WEDDING PHOTOGRAPHY TERMS AND CONDITIONS
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between GEORGIE JAMES PHOTOGRAPHY and the CLIENT and 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.
2. RESERVATION: Upon your signature/checking the box below, GEORGIE JAMES PHOTOGRAPHY will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the BOOKING FEE of $1000 is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, death, sickness, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of signing the contract. 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 4 weeks before the date of the wedding.
3. CANCELLATION: In the event that the CLIENT cancels the contracted services for wedding photography outlined in this contract before the wedding ceremony takes place, the BOOKING FEE will be forfeited. GEORGIE JAMES PHOTOGRAPHY agrees to refund all additional paid money (less expenditures for which receipts will be provided), to the CLIENT.
4. PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation at least 6 - 8 weeks before the wedding date in order to finalise the actual shooting times and locations.
5. VENDOR MEAL: If contracted for 6 hours or more THE CLIENT shall provide a meal for GEORGIE JAMES PHOTOGRAPHY and second shooter if part of package.
6. 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).
7. COOPERATION: Our shooting schedule, style of working and experience are designed to achieve a great set of wedding photos for the CLIENT, accomplished with good humour and enjoyed by all concerned. Both the CLIENT and the PHOTOGRAPHERS therefore agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the wedding does not run on time (for example, extreme lateness by one of the CLIENTS arriving to the church) we cannot guarantee to take our normal set of photos although in such circumstances we will do our absolute best to compensate. The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. GEORGIE JAMES PHOTOGRAPHY 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 GEORGIE JAMES PHOTOGRAPHY. Photographer, Georgie James recommends that the client/s designate an "event guide" to point out important individuals to the photographer, whom the client wishes to include in informal or candid photographs. The CLIENT agrees to disclose all details of the wedding plans and schedule and work with the PHOTOGRAPHER to develop a run sheet of the day completed with recommended timings and all event details. This final document is to be provided to the PHOTOGRAPHER no less than 4 weeks before the wedding date.
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 GEORGIE JAMES PHOTOGRAPHY 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, GEORGIE JAMES PHOTOGRAPHY 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; GEORGIE JAMES PHOTOGRAPHY will offer technical recommendations only.
10. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by GEORGIE JAMES PHOTOGRAPHY are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without GEORGIE JAMES PHOTOGRAPHY’S explicit written permission. Upon final payment by the client/s, limited copyright ownership of the resulting images will be transferred to the client/s under the following conditions:
· The negatives and/or slides 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 GEORGIE JAMES PHOTOGRAPHY 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 GEORGIE JAMES PHOTOGRAPHY 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 GEORGIE JAMES PHOTOGRAPHY and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that GEORGIE JAMES PHOTOGRAPHY may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by GEORGIE JAMES PHOTOGRAPHY.
12. EXCLUSIVITY / GUEST PHOTOGRAPHY/Paparazzi Wedding Guests: All your guests will have digital cameras and all your guests will want to photograph the Client. In the spirit of cheerful cooperation, the Client agrees to give the Photographers precedence over the guests in order to take the photographs required for the wedding services described above. We cannot be held liable for a lack of wedding photos if guests taking their own photos of the Client continually interrupt the Photographer's work.
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. GEORGIE JAMES PHOTOGRAPHY will not tolerate verbally or physically abusive behaviour, nor will it share its 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: No less than 8 weeks After the wedding, GEORGIE JAMES PHOTOGRAPHY will provide the client/s with a USB. This USB will contain selected photographs in a mixture of colour and black and white, (not one of each kind) taken at the event. The client should as soon as possible back up images and/print images as soon as possible to avoid loss or damage. GEORGIE JAMES PHOTOGRAPHY does not take responsibility for lost or damages images once delivered to THE CLIENT
15. PAYMENTS: THE CLIENT agrees that $1000 deposit is required to book the wedding and 100% of the remaining balance is due four weeks before the date of the wedding.
16. FINAL DELIVERY: GEORGIE JAMES PHOTOGRAPHY will deliver the USB and any additional material that may have been ordered and paid for in addition to the original service.
17. PRINTS: GEORGIE JAMES PHOTOGRAPHY does not take responsibility for the print quality of images printed at a one-hour lab or the like. GEORGIE JAMES PHOTOGRAPHY recommends the use of a professional photographic lab.
18. RIGHT OF WITHDRAWAL: GEORGIE JAMES PHOTOGRAPHY 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 GEORGIE JAMES PHOTOGRAPHY initiate the withdrawal, all fees will be returned, excluding booking fee as well as fair market value for all services/products already provided. In case of withdrawal, $250 per hour is charged for all photography services already provided and $50 per hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.
19. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. GEORGIE JAMES PHOTOGRAPHY 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. GEORGIE JAMES PHOTOGRAPHY 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 GEORGIE JAMES PHOTOGRAPHY’S control, 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.
20. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding GEORGIE JAMES PHOTOGRAPHY cannot place an unconditional guarantee on the above. GEORGIE JAMES PHOTOGRAPHY 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 GEORGIE JAMES PHOTOGRAPHY.
21. PERFORMANCE: The performance of this contract on behalf of GEORGIE JAMES PHOTOGRAPHY 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.
22. SEVERABILITY: 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.
23. AMENDMENTS: 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 GEORGIE JAMES PHOTOGRAPHY at the time of acceptance of this contract shall be recognised as amendments to this contract.
24. PROFESSIONAL IMAGE MANIPULATION: GEORGIE JAMES PHOTOGRAPHY will allow for limited professional image manipulation (if technically possible) to images. This includes red eye removal, colour correction, blemish removal. It is understood that if a technicality prevents GEORGIE JAMES PHOTOGRAPHY from performing image manipulation, or if a technicality prevents the final result to meet THE CLIENT’S requirement, THE CLIENT will reside with the fact that GEORGIE JAMES PHOTOGRAPHY has performed to its best ability with regard to the specific task and that GEORGIE JAMES PHOTOGRAPHY has no further responsibility towards said image manipulation.
25. CLIENT RESPONSIBILITY: THE CLIENT is responsible for making contact with GEORGIE JAMES PHOTOGRAPHY 14 days prior to wedding date.
26. TOTAL FINANCIAL LIABILITY: In ANY CASE of mishap where the CLIENT is unhappy with the service, product GEORGIE JAMES PHOTOGRAPHY is liable ONLY for the sum paid for by the CLIENT for the service and/or product.