CHANGE OF DATE OR VENUE
Michelle Mitchell must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone 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 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify Michelle Mitchell.
RETAINER
A non-refundable retainer fee of $150 is required to hold the date of your event. No date is reserved until a retainer is received. 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, Michelle Mitchell reserves the right to withhold delivery of the images and or not attend the wedding until payment is received. Upon clients signature and payment of retainer fee, Michelle Mitchell agrees to reserve the date and time specified. The retainer fee is applied towards the final contracted wedding package.
CANCELLATION
There shall be NO refund of retainer after 48 hours from the signing of agreement due to the reservation of the photography date. If you are not cancelling but moving your date a $100 move date fee will apply if you are not moving the date 60 days prior to the original date. Cancellation fee is $200 due at cancellation as I have turned people away from your date that was held for you. If the event is cancelled within three months of the date, the client shall pay the balance of the contract due to the high probability that Michelle Mitchell will not be able to further book that date. Once a balance is paid, it is NON-REFUNDABLE. Any other arrangements shall be discussed between the client and Michelle Mitchell. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform Michelle Mitchell of the 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.
As owner and photographer I reserve the right to cancel the contract. In the event that Michelle Mitchell Photography cancels the service due to non-communication on clients part, in the event the client cancels all payments made will be liquidated for damages.
FAILURE TO PERFORM
Due to the limited and subjective nature of the event Michelle Mitchell cannot be held responsible for requested photographs 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 church or location restrictions. The photographer is not responsible for lost photo opportunities due to, the lateness of the event couple, or other principles. The Photographer 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 lists submitted to Michelle Mitchell will be used for organizational purposes only and in no way represents photography that will actually be produced. Michelle Mitchell will do her best to fulfill all requests but can make no guarantees all images will be delivered. Clients are responsible for all location fees and permits.
UNFORESEEN CIRCUMSTANCES CLAUSE
If Michelle Mitchell or its 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 illness, then Michelle Mitchell shall return any moneys paid by the client, less expenses, but shall have no further liability with respect to the agreement.
COVID19
In the event the wedding must be rescheduled due to COVID19 or any other Global Pandemic the postponement fee will be waived and your payments will be moved to apply to your new date. You must choose a date that Michelle Mitchell Photography has open or you will forfeit ALL money paid. In the event that you cancel the event due to COVID19 the money will apply to a session or event within 6 months of the cancelled event date.
INCLEMENT WEATHER CHARGE
In the event of severe weather, including but not limiting, a blizzard, severe rain storm or other unforeseeable Michelle Mitchell may make the decision that it’s unsafe to drive home, and hotel stay will be billed to the client.
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. Michelle Mitchell can successfully communicate all event details via email or phone. If the client requests to meet, the must be willing to meet near the photographers location.
WEDDING COORDINATOR/EVENT GUIDE:
If the ceremony or reception 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 Michelle Mitchell prior to the wedding day.
EXCLUSIVITY
Michelle Mitchell shall be the exclusive photographer(s) retained by the client for the purpose of photographing the wedding. Family and friends of the clients and other wedding vendors shall not interfere with the photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of wedding services to ensure proper exposure of images. Additional professional photographers may be employed only with prior written permission from Michelle MItchell. Guest photographers may NOT be active during the ceremony and will not be allowed to photograph during family and individual portraits. Michelle Mitchell spends special time planning and posing your photographs and asks that guest NOT intervene. Michelle Mitchell will request your intervention if a guest is inhibiting our ability to full document your wedding.
PERMISSIONS
It is the clients’ responsibility to schedule and receive permission to use various locations for photography, including the wedding and reception 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 created by Michelle Mitchell are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Michelle Mitchell to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Michelle Mitchells' express written permission. The client may print (on their own) their personal wedding photographs with the written consent of Michelle Mitchell only once in possession of the digital images, whether via Client Gallery or USB. The digital files remain sole property of Michelle Mitchell and will never be given or sold.
Michelle Mitchell 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:
i) Display the images;
ii) Print the images;
iii) Upload, email, or electronically transfer the images or files; and,
iv) Publish the images on personal websites or social media websites
*This applies only if giving Michelle Mitchell credit. A description must be made by the client stating ‘Copyright Michelle Mitchell 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 Michelle Mitchell
_________________INT.
MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES
_________________INT.
PROOFS
Michelle Mitchell, as a photographer and artist with whom Clients entrusts photography to, retains the judgment to remove any image(s) from the proofs that it deems bad or irrelevant.
EXPENSE REIMBURSEMENTS
The wedding couple agrees to reimburse Michelle Mitchell for all reasonable expenses relating directly to the wedding event itself. For example, parking fees, destination travel fees, accommodations, etc. Michelle Mitchell will bill the wedding couple after the event. Both parties agree to discuss this thoroughly to avoid any surprises as to what will constitute an expense and Michelle Mitchell agrees to supply expense receipts if so requested. ONE EXCEPTION: A gas fee of $15 will be applied prior to wedding day if the wedding location is over 30 miles outside of Elizabethtown,Kentucky. Outside 60 miles of Elizabethtown is a $30 fee. Outside 75 miles.
EVENT FOOD SERVICE
Wedding couple does agree to provide a meal for Michelle Mitchell and those employed by photographer.
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 Michelle Mitchell in the event that enforcement of this contract becomes necessary. All legal action shall take place in Elizabethtown,Kentucky.
GARMENTS
Michelle Mitchell cannot be held responsible for damage to garments during environmental events. Client is responsible to arrange personal assistance for wedding garments. Michelle Mitchell will not put any parties in a situation (unless requested by bride or groom) that will cause harm or damage to special garments. However, to achieve certain photos, the clients agree that will trust the discretion of Michelle Mitchell and assistants.
TURN AROUND TIME & IMAGE DELIVERY
The photogrpahers turnaround time is with in 1 month. If the photographer had extreme circumstances in which she would need more time, she would communicate with the client about the delays, and the reason behind the delay. Images are delivered on a USB flash drive and a online downladable gallary.Michelle Mitchell will deliver 30-40 images per hour of shooting. Editied in High Resolution. Any issues with the images delivered must be voiced within 24 hours of receiving the images. I backup edited images for 3 months time.
CREATIVE LICENSE
Images may be edited at the photographer’s discretion, and delivered images may not include all images shot. The photographer 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 that Michelle Mitchell produces.
SUBSTITUTION
In the event of illness or sudden event out of the control of both parties, Michelle Mitchell will attempt to substitute a photographer at no cost to client. This contract will be transferable to said photographer.
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 USB can hold information, Michelle Mitchell recommends you back up your images on another media format other than USB. Michelle MItchell also recommends making multiple copies of USB every year to insure the images for years to come. Michelle Mitchell cannot be held responsible for the failure of USB due to mishandling. It is the client’s responsibility to keep several copies of any USB 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 the Client Gallery 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 Michelle Mitchell to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The laws of Kentucky shall govern this agreement.