This wedding photography contract is between Castle Avenue Photography, hereafter referred to as “Photographer”, and the bride and groom hereafter collectively referred to as “Client”, relating to their wedding.
In consideration of this arrangement between the parties and the fees to be paid as per outlined below, and for other good and valuable consideration, the parties now agree as follows. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. Client assumes responsibility for all collection costs and legal fees incurred should enforcement of this contract become necessary.
DESCRIPTION OF SERVICES Photographer’s artistic coverage of events in the city of Midland Ontario at Midland Inn & Suites, 736 King Street and Brooklea Golf and Country Club on the date of July 6, 2019 beginning at TBD for 10 consecutive hours. The package includes a USB (or USBs) of high-resolution digital images. The total package cost if the description of services is met is at a cost of $2500 to the client. The Client has the choice to purchase additional USBs of the original files prior to receipt of the package for $40 per USB. However, the Photographer does NOT guarantee archival of the digital files and will not be held responsible if loss occurs. Upon receipt of USB, Client accepts all responsibility for archiving and protecting the photographs. Photographer 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 format provided. It is Client's responsibility to make sure that digital files are copied to new media as required.
Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the wedding day and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
RETAINER AND PAYMENT
Upon signature, the Photographer reserves the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Client shall make a 25% retainer payment to book the date with Photographer. This retainer payment is non- refundable, even if the date is changed or the event is cancelled for any reason, including acts of God, fire, strike and extreme weather. The retainer fee is to be paid at the time of parties signing this Contract and is applied towards the photography package upon completion of this Contract.The Client understands and agree that the entire amount owed for the photography package described in this Contract is due before the wedding day and no later than 24 hours before photographer start time. The photographer will not arrive until full payment is made. No photographs will be taken until the Photographer is paid. A personal cheque (made payable to Camilla Thibideau), cash or e-transfer are accepted methods of payment. Photographs will not be released to the Client until payment has cleared. A $50 non-sufficient funds fee will be charged for any bounced cheque. The Photographer then shall have the right to immediately terminate this Agreement with no further obligation and not attend this event (retainer would be kept).
The wedding date and photography services are only confirmed when both the contract is signed and the retainer is paid. If the contract is signed and retainer is not received the service booking is not confirmed. If the photographer has another inquiry or changes their availability for your initial wanted day, they will connect with you and provide 24 hours from your response time to send payment. If no response is given from The Client within 48 hours of the initial attempt from photographer then The Photographer will move onto the new client. Verbal agreements are null and void; both retainer and contract must be signed and paid for confirmation.
If the Client should cancel the event for any reason and is at least three weeks prior to the event day, the Photographer agrees to refund all money paid, excluding the retainer fee. If Client fails to supply written cancellation as specified before the wedding date or cancels within 21 days of the wedding date, client shall be required to pay the full balance due. To consider a date change, the Photographer must first receive a written release of the current contracted date, which will null and void this written contract. If the Client needs to change the event date all money paid will transfer to the new date per a newly written and signed contract IF that date is available for the Photographer plus a fee of $300 if photographer cannot secure a new wedding client booking for original wedding date of at least 5 hours coverage. The new date must be within six months of the original day or the new contract will be subject to the Photographer's