The bride and groom (hereafter Clients) hereby agrees that Simply You Photography (hereafter collectively and individually called Studio) will photograph said wedding date and shall be the exclusive stills/print photographer retained to provide the photography at the above described event. It is further agreed that still/print photography, in any form or manner, by another contracted, paid or compensated individual or business entity, shall be prohibited and shall be deemed a breach of this contract, with the exception of a Photo Booth photographer (See Photo Booth Photography).Any such breach of contract will release Studio from any further responsibility under this Agreement, and any monies paid by Clients will be retained by Studio as liquidated damages. Notwithstanding, capturing, selling, and/or reproduction of still/print photography from the aforementioned event by any vendors on behalf of Clients is strictly forbideen and shall be deemed a breach of this contract. It is agreed that any such breach of contract will release Studio from further responsibility under this Agreement, and monies paid by Clients will be retained by Studio as liquidated damages.
Serious injuries or death of any of the signing parties to this agreement or an immediate family member will cause this agreement to be void, with documentation from physician, funeral director, etc. In the event of photographer's sudden illness preenting appearance or performing contract, client has the option of allowing Studio to transfer this contract to another photographer or allow client to contract with another photographer. All fees will be returned if photographer is absent.
To assure the appearance of Studio for said date and time, Clients agree to payment of the balance in full at least one month prior to event date. Make payments to Stacy McDonald, PO Box 646, Wanchese, NC 27981, if not paid online. Clients agree to pay a service charge of $35 for returned check or payment. Clients agree that Studio may withhold the final products & services from Clients until the entire balance of all fees and ta are paid in full. All fees must be paid before the wedding.
Retainers and Cancellations
Upon receipt of the Appearance Fee, Studio agrees to reserve the time and date agreed upon and will make no other commitments for date and time. Should the wedding be rescheduled or postponed, the Appearance Fee paid may be applied towards a new date based on Studio's availability. If Studio is not availabe on the rescheduled day, or if wedding is cancelled, the total retainer/Appearance Fee monies must be paid by Clients to Studio as liquidated damages. Should the event be postponed as a result of wars, revolutions, acts of enemies, strikes, floods, fires, power failers, acts of God such as weather-related emergencies, serious illness or injury of either part, or any other cause not under the direct control of either party to this contract, neither party will be held to the terms of this agreement. When the event is rescheduled, client agrees to give Studio first opportunity to provide photography services under the same terms and conditions. Should Studio be unavailable for the rescheduled date, half of the deposit is returned, unless it is the photographer who doesn't show, then a full refund is given.
Photo Booth Photography
Photo Booth Photography is permitted at contracted wedding however, with this guideline. Contracted photo booth photographer will operate photo booth only and is not permitted to document or photograph any other aspect of said wedding.
Negatives (Digital Files)
Studio shall keep all digital files for its own personal use. The duplication of any Studio images for other than personal and prive use without expressed written consent is forbideen. After 2 months from date of event, even if Clients have not obtained their entire package, their entire package will be considered final (inclusive of album) and files may be destroyed. This is not a guarantee nor shall studio be held liable for lack of images produced in this range. Studio strongly believes in quality imagery versus quantity imagery.
Meals for Studios photographer at the above described event will be provided, if photographer will work 3 or more hours.
Permission is hereby given to Studio to use reproduction of pictures for general marketing purposes in accordance with reasonable commerical practice including, but not limited to, within Studios place of business, on the Internet, and for personal meetings with prospective clients. Clients hereby agree that all negatives, digital files and any and all pictures derived therefrom at the described event are the property of Studio. Clients may not sell their images or authorize any third part use of any image without written consent of the Studio.
Current prices for items ordered and/or itemized as stated above will be guaranteed for 60 days after event date. If Clients' order is not placed within that time frame, items may be a new prices. Thus, if Clients wait to place an additional order, it may cost more. Prices are subject to change at any time without this notice.
Albums are put into design on a first come, first serve basis. Clients who do not follow through with the selection of the album purchase listed above within 10 days from the date of above event, will forfeit all rights to receiving said album. Clients NOT specifying an album as part of their contract may purchase an album at any time, however, the price of the album is determined at the time of ordering when outside of the contract.
Specific Photographs and Liability
1. Studio will make every effort to assure Client satisfaction according to accepted industry standards. Any artistic interpretations by Studio will be deemed acceptable and correct. Due to the chaning and fluid nature of special events, Studio does not guarantee the production of any specific image(s). Events outside of Studios control, such as weather, late arrival of Client or subjects, missing persons, short timelines, venue restrictions, guest intereference, intoxicated individuals, etc. may preclude the creation of some images. Studio assumes no liability for failure to comply with the terms of the Agreement due to events outside of Studios control.
2. Studio may not be held liable for or subject to damages for failure to provide any proofs or prints due to negligence, accident, or any other avoidable or unavoidable action mentioned or unmentioned by any individual, other service agency or third party necessary in performing the function set forth in this agreement.
3. Clients hereby agree that Studios liability for damages pursuant to this Agreement is limited in amount to total value of the Appearance Fee and Service Fee actually paid by Clients pursuant to this Agreement.
The Clients and the Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. We recommend that the Photographer be provided with a helper (usually the best man) who will point out key individuals to be photographed. The Photographer may also require the assistance of the best man in organizing family groups. The Clients also agree to give the Photographer sufficient warning of key events at the wedding to give the Photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at weddings like having their photo taken. In such cases the Photographer will use his discretion but cannot be held responsible for a lack of photos of these people.
Our shooting schedule, style of working and experience are designed to achieve a great set of wedding photos for the Clients, accomplished with good humor and enjoyed by all concerned. Both the Clients and the Photographers therefore agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the wedding does not run on time (for example, extreme lateness by one of the Clients arriving to the church) we cannot guarantee to take our normal set of photos although in such circumstances we will do our absolute best to compensate.
If any dispute between the parties arises under this agreement and cannot be resolved in good faith through informal negotiation, such dispute shall be settled by arbitration. Studio and Clients shall agree on a firm or individual to conduct the arbitration. Studio and Clients shall provide an equal share of the costs of conducting the actual arbitration. Studio and Clients shall each bear their own costs for legal representation, transcripts, depositions and any other costs required to prepare the arbitration.