AGREEMENT TERMS & CONDITIONS
Rental Fees/Retainer: A retainer of & signed contract are required to reserve your rental/event date and is non refundable. However, the above stated retainer will be applied to the total cost of your rental package.
The non refundable retainer is a fee that retains Dreamy Soirées services for your scheduled session date that Dreamy Soirées have turned down other work for.
The rental package total is due TWO WEEKS before rental/event date. Payments can be split up leading up to the rental/event date in a payment plan that is agreed upon between the Client and Dreamy Soirées. No services will be fulfilled without payment in full 14 days before the rental/event date stated in this contract.
The Client assumes responsibility for any and all participants and guests. In the event that rental materials are damaged or destroyed, the Client will be charged full value of the damaged/destroyed materials.
The Client agrees to pay a travel fee of $1 to and from the Venue if outside of 15 mile radius of West Palm Beach.
Change of Date or Venue: Dreamy Soirées must be notified immediately of any changes in schedule or location, at least one week prior to 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 as listed, the client must notify Dreamy Soirées.
Exclusive Photographer: Dreamy Soirées shall be the exclusive photographer(s) retained by the client for the purpose of photographing the rental/event. 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 event services to ensure proper exposure of images.
Copyright Information: The photographs produced by Dreamy Soirées are protected by Federal Copyright Laws (USC Title 17) and MAY NOT be reproduced, cropped or altered in any manner. Client here by waives any claims of ownership, income, editorial control and the use of the images.
It is a breach of this agreement to not only reproduce or change the images, but to display them on social media networking sites (Facebook.com, Twitter.com, Instagram.com etc…) without crediting Dreamy Soirées. If displayed on social networking sites, any photo shared on the internet should be either captioned crediting Dreamy Soirées or tagging Dreamy Soirées (@dreamysoirees) in the actual photograph.
Cancellation or Postponement Policy: There shall be NO refund of retainer after 48 hours from the signing of agreement due to the reservation of the photography date. If the event is cancelled within three months of the event date, the client shall pay the balance of the contract due to the high probability Dreamy Soirées 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 Dreamy Soirées. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform Dreamy Soirées of the cancellation.
Creative License: Images are edited at the photographer's (Dreamy Soirées) discretion, and delivered images may not include all images shot. The photographer (Dreamy Soirées) reserves the creative right to edit and release only those deemed creditable as professional quality and within the photographer's artistic standards. All images released are high resolution JPEG. RAW files are not released.
Cloud Storage: Due to the lack of information about how long cloud storage can hold information, Dreamy Soirées recommends clients back up images on another media format other than cloud storage, such as an external hard drive. Dreamy Soirées also recommends making multiple copies of the images from the downloadable gallery to insure the images for years to come. Dreamy Soirées cannot be held responsible for the failure of the website and/or cloud storage. It is the client's responsibility to keep several copies of any image in more than one location and back the images up on another format such as a hard drive.
Archival of Images: After you receive your images, Dreamy Soirées archives the photos for a total of ONE year. If you lose the copy of the images from your event, there is an archival fee of $150 to have a gallery of your images uploaded so you can download the digitals.
Failure to Perform: Due to the limited and subjective nature of the event, Dreamy Soirées cannot be held responsible for photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications cause by, but not limited to, anyone in or at the event, or by the venue or location restrictions. Dreamy Soirées is not responsible for the lost photo opportunities due to other cameras or flashes, the lateness of the client, guests or other principles, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to Dreamy Soirées will be used for organizational purposes and in no way represents photography that will be produced. Dreamy Soirées will do its best to fulfill all requests but can make no guarantees all images will be delivered. Clients are responsible for all locations fees and permits.
Force Majeure: If Dreamy Soirées 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, other causes beyond the control of the parties, or due to the photographer's illness, then Dreamy Soirées shall return any monies paid by the client, less expenses, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that rental or photographic 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 Dreamy Soirées.
Cancellation
A non-refundable 50% booking fee is required to secure all bookings. This booking fee is taken from the total amount owing (excluding bond). When a booking fee is taken, the hire company no longer takes bookings for the time slot on the requested date. In the event of cancellation, the booking fee is non-refundable and retained by the hire company. there isa no refund policy that is upheld and if for any reason a client has to cancel they will have a 6months grace period the reschedule a picnic experience. In the unlikely event that the hire company is not able to provide the client with the agreed equipment due to unforeseen circumstances, the client will be refunded any money paid in full. (see below for wet weather contingencies and Force Major events)
Weather & Venue Availability
Refunds will not be issued in the event of bad weather or issues with venue availability. It is the client’s responsibility to have a back-up wet weather option and to source a replacement venue. In the event that the location changes and delivery is being made, the client must provide as much notice as possible. Increased travel fees may be charged. Date changes will be considered if bad weather is predicted and an alternate venue is not available and is dependent on availability of the picnic equipment. Please also consider the time required to bump in/out the picnic if booking a wet weather venue for a picnic. I.e. a three hour picnic for 25 people will also require venue access 1 hour prior and 1 hour post event. It is the Client’s responsibility to negotiate these terms with the venue.
Force Majeure
If the Hirer is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation acts of God, inclement weather, strikes, lockouts, bushfires, fires, floods, traffic accidents, riots, pandemics, civil commotion or unrest, acts of government, interference by civil or military authorities, terrorist attacks or act of war) the Hirer may give written notice to that effect to the Client, giving full particulars of such force majeure in which case the obligations of the Hirer under these Terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. The Hirer shall not be liable for any loss or damage suffered by the Client as a result of any delays caused by such force majeure events nor will the Hirer be liable for loss or damage suffered by the Client in the event of the Client cancelling or postponing due to a force majeure event.
Liability
The hire company shall in no way be held responsible or accountable for any damage, injury, death or loss of income caused to the client, any third parties or properties due to the hire of equipment or provided services by the hire company. All equipment is hired and is the responsibility of the client until returned to the hire company.
Rental Substitution: In the extremely unlikely event of severe personal illness or other extreme acts of nature beyond the control of Dreamy Soirées which precludes Dreamy Soirées from performing the duties of coverage Dreamy Soirées will attempt to arrange for a substitute photographer of high qualification, per client approval of said photographer or a substitute rental. The client and Dreamy Soirées both assume the risks and dangers of the Dreamy Soirées' travel and if the extremely unlikely event a last-minute Act of Nature or travel disaster occurs while Dreamy Soirées is en route to the event, Dreamy Soirées will refund the client all monies paid, less the initial payment.
Set Up Crew: Dreamy Soirées will assign two set up crew members for the rental/event day and the crew members will be of Dreamy Soirées' choosing.
Take Down: The client is responsible for all clean up of disposable items, trash and debris. Once the rental period has elapsed, Dreamy Soirées will pick up the rental items. In the event that the Client goes beyond the rental period, the Client will be charged for the additional time and additional fees may also apply.
Photographer: If a photography add-on is selected, Dreamy Soirées will assign a photographer(s) for the rental/event day and the photographer(s) will be of Dreamy Soirées choosing.
Event Food Service: Once Dreamy Soirées sets up any food or beverage items, they are no longer responsible for the food and/or beverages.
Printing of The Images: Dreamy Soirées is not responsible for any prints that are not ordered directly through Dreamy Soirées.
Model Release: This contract serves as a model release, giving Dreamy Soirées the irrevocable right to use the photographs in all forms and in all media and in all manners for advertising, trade, promotion, exhibition, or any other lawful purposes. Dreamy Soirées can grant the use of the images to third parties and all compensation for use and credit for the images remain the property of Dreamy Soirées. The client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photo(s) or the use to which it may be applied, included written copy that may be created and appear in connection therewith. This release is binding on the client and their legal representatives.
Delivery of Products & Rentals: The Client will receive their rentals and/or products no later than 30-min proceeding the rental/event start time. This does not include any special requests by client.
Delivery of Photographs: If a photography add-on is selected, the Client will receive their final high resolution, hand edited JPEG images via an online gallery no later than six weeks following the rental/event date. This does not include any requests by client for further edits or enhancements.
Entire Agreement: This agreement contains the entire understanding between Dreamy Soirées 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. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Dreamy Soirées.