Retained Photographer
The bride and groom (hereafter Clients) hereby agrees that Carrow & Colasurdo Photography (hereafter collectively and individually called Studio) will photograph said wedding date and shall be the exclusive stills/print photographer retained to provide the photgraphy 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.
Emergencies
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 except retainer will be returned.
Retainer
To assure the appearance of Studio for said date and time, Clients agree to pay a retainer (herafter Appearance Fee) of $600 (non-refundable) upon the signing of this Agreement and is applied toward the grand total. Payment of the remaining balance is due 14 days prior to event date. Make payments to Tony Colasurdo, 36 Dowling Road, Albany NY 12205. 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.
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 or 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, a full refund is due, less appearance fee ($600).
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 negatives and/or 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 18 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. Studio averages 800-1400 deliverable images. 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.
Food
Meals for Studios photogrpahers and assistants at the above described event will be provided.
Photo Use
Permission is hereby given to Studio to use reporoduction 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.
Pricing
Current prices for items ordered and/or itemized as stated above will be guaranteed for 180 days after event date. If Clients' order is not placed within that time frame, items may be charge 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.
Pre-Wedding Consultation
This normally happens at the time of booking. The Clients will outline broadly what is required and the Photographer(s) will advise on planning, logistics and timings where needed. If required the Clients are welcome to pop in for an additional chat closer to the time of the wedding (about 2 weeks) to iron out the remaining details. In any case we will contact you by phone a few days before the wedding to ensure that there have been no last minute changes.
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 changing 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.
Arbitration
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.
Cooperation
The Clients and the Photographer(s) 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(s) be provided with a helper (usually the best man) who will point out key individuals to be photographed. The Photographer(s) may also require the assistance of the best man in organizing family groups. The Clients also agree to give the Photographer(s) sufficient warning of key events at the wedding to give the Photographer(s) 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(s) will use his discretion but cannot be held responsible for a lack of photos of these people.
The Schedule
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 Photographer(s) 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.
Paparazzi Wedding Guests
All your guests will have digital cameras and all your guests will want to photograph the Clients. In the spirit of cheerful cooperation the Clients agree to give the Photographer(s) precedence over the guests in order to take the photographs required for the wedding services described above. We cannot be held liable for a lack of wedding photos if guests taking their own photos of the Clients continually interrupt the Photographer(s)' work.
House Rules
Note the Photographer(s) are sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example some ministers insist that no flash photography is allowed, and others will insist that the Photographer(s) shoot from a specific location. In such circumstances the Clients agree to accept the technical limitations that may be imposed on the equipment used. We advise the Clients to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.
Copyright Law
The copyright of photographs remains with the Photographer(s). The Photographer(s) grants the Clients permission to make copies of the images under the following conditions. The images taken by the Photographer(s) are for personal use by the Clients and their friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographer(s).
Model Release
The Clients grant the Photographer(s) and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Clients hereby release the Photographer(s) and its legal representatives, heirs and assigns from all liability and claims in connection with the images.