AGREEMENT TERMS & CONDITIONS
This agreement is between Liliacreativity Photography, hereinafter referred to as the "Photographer", and the signers of this portrait photography agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the wedding session detailed below. The package list and price list and/or documents attached to this contract are integral parts of this document. The contract terms, agreement, and price list are the only legally binding documents between the Parties.
Agreement Overview
This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to notify the Photographer before the contract is signed. There is a $600 fee if the Parties breach this agreement after it has been signed. The photographer has the right to cancel this agreement at any time if the parties do not honor this contract. This contract must be signed within 48 hours of receipt and the retainer must be paid to book your photoshoot.
Change of Date or Venue
The Photographer must be notified immediately of any changes in schedule or location, at least 48 hours prior to the scheduled date of event. Notification of any changes can be made by contacting the Photographer. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client’s responsibility to confirm all arrangements at least 48 hours prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify the Photographer.
Non-Refundable Retainer Fee
Booking Retainer & Payment: A retainer fee of $375 of the total cost & signed contract are required to reserve your wedding date and is non-refundable. However, the above stated retainer will be applied to the total cost of your wedding package. A invoice will be sent to the client once the contract has been sign. The client will hhave the option to pay either online through Venmo (@liliacreativity), Facebook, cash, or by check. If paying by check, make your payments to Lilia A'Hearn.
The non-refundable retainer is a fee that retains the photographer’s services for your scheduled session date that the photographer has turned down other work for. The retainer fee is due upon booking and signing the agreement with Liliacreativity Photography.
The wedding package total is due two month before wedding date. Payments can be split up leading up to the wedding in a payment plan that is agreed upon between the client and Liliacreativity Photography. No photography will be fulfilled without payment in full two months before the wedding date stated in this contract. If final payment is not received, the Photographer will not be expected to attend the event. If the wedding is canceled one month before the wedding date, only 50% will be retured to the couple. Exp. if a couple paid $3,000 and canceled their wedding a month before their wedding date, they will only get a return of $1,500.00 or a credit for a future date.
Travel
Package chosen covers all weddings held within 30 miles of Yelm, Washington. Any weddings outside of this area will incur a .56 cents per mile travel fee, pre-calulated and paid before the wedding date. Travel expenses such as parking, tolls, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event.
Cancellation or Postponement Policy: There shall be NO refund of the retainer fee after 48 hours from the signing of agreement due to the reservation of the photography date. If the event is cancelled within two month of the wedding date, the client shall pay the balance of the contract due to the high probability Liliacreativity Photography 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 Liliacreativity Photography. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform Liliacreativity Photography of the cancellation.
Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer 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 location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. It is acknowledged that any photo requests submitted to the Photographer will be used for organizational purposes only and in no way is the Photographer required to fulfill these. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. Clients are responsible for all location fees and permits.
Copyright
All photographs are copyrighted under Lilia Creativity Photography. The negatives and/or digital images (hereinafter referred to as the “images”) created by the Photographer remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties. Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The Photographer retains the copyright to all images produced by the Photographer. The client understands the images given on an online gallery or on a Flash Drive, etc cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer. The Photographer is the lawful copyright owner of all images.
Exclusive Photographer
The Photographer shall be the exclusive photographer retained by the Client for the purpose of the portrait photography. Family and friends of the clients and other event vendors shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.
Event Food Service
Photographer will require a 30 minute to an hour break during reception to eat. A meal will need to be provided.
Garments
The Photographer cannot be held responsible for damage to garments due to environmental events. Client is responsible to arrange personal assistance for garments.
Creative License/Editing
Images are edited at the Photographer’s discretion, and the Client will receive the amount of photos agreed upon per the package paid for along with any additional photographs purchased. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards. Editing will typically take 6-8 weeks to complete. Cleint will only receive the best final pcitures that have been editted and in that are in high resolution. All images released are high resolution JPEG. RAW files are not released.
Unforeseeable Circumstances
If the Photographer 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, then the Photographer shall return any money paid by the Client, except for the deposit, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer.
Photographer Substitution: In the extremely unlikely event of severe personal illness or other extreme acts of nature beyond the control of Liliacreativity Photography which precludes the photographer from performing the duties of coverage Liliacreativity Photography will attempt to arrange for a substitute photographer of high qualification, per client approval of said photographer. The client and Liliacreativity Photography both assume the risks and dangers of the photographer's travel and if the extremely unlikely event a last-minute Act of Nature or travel disaster occurs while Liliacreativity Photography is en route to the event, the photographer will refund the client all monies paid, less the retainer that is if the substitude Photographer does not show up and photographs the event
Second Photographer: Liliacreativity Photography will hire a second photographer, if applicable to client's chosen package, and the photographer will be of Liliacreativity Photography choosing.
Returned Checks
Returned checks are subject to a $100.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.
Image Archive
Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control. Photographer cannot guarantee/duplicate a requested image. Amount of images provided will depend upon cooperation of all subjects and situations. Photographer does not guarantee any specific amount of images. Once images are delivered, photographer will not be held responsible for original files and may not be able to reproduce files. Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt. Photographer agrees to archive all images for a period of 6 months. If wishing to obtain pcitures again after there will be a $200 procesing fee.
Image Printing
Lilia Creativity Photography cannot guarantee images printed from any establishment and cannot be held responsible for print quality If images are printed by any source other than its approved vendors.
Limit of Liability
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. In the unlikely event that the photographer(s) are injured, become too ill, or has an emergency that prevents them from photographing the event, Liliacreativity Photography will contact the CLIENT as soon as possible, to arrange another suitable date and time, and if necessary (if an event), will try to find a replacement photographer. If this does not suit the CLIENT, the CLIENTS agree that responsibility and liability of Liliacreativity Photography to the CLIENTS is limited to the return of all payments received for the event. Liliacreativity Photography takes the upmost care with respect to exposure, storage, and processing the photographs/images, but cannot and does not, guarantee that photographs/images of the event will not be lost, stolen, or destroyed for reasons within or beyond the Photographer's control. CLIENT agrees that Liliacreativity Photography or the photographer(s) full and complete responsibility and liability is limited to the return of all payments received for the event.
Model Release
The CLIENTS hereby grants to Liliacreativity Photography and successors, heirs, executors, administrators, assigns, attorneys, representatives and agents, the irrevocable and unrestricted right to use and publish photographs of the CLIENTS or in which the CLIENTS may be included, for editorial, trade, advertising or any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. The CLIENTS hereby release Liliacreativity Photography and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to Liliacreativity Photography use of said images. I hereby give to Liliacreativity Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
Delivery of Products: Client will receive their final high resolution, hand edited JPEG images via an online gallery or in a flash no later than 6-8 weeks following the wedding date. This does not include any requests by client for further edits or enhancements.
Entire Agreement: This agreement contains the entire understanding between Liliacreativity Photography and Client. It supersedes all prior agreements between parties. The only way to add or change this agreement is to do so in writing, signed by all parties. The undersigned have read and understood the contract and agree to the terms and conditions in their entirety. Only the bride and groom (or signers of this document) can discuss any problems that arise.
I kindly ask you get in touch with me a week or two prior to the date of your event to touch base and go over last minute details. I will make every effort to contact you, but it is the Client's responsibility to contact Liliacreativity Photography to confirm wedding details and times.
Liliacreativity Photography retains the copyright to all images produced by Liliacreativity Photography and/or subcontractors. If purchasing High Resolution downloaded images or images on a flash drive, clients will be given a written print release to make personal copies of these images if requested. The Client understands the images provided for download or on flash drives cannot be used for profit or advertising and all posting of images on the internet need to be credited images to Liliacreativity Photography.