Terms and Conditions

 

 

1.  You are hiring Photographer to photograph your event, edit the photographs, and provide you with

copies.

1.1.

Client retains Photographer to photograph event. This agreement (or “contract”) contains the entire

understanding between Photographer and Client. It supersedes all prior and simultaneous agreements

between the parties and may only be change with a written addendum, signed by both parties. The laws of

the Province of British Columbia shall govern this contract and clients agree that any legal action between

the parties shall take place within British Columbia, Canada. Client assumes responsibility for all

collection costs and legal fees incurred by Photographer if such become necessary. In the event that any

part of this contract is found to be invalid or unenforceable, the remainder of this contract remains valid

and enforceable. Failure by one or both parties to enforce a provision in this contract does not constitute a

waiver of any other portion of this contract.

2.  The parties agree that the best possible result is created through cooperation and communication.

2.1. Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Photographer.

2.2.Client understands that, while the Photographer makes all best efforts, no particular photograph of any single moment or individual is guaranteed and that not all guests of the event will be photographed.

2.3.The parties understand and agree that Photographer will accept photography direction from the Client (or

Client’s Designee) only. Photographer is unable to take direction from anyone other than the Client/

Designee to ensure smooth, conflict free, performance of the duties under this agreement.

2.4.Photographer will not be responsible for any photographs ruined by guests’ (or any other) flashes or any

other ruined photographs to do any other causes in or outside of Photographer’s control.

3. Parties agree to at least one pre-event consultation.

3.1. The parties agree to a pre-event consultation before the event to finalize any details (shooting time,

location changes, etc.) This consultation may be done in person, if possible, by telephone, or by other

means agreed upon by the parties. Although Photographer will try to accommodate any special requests,

Client understands that photographer offers no guarantee that any specific photograph will be taken.

Client understands that Client is responsible for designating an individual to identify, for Photographer,

those people of which Client wants specific photographs.

4.Client understands that Photographer must follow event location & officiant rules

4.1. Photographer is limited by the rules of the event locations associated with the event and their management.

Client agrees to accept the technical results of their imposition on Photographer. Photographer is not

responsible for any fees associated with event location site permits, admittance fees, or any other fees

associated with the event locations required for Photographer to perform pursuant to this contract.

4.2.Photographer may be limited by the officiant. Client agrees to inform Photographer of all limitations

imposed by the officiant. In the event that Client is unaware of officiant’s restrictions, Client understands

that Photographer will abide by any limits the officiant has regarding time and place for photography.

5. Parties agree upon a set amount of time that Photographer will photograph Event.

5.1. The Photography Time is the minimum time Photographer will spend photographing. This Photography

Time is continuous and commences at the Event Start Time stated in this agreement regardless of actual

start time of the event. If the event ends early for any reason or if Photographer is asked by the Client/

Designee to stop before the Photography Time is completed, a refund will not be due to the Client.

Photographer will provide additional photography time at the request of the Client at the Extra

Photography Time Rate in no less than half hour increments.

6 Parties are agreeing that the deposit/reservation fee is earned upon being paid in accordance with the

following liquidated damages clause.

6.1. The parties agree that quantifying the losses arising from Client’s cancellation is inherently difficult

insofar as cancellation may impair Photographer’s ability to obtain a replacement client, may impact the

photographer’s reputation, and may result in Photographer suffering monetary losses as a result of travel

expenses, materials purchases, etc. The parties further stipulate that the agreed upon sum (referred to

interchangeably as a “deposit,” “booking fee,” and/or “reservation fee”) is not a penalty, but rather a

reasonable measure of damages based on the parties’ experience in the photography industry and given the

nature of losses that may result from Client’s cancellation.

6.2. The deposit is non-refundable, even in the event the date is changed or cancelled for any reason, including

acts of God, fire, strike and extreme weather.

6.3. The deposit is due and payable as follows:

6.3.1. The reservation fee of $250 of the total cost is due upon execution of this contract. This contract is

not considered valid until this initial deposit is paid. Photographer WILL NOT reserve any dates,

confirm contract, or make any other preparations for client’s event UNTIL this fee is paid.

6.3.2. The remaining amount is to be paid by fourteen days of the date due, otherwise Photographer may

deem the contract void, Client understands that all funds paid will be considered earned, and the

parties have no further obligations to one another.

6.3.3. If this contract is signed within

90 days of the event, Client agrees that $250 must be paid upon

execution of this contract and that this contract is not valid until this initial deposit is paid.

Photographer

WILL NOT reserve any dates or make any other preparations for Client’s event

UNTIL this deposit is paid.

 

7. What happens if this contract is cancelled.

7.1. At the Client’s discretion.

7.1.1.Client understands that pursuant to this contract, Photographer may forgo opportunities to book other

business on the date of the event. Client understands that in exchange for this consideration, Client

agrees to the following:

7.1.1.1. In the event that Client reschedules the event and Photographer is available for the rescheduled

date, Photographer may amend the Event Date in this contract and Client will receive credit for

all funds paid. In the event that the Client reschedules the Event and Photographer is NOT

able to rebook the original Event, Photographer will NOT amend the Event Date in this

contract and Client will forfeit the Deposit but receive a refund for all other funds paid. The

Photographer reserves the right to charge additional fees to cover added expenses incurred due

to the date change.

7.1.1.2. In the event that the Client cancels the Event outright, Client will forfeit the Deposit but

receive a refund for all other funds paid. Cancellation must be in writing; a phone call alone is

insufficient.

