Legal Talk
“Blueflash” refers to Blueflash, Blueflash Photography, Matthew Celeste, any Blueflash employee, and anybody working on a temporary basis for Blueflash. “Client” refers to the signed parties of this contract excluding Blueflash.
Liability: If Blueflash is unable to perform any or all of the duties herein for any reason, including but not limited to: fire, transportation problems, acts of God, force majeure, accident, illness, or technical problems, and if they cannot provide another competent professional, all money received by Blueflash, minus expenses, will be returned to Client, and Blueflash shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs and/or video, or failure to deliver photographs and/or video for any reason, including but not limited to memory card failure, equipment failure, or damage out of the control of Blueflash. Liability for a partial loss of photographs and/or video shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total amount paid by Client.
Aerial/Drone: If weather, venue restrictions, or any other issue prevents Blueflash from flying the drone, Client will not hold Blueflash responsible. No refund will be issued for service if the inability to fly is out of Blueflash's control. This includes but is not limited to high winds, precipitation of any amount, any situation where Blueflash deems it unsafe to fly, or the venue restricting flight.
Archiving: Upon delivery (electronic or physical) of digital media, Client accepts all responsibility for archiving all contents. If Client has problems acquiring said delivery they are required to notify Blueflash within one week of delivery. Blueflash will not held responsible for permanently archiving digital media. Blueflash is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read media provided. It is Client's responsibility to make sure that digital files are copied to new media as required.
Copyrights: Client will have the right to reproduce and distribute their digital media as desired. Blueflash reserves the right to use any photograph or video in any advertising capacity it sees fit, whether it be the original form or in an altered state.
Deliverables: Edited JPG files will be delivered. Under no circumstances are RAW files or unedited JPG files provided to Client. Quantity of delivered photos is at Blueflash’s sole discretion. Any requests for reediting or modifications to provided edited JPG files will incur an additional cost determined by Blueflash. Cinema edits are final upon delivery. Any requests for changes of any kind will incur an additional cost determined by Blueflash. If song selections are not made prior to the wedding date, Blueflash will choose the songs for the highlight film and selections will be final.
Editing/Retouching: All final photos are provided to client with color correction applied to them. This includes exposure adjustements, highlights, shadows, white balance, tint, saturation, curve adjustments, and cropping. Retouching is NOT included in any services or packages and can be done for an additonal cost determined on a case by case basis. Retouching consists of, but is not limited to, skin smoothing, fixing hair (flyaways, issues caused by wind, etc), blemish removal, fixing tan lines, outfit fixes, object/person removal, sky replacements, and anything else not described in the "color correction" statement above.
Music Licensing: In accordance with US copyright law only licensed music shall be used for video soundtracks. Client will be provided with a set of songs to choose from that Blueflash has secured proper licensing for. No unlicensed commercial music shall be used.
Rescheduling: Event date changes are subject to a fee at Blueflash's discretion. Fee amount is based on availability, date desirability, and other factors determined by Blueflash. Minimum fee is $500. Rescheduling to a date that Blueflash cannot accommodate does not nullify this contract. Payment is still due in full as agreed upon. Funds can be credited toward other services or products at Blueflash's discretion.
Personnel: Blueflash will provide the appropriate team to deliver the contracted services. There is no guarantee who specifically will be a part of the team. We will make our best efforts to accommodate any special requests but reserve the right to select the team for your event.
Deposit and Payments: This contract is only active upon receipt of deposit payment. Balance is to be paid in full anytime up to four weeks before the original contracted date of event OR four weeks prior to a rescheduled date, whichever is sooner. If balance is not paid by the specified time Blueflash reserves the right to withhold service, images, video, or any other digital or physical asset. Deposit is non-refundable under any and all circumstances, including force majeure situations. If payment is not made according to the contracted terms and legal action is required to receive payment, all associated costs, fees, and expenses, including but not limited to lawyer fees and court costs, are the responsibility of Client and will be reimbursed in full to Blueflash. Interest on non-payments will also be charged at the rate of 15% annually.