signs off on the photographs to be printed. Final delivery will occur once the completion schedule is complete. The final delivery should be approximately 5 - 7 weeks (including postage time) after the client's wedding date.
17. METHOD OF REMUNERATION:
Payment may be made in cash or deposited into the following bank account:
Account Name: Claire Young
BSB: 062 692
Account Number: 3039 5388
Description: 'your name'
PROOF OF PAYMENT TO BE PROVIDED ON REQUEST
NO CHEQUES ACCEPTED
18. PENALTY FEES & CHARGES:
There is a $200.00 late payment fee for any payments that are not postmarked or delivered Cast in Colour Photography by the required date unless otherwise organised between Cast in Colour and the client.
19. RIGHT OF WITHDRAWAL:
Cast in Colour 's discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should Cast in Colour initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided. In case of withdrawal, $100.00 an hour is charged for all photography services already provided.
20. LIMIT OF LIABILITY:
In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Cast in Colour will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a 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.
Cast in Colour takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of the client’s photographs being lost, stolen or destroyed for reasons within or beyond Cast in Colour, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. 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.
Although every possible care will be taken to produce photographs of all important and special events during the wedding, Cast in Colour cannot place an unconditional guarantee on the above. Cast in Colour will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of Cast in Colour’s control.
The performance of this contract on behalf of Cast in Colour 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.
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.
This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the client and Cast in Colour at the time of acceptance of this contract shall be recognised as amendments to this contract.
I have read and understood the terms above. I hereby agree to the terms of this agreement.
IP Address: 188.8.131.52