7.2.At Photographer’s discretion.

7.2.1. In the unlikely event that Photographer is unable to provide the services described in this contract for

any reason including, but not limited to, illness, injury, emergency, or act of God, sudden event or

other circumstances beyond the control of Photographer, a substitute photographer may be sent

without additional cost. This contract will be transferable to said photographer. If the Client declines

the substitute photographer, the Client may instead terminate this Agreement, and receive a full

refund of all money paid.

7.3.Return of monies paid.

7.3.1.In the event that any refunds are due under the terms of this Agreement, Photographer will issue

refunds to the person/entity who paid.

8.Photographer’s travel expenses defined.

8.1.The Travel Expense Fee represents the entirety of the reimbursement to cover travel time, travel expenses,

and related expenses incurred by Photographer associated with travel to the event location necessary to

fulfill the obligations under this agreement. This applies to any location 100k + of Vernon, BC.

9 Final Payment

9.1.The final payment is due 20 days prior to the event.

9.2.Photographer will only begin editing photographs after all payments have cleared.

9.3.No photographs, albums, prints or other materials will be released to Client until all payments have

cleared.

10 How to pay and what fees may be added.

10.1. Payment may be made by

10.1.1.Cash;

10.1.2.Interact Money Transfer;

10.1.3.PayPal; or

10.1.4.Credit Card

10.2. There is a $35.00 charge for payments returned by the bank for any reason.

10.3. If the Photographer agrees to accept a payment after the due date, an additional fee of 5% may be charged.

11 Parties agree that the Photographer will receive meals and breaks.

11.1.Photographer works diligently to photograph the event and may need to make reasonable use of the

restroom or break for water and a meal. If Photographer will be photographing for six hours or more,

Client agrees to provide a meal for Photographer.

12.Photographer is only person to be paid to photograph and guest photographs may have consequen

12.1.Unless otherwise agreed, Parties understand that Photographer will be the sole person hired to photograph

event. Photographer reserves the right to bring one assistant at Photographer’s discretion.

12.2. Paparazzi guests may ruin photos. Photographer requests that Client’s guests take photos during the event

only if they do not interfere with the Photographer. If a problem arises, the On-Site Event Contact will be

advised to handle the situation for the Photographer.

13 Digital Images, Prints and Copyrights

13.1.The photographs, digital negatives or prints produced by Photographer are protected by Canada Copyright

Laws (R.S.C., 1985, c. C-42) and all rights are reserved other than as prescribed elsewhere in this

agreement. High resolution digital photographs are intended for personal use and printing of Client and

Family. Client must obtain permission from Photographer prior to the releasing, publishing, or selling the

photographs for commercial or press/media purposes. Digital editing and processing may take up to eight

weeks after the Wedding Date for completion and posting to the online proofing gallery. The digital

images will be delivered within one week of the Client’s final approval of the digital photographs in the

online gallery.

14.How many, when, and what to expect of final photographs.

14.1. Photographer will edit and deliver a minimum of 40 edited photographs per hour of Photography Time.

Photographer will not provide any unedited or “RAW” files. Photographer may choose not to deliver all

photographs taken during the Photography Time. Photographer will make every reasonable effort to

correct exposure, colour, tone, contrast, sharpness, and cropping of all delivered photographs to the liking

of Client. Photographer will not selectively edit portions, remove or add people or objects, or otherwise

“Photoshop” individual photographs.

14.2.Digital processing takes approximately 14 days and prints/reproductions/enlargements take 4-5 weeks, and

possibly longer. A digital proof album will be given to Client no more than 28 days after the event,

assuming the outstanding balance has been paid.

15 Album

15.1.If an album credit is included in the package, the album credit includes professional layout and design by

Photographer actual physical album, and final delivery of album. Client is entitled to one album

consultation and has the opportunity to select the photos for the album, view a draft, request two major

layout/design changes, and has final approval of album. Album credit applies to rates in album catalog

provided to Client.

16. Ordering seconds.

16.1. The Photographer maintains Client photos for a minimum of 365 days after the Event Date.

16.1.1.Until that time, Client may order digital photos, physical prints and/or albums.

16.1.2.After that time, Client understands that the Photographer has no obligation to provide any copies of

any photos from the Event.

17. Model Release

17.1. The Client hereby grants to the Photographer and Photographer’s legal representatives and assigns, the

irrevocable and unrestricted right to use and publish photographs of the event and Clients, provided the

photographs are not obscene or inflammatory, for editorial, trade, advertising, stock, commercial,

competitive and any other purpose and in any manner and medium; to alter the same without restriction

and without further notice to Clients, and to copyright the same. The Client hereby releases the

Photographer and Photographer’s legal representatives and assigns from all claims and liability relating to

said photographs

18. Limit of Liability

18.1.Photographer takes the utmost care with respect to exposure, transportation, and processing

photographs including using professional grade equipment and professional grade backup

equipment. However, in the unlikely event those photographs have been lost, stolen, damaged, or

destroyed, Photographer's liability is limited to the return of all payments received. The limit of

liability for a partial loss of originals shall be a prorated amount of the photographs lost based on

the percentage of total number of photographs agreed upon in this contract. The limit of liability

shall not exceed the contract price stated herein.

The parties have read all pages of this agreement agree to all of its terms and acknowledge receipt of a complete

copy of the agreement signed by both parties. Each and every person signing as Client below shall be fully

responsible for ensuring that full payment is made pursuant to the terms of this agreement.

This contract is deemed fully in effect once the deposit has been paid