This agreement is between YOU, hereinafter referred to as “THE CLIENT”, and Azayda Photography, hereinafter referred to as the “THE PHOTOGRAPHER(S)”.
ENTIRE AGREEMENT: This agreement contains the entire understanding between the PHOTOGRAPHER(S) and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
PRE-WEDDING CONSULTATION: This normally happens at the time of booking. The CLIENT will outline broadly what is required and the PHOTOGRAPHER(S) will advise on planning, logistics and timings were needed. If required the CLIENT are welcome to meet with the PHOTOGRAPHER(S) for an additional chat closer to the time of the wedding (about 2 weeks) to iron out the remaining details. In any case we will contact you by phone a few days before the wedding to ensure that there have been no last minute changes.
COOPERATION: The CLIENT and the PHOTOGRAPHER(S) consent to happily cooperate and communicate with each other to achieve the best possible result within the understanding of this contract. We recommend that the wedding PHOTOGRAPHER(S) be provided with a helper (usually the best man) who will point out key individuals to be photographed. The PHOTOGRAPHER(S) may also require the assistance of the best man in organising family groups. The CLIENT also agree to give the photographer(s) sufficient warning of key events at the wedding to give the PHOTOGRAPHER(S) time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at wedding like having their photo taken. In such cases the wedding photographer(s) will use his discretion but cannot be held responsible for a lack of photos of these people.
The CLIENT will be responsible for designating an Event Guide, if desired (separate document to this will be supplied by The PHOTOGRAPHER). The role of the Event Guide is to identify people/objects of whom/which specific photographs are desired, as well as to make certain that these subjects are available when needed. It is recommended that the CLIENT develop a list of desired poses, locations, and subjects (family and friends; items; etc.) and share this with the PHOTOGRAPHER(S) well before the wedding. The PHOTOGRAPHER(S) will NOT be held accountable for not capturing desired photographs if there is no one to assist in identifying or gathering people/items/locations for the photograph(s). The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. The PHOTOGRAPHER(S) will not be responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to the PHOTOGRAPHER(S) .
RESERVATION: 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 PHOTOGRAPHER(S). The CLIENT shall also be responsible for payment for any of the PHOTOGRAPHER(S)’s materials charges incurred up to time of cancellation.
EVENT SCHEDULE: The client agrees to confirm the schedule one-week 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 PHOTOGRAPHER(S) by the CLIENT.
SAFETY: The PHOTOGRAPHER(S) reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the PHOTOGRAPHER(S) experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the EVENT(S); or in the event that the safety of the PHOTOGRAPHER(S) is in question.Page 4 of 5
SHOOTING TIME / ADDITIONS: The CLIENT and the PHOTOGRAPHER(S) 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.
RESPONSIBILITIES: The PHOTOGRAPHER(S) is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER(S) including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER(S), rendering of decorations, or restrictions of the locations. The PHOTOGRAPHER(S) is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The PHOTOGRAPHER(S) is not held liable for missed coverage of any part of the EVENT(S). The PHOTOGRAPHER(S) will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS: The PHOTOGRAPHER(S) is limited by the rules and guidelines of the location(s) and site management. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the PHOTOGRAPHER(S) will offer technical recommendations only. For example some ministers insist that no flash photography is allowed, and others will insist that the Photographers shoot from a specific location. In such circumstances the CLIENT agree to accept the technical limitations that may be imposed on the equipment used. We advise the CLIENT to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the PHOTOGRAPHER(S) will be performing services.
FILM and COPYRIGHTS: The photographs produced by the PHOTOGRAPHER(S) are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without the PHOTOGRAPHER(S)’s explicitly written permission. The copyright of photographs remains with the photographer. The PHOTOGRAPHER(S) grant the CLIENT permission to make copies of the images under the following conditions. If the CLIENT has purchased an “Image USB” from the PHOTOGRAPHER(S), the PHOTOGRAPHER(S) grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the PHOTOGRAPHER(S). The CLIENT must obtain written permission from the PHOTOGRAPHER(S) prior to publishing or selling the photographs.
MODEL RELEASE: The CLIENT hereby assigns the PHOTOGRAPHER(S) 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. Page 5 of 5
LIMIT OF LIABILITY: In the unlikely event that the assigned PHOTOGRAPHER(S) is unable to perform to the guidelines of this contract due to an injury, illness, act of terrorism, or other cause beyond the control of the PHOTOGRAPHER(S), the PHOTOGRAPHER(S) 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 PHOTOGRAPHER(S)’s control, including but not limited to camera, hard drive, or equipment malfunction, the PHOTOGRAPHER(S) 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 PHOTOGRAPHER(S) is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package.
CAPTURE AND DELIVERY: The PHOTOGRAPHER(S) 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 PHOTOGRAPHER(S).
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 PHOTOGRAPHER(S).
PAYMENT SCHEDULE: Full payment or remaining balance is payable prior to or the day of the EVENT(S). In the event the CLIENT fails to remit payment as specified, the PHOTOGRAPHER(S) shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S).
PRICING: Services and or fees including but not limited to parking stations, permits, taxi/Uber services not included in this initial contract will be payable by the CLIENT at the current price when the order is placed. All prices are subject to change at any time without notice.