CHANGE OF DATE OR VENUE
Dink Digital Productions must be notified immediately of any changes in schedule or location, at least 24-72 hours prior to the scheduled date of event. Notification of any changes can be made by phone/text along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be in writing. It is the client’s responsibility to confirm all arrangements at least 24-72 hours prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must immediately notify Dink Digital Productions.
SIGNED ONLINE CONTRACT AND RETAINER
A signed online contract and non-refundable retainer fee of $50.00 is required to hold the date of your event. No date is reserved until a signed online contract and retainer is received unless approved by Dennis D. Dove, Owner, Dink Digital Productions. The balance of the complete package price must be paid at the date specified herein. If final payment is not received as set forth herein, Dink Digital Productions reserves the right to withhold delivery of the images/videos of the event until payment is received. Upon client's signature and payment of retainer fee, Dink Digital Productions agrees to reserve the date and time specified. The retainer fee is not applied towards the final contracted event package.
CANCELLATION
There shall be NO refund of retainer from the signing of agreement due to the reservation of the photography/videography date. If the event is cancelled by the client, whatever has been paid, outside of the retainer, to Dink Digital Productions, will be refunded to the client. Any other arrangements shall be discussed between the client and Dink Digital Productions. All arrangements will be put in writing. Cancellation must be in writing asap by the client even if a phone call was made to inform Dink Digital Productions of the cancellation. The retainer fee will be transferable up to 365 after cancellation. The client agrees to not expect a new date to automatically be available. The client will be given the chance to reschedule but cannot be pushed ahead of other reserved clients.
FAILURE TO PERFORM
Due to the limited and subjective nature of the event Dink Digital Productions cannot be held responsible for requested photographs/videos not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the facility or location restrictions. The photographer/videographer is not responsible for lost photo/video opportunities due to any kind of equipment malfunction, the lateness of the event couple, or other principles. The Photographer/videographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any (shot) lists submitted to Dink Digital Productions will be used for organizational purposes only and in no way represents photography/videographer that will actually be produced. Dink Digital Productions will do her best to fulfill all requests but can make no guarantees all images/videos will be delivered. Clients are responsible for all location fees and permits.
UNFORESEEN CIRCUMSTANCES CLAUSE
If Dink Digital Productions or whom it assigns, cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, or due to the photographers/videographers illness, then Dink Digital Productions shall return any moneys paid by the client, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic/video materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without the fault on the part of Dink Digital Productions.
INCLEMENT WEATHER CHARGE (if applicable)
In the event of severe weather, including but not limiting, a blizzard, severe rain storm or other unforeseeable events Dink Digital Productions may make the decision that it’s unsafe to drive home, and hotel stay will be billed to the client. Based on the weather during the season of the event, Dink Digital Productions will discuss this information with client to obtain mutual understanding by both parties.
PRE-EVENT CONSULATION
It is NOT required for the client to schedule a pre-event consultation before the event-date to finalize the actual shooting times and location. Dink Digital Productions can successfully communicate all event details via email or phone/text. If the client requests to meet, the must be willing to meet near the photographers/videographers location.
EVENT COORDINATOR/EVENT GUIDE:
If the event provides a "COORDINATOR/EVENT GUIDE", the client is responsible for communicating all day of information. Including, but not limited to: time line, itinerary, schedules, etc.; with Dink Digital Productions prior to the wedding day. THIS IS TO BE SHARED WITH ANY PARTIES INVOLVED IN THE EVENT INCLUDING THE EVENT COORDINATOR/EVENT GUIDE.
EXCLUSIVITY
Dink Digital Productions shall be the exclusive photographer(s)videographer(s) retained by the client for the purpose of photographing/videotaping the event. Family and friends of the clients and other event vendors shall not interfere with the photographer’s/videographer's duties. Guests will be asked to refrain from taking flash photographs/videos at certain intervals of event services to ensure proper exposure of images/videos. Additional professional photographers/videographers may be employed only with prior written permission from Dink Digital Productions. Guest photographers/videographers may NOT be active during the event and will not be allowed to photograph/video during family and individual portraits. Dink Digital Productions spends special time planning and posing your photographs/videos and asks that guest NOT intervene. Dink Digital Productions will request your intervention if a guest is inhibiting our ability to full document your event.
PERMISSIONS
It is the clients’ responsibility to schedule and receive permission to use various locations for photography/videography, including the event locations and any other locations used during the day. Should a location require a payment, this payment will be paid by the clients.
COPYRIGHTS
All photos/videos created by Dink Digital Productions are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Dink Digital Productions to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Dink Digital Productions' express written permission. The client may print (on their own) their personal event photographs/videos with the written consent of Dink Digital Productions only once in possession of the digital images/videos, or DVD sold separately. The negatives/digital/video files remain sole property of Dink Digital Productions and will never be given or sold.
Dink Digital Productions agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images/videos:
i) Display the images/videos;
ii) Print the images; Copy the videos;
iii) Upload, email, or electronically transfer the images/videos or files; and,
iv) Publish the images/videos on personal websites or social media websites
*This applies only if giving Dink Digital Productions credit. A description must be made by the client stating ‘Copyright Dink Digital Productions. Please do not copy/paste or edit in any way’.
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY DINK DIGITAL PRODUCTIONS
_________________INT.
MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES
_________________INT.
PROOFS
Dink Digital Productions, as a photographer/videographer and artist with whom Client(s) entrusts photography/videography to, retains the judgment to remove any image(s)/video clips from the proofs/footage that it deems bad or irrelevant.
EXPENSE REIMBURSEMENTS (if applicable)
If applicable, the client agrees to reimburse Dink Digital Productions for all reasonable expenses relating directly to the event itself. For example, parking fees, destination travel fees, accommodations, etc. Dink Digital Productions will bill the client after the event. Both parties agree to discuss this thoroughly to avoid any surprises as to what will constitute an expense and Dink Digital Productions agrees to supply expense receipts if so requested. ONE EXCEPTION: A gas fee of $30.00 will be applied prior to wedding day if the event location is over 30 miles outside of Kernersville, North Carolina.
EVENT FOOD SERVICE
The client does/do agree to provide a meal for Dink Digital Productions and those employed by photographer/videographer.
RETURNED CHECKS
Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by Dink Digital Productions in the event that enforcement of this contract becomes necessary. All legal action shall take place in Forsyth County, North Carolina.
GARMENTS
Dink Digital Productions cannot be held responsible for damage to garments during environmental events. Client is responsible to arrange personal assistance for garments. Dink Digital Productions will not put any parties in a situation (unless requested by the client(s) that will cause harm or damage to (special) garments. However, to achieve certain photos/videos, the clients agree that will trust the discretion of Dink Digital Productions and assistants.
CREATIVE LICENSE
Images may be edited at the photographer’s/videographer's discretion, and delivered images may not include all images/videos shot. The photographer/videographer reserves the creative right to edit and release only those deemed professional in quality and within the photographer’s artistic standards. By signing this contract, the client is aware of the style of photography/videography that Dink Digital Productions produces.
SUBSTITUTION
In the event of illness or sudden event out of the control of both parties, Dink Digital Productions will attempt, but cannot guarantee, to substitute a photographer/videographer at no cost to client. This contract will be transferable to said photographer/videographer.
COOPERATION
The parties agree to positive cooperation and communication.
TERMS/CONDITIONS
*Offerings [excluding prices] are subject to change without notice. The most up to date contract will immediately apply to any client that has already signed.
STORAGE OF IMAGES
Due to the lack of information about how long CDs/DVDs can hold information, Dink Digital Productions recommends you back up your images on another media format other than CD/DVD. Dink Digital Productions also recommends making multiple copies of CDs/DVDs every year to insure the images for years to come. Dink Digital Productions cannot be held responsible for the failure of CDs/DVDs due to mishandling. It is the client’s responsibility to keep several copies of any CDs/DVDs in more than one location, and back the images up on another format such as a hard drive. This is the same for the use of your USB flash drive. Once the images are in the hands of the client, it is the client’s responsibility to download and save the images. Backing up your images is very important.
THE UNDERSIGNED HEREBY ACKNOWLEDGE THAT THEY HAVE RECEIVED, READ, AND
UNDERSTAND THIS AGREEMENT’S CONTENTS.
Permission is hereby granted to Dink Digital Productions to use any images/videos created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The laws of North Carolina shall govern this agreement.