The Wedding Contract
WEDDING PHOTOGRAPHY BOOKING FORM & CONTRACT
Bride’s Name: ________________________________________________________________________
Phone: ____________________________________ Mob: _______________________
Bride’s Dress-up Time& Location –Include postcode__________________________________________________________
Wedding Ceremony Time & Location – Include postcode__________________________________________________________
Wedding Official and Contact Number: __________________________________________________________________
Wedding Reception Time & Location: - Include postcode__________________________________________________________
Wedding Reception Manager and Contact Number: __________________________________________________________________
Wedding theme: please specify colour scheme / traditional / formal / informal / casual etc.
Wedding Attire: describe bride, groom and wedding party attire __________________________________________________________________
Number of Guests: ________________
Other Photography Sessions agreed on: ________________________________________________________________________________________________________________________________________________________________________________________________________________________
Photography Fee agreed: Au$ 3,000 (Less Au$1,550 already)
A non-refundable Booking Fee of 10% Au$ _(waived)_is now due.
50% of TOTAL Fee is payable on the date of Signing this Contract. Payment on the remaining 50% balance shall be made on or before 8 weeks prior to the wedding day.
Additional Expenses: Where applicable THE CLIENT is responsible for all travel, accommodation, meal and transport costs. Unless special arrangements have already been made by THE CLIENT.
WEDDING PACKAGE AND SERVICES INCLUDED FOR THE FEE STATED
1.TERMS IN USE
CLIENTS=refers to both the groom and the bride
Simplicity & Perfection=refers to the service provider, represented by Warlito “Alét” Mayol(owner/lead photographer).
CONTRACT=the set of agreements between Simplicity & Perfection and the Client
2.ENTIRETY AGREEMENT: This agreement contains the entire understanding between SIMPLICITY & PERFECTION and THE 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 that all the relevant parties sign the document.
3.RESERVATION: Upon your signature, SIMPLICITY & PERFECTION will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation/Booking fee of 10% is non-refundable, (waived for this service, as special offer/gift)whether the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Booking Fee is to be paid at time of signing the contract(N/A).
4.SELECTING IMAGES. Approximately, 4 to 8 weeks after the wedding, SIMPLICITY & PERFECTION will provide THE CLIENT with a watermarked low resolution Sample Images in Customised USB Flash Drive. This USB Flash Drive contains all photographs (including colour and black and white) taken at the event. All photographs will have a watermark embedded, prohibiting unauthorised use. THE CLIENT should as soon as possible provide SIMPLICITY & PERFECTION with a list of desired images to be printed, enlarged and/or digitally manipulated (corresponding to the amount of prints agreed upon in this contract or inclusion of the chosen wedding package). The list should specify which images should be in colour or black and white. Printing of photographs cannot commence prior to SIMPLICITY & PERFECTION’s receipt of this list. THE CLIENT agrees, that if the balance is not paid on initial production of the proofs, SIMPLICITY & PERFECTION will NOT make a final delivery of selected prints, incurring no liability to SIMPLICITY&PERFECTION.
5.CANCELLATION: In the event that THE CLIENT cancels the contracted services for wedding photography outlined in this contract 8-weeks before the wedding ceremony takes place, the booking fee will be forfeited/partial payment becomes non-refundable. SIMPLICITY & PERFECTION agrees to refund all additional paid money (less expenditures for which receipts will be provided), to THE CLIENT, provided that the cancellation is made 8 weeks earlier to the booked wedding date. Otherwise, all payments made will become non-refundable.
6.PRE-WEDDING CONSULTATION: A free service offered to client/s to arrange a meeting in person at the most convenient location and time.
7.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).
8. 90 MINUTE WINDOW: The bride and/or groom agree to set aside at least 30 minutes before the commencement of the wedding ceremony and a 60 minute time frame afterwards for photographs that cannot be obtained during the ceremony or reception. The 60 minutes following the ceremony includes group photographs. An ample time is also best allocated for a quick location shoot (if time permits), before heading off to Reception.
If either the bride’s or groom’s late arrival before ceremony(or any other reason outside of the photographer’s control) prevents this 90 minute window from occurring, SIMPLICITY & PERFECTION shall not be held liable for failure to take desired photographs.
9. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. SIMPLICITY & PERFECTION 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. SIMPLICITY & PERFECTION recommends that THE CLIENT designate an "event guide" (see PRE-WEDDING CONSULTATION above) to point out important individuals to the photographer, whom THE CLIENT wishes to include in informal or candid photographs.
10.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 SIMPLICITY & PERFECTION 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, SIMPLICITY & PERFECTION will not be held liable for any photographs not taken.
11.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; SIMPLICITY & PERFECTION will offer technical recommendations only.
12.USAGE and COPYRIGHTS of IMAGES: The photographs, digital negatives or prints produced by SIMPLICITY & PERFECTION are protected by Copyright Law (all rights reserved), and will remain an intellectual property of Simplicity and Perfection and may not be reproduced in any manner without SIMPLICITY & PERFECTION explicit written permission. Simplicity and Perfection couldn’t be held liable for poor colour/quality that The CLIENT obtained from unauthorized printing laboratory.
Upon final payment by THE CLIENT, limited copyright ownership of the resulting images may be transferred to THE CLIENT under the following conditions:
* The JPEG images are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives only.
* THE CLIENT must obtain written permission from, and compensate SIMPLICITY & PERFECTION prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit or advertisement.
13.MODEL RELEASE: THE CLIENT hereby assigns and grants SIMPLICITY & PERFECTION, its associates and legal representatives, the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT agrees that SIMPLICITY & PERFECTION may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in shopping centres, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine purposes.
14.EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that SIMPLICITY & PERFECTION will act as the sole and exclusive wedding photography service provider. Because of the fact that flashes from guest’s cameras may ruin shots taken by SIMPLICITY & PERFECTION, THE CLIENT acknowledges that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer are in session. The formal photography time is for the exclusive use of SIMPLICITY & PERFECTION 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. SIMPLICITY & PERFECTION will allow guests to take snapshots during the processional and recessional, during candid events at the church, and at the altar during the time SIMPLICITY & PERFECTION’s equipment is being packed up. In return for this consideration SIMPLICITY & PERFECTION insists no other guest photography to take place while SIMPLICITY & PERFECTION team is working. No other guest/photographer using professional equipment will be allowed by SIMPLICITY & PERFECTION at any time during the wedding. SIMPLICITY & PERFECTION reserves the right to stop any photographic services paid for and leave the function should any other person/guest take photographs using professional equipment.
15. GUEST COOPERATION: THE CLIENT is responsible for the conduct of their guests. THE CLIENT or its authorized representative will direct all other service providers (florist, DJ, caterer, registrar 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.
16.SIMPLICITY & PERFECTION 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.
17.COMPLETION SCHEDULE: The printing process can only start once SIMPLICITY & PERFECTION receives the order list for the required images. Digital post-processing takes approximately 4-8 weeks. Creation of a wedding album takes 6-10 weeks(from the date of draft/design approval), enlargements 2-3 weeks or possibly longer when laboratory and bindery schedules are heavy.
18.PAYMENTS: THE CLIENT agrees that the 10% booking fee is non-refundable (becomes part of the total payable amount and required to secure a booking/reserved date) on or before the time of contract acceptance. As a special offer, in this CONTRACT, 10% Booking Fee is waived. The initial 50% of Total Fee is payable during the Signing of Contract. The remaining 50% balance is due 8 weeks before the wedding.
19.FINAL DELIVERY: SIMPLICITY & PERFECTION will deliver the prints and any additional material once printing is completed. SIMPLICITY & PERFECTION will also provide The CLIENT an online password-protected album, where additional purchase is possible. High-resolution prints of these images can be ordered from SIMPLICITY & PERFECTION’s online PhotoStore.
20.METHOD OF REMUNERATION: Payment may be made in cash or cheque and via internet banking made payable to SIMPLICITY & PERFECTION.
21.PURCHASE OF DIGITAL JPEGs: If THE CLIENT desires a copy of the entire images taken in high resolution; these images may be purchased at separate specified cost and will be made available in a customized USB Flash Drive.
22.PENALTY FEES & CHARGES: There is a Au$50.00 late payment fee for any payments that are not postmarked or delivered to SIMPLICITY & PERFECTION on the agreed date. Usually, full payment is due on or before 8weeks from the wedding date.
23.RIGHT OF WITHDRAWAL: SIMPLICITY & PERFECTION’s discovery of new information changes to agreed circumstances, or other factors, which tend 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 SIMPLICITY & PERFECTION initiate the withdrawal, all fees will be returned, excluding the booking fee as well as fair market value for ALL services/products already provided. In case of withdrawal, Au$75.00 an hour is charged for all photography services already provided and Au$30.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.
24.LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer/associate. SIMPLICITY & PERFECTION 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.
SIMPLICITY & PERFECTION takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and storage/backup system. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond SIMPLICITY & PERFECTION ‘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.
25.NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, SIMPLICITY & PERFECTION cannot place an unconditional guarantee on the above. SIMPLICITY & PERFECTION will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other causes beyond our control.
26.PERFORMANCE: The performance of this contract on behalf of SIMPLICITY & PERFECTION 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.
27.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.
28.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 SIMPLICITY & PERFECTION at the time of acceptance of this contract shall be recognised as “amendments.”
29. REPRINT ORDERS: Reprints of photos (or additional prints of photos not included in the package, but which is part of the proofs provided) may be ordered at the following rates: - (See PhotoStore for print costs). Link will be provided.
30. PROFESSIONAL IMAGE MANIPULATION: SIMPLICITY & PERFECTION will allow for limited professional image manipulation (if technically possible) on two images of THE CLIENT’S choice. This includes, red eye removal, de-ageing, colour correction, special effects, portrait glamorisation etc. It is understood that if a technicality prevents “SIMPLICITY & PERFECTION” from performing requested image manipulation, or if a technicality prevents the final result to meet THE CLIENT’S requirement, THE CLIENT will reside with the fact that SIMPLICITY & PERFECTION has performed to its best ability with regard to the specific task and that SIMPLICITY & PERFECTION has no further responsibility towards said image manipulation.
I have read, understand and agree on the terms and conditions of this agreement
Signed:_______________________________(CLIENT RESPONSIBLE FOR PAYMENT)
Signed:_______________________________ (on behalf of SIMPLICITY & PERFECTION)
Done this:______________________, 2013 at Sydney, New South Wales, Australia.
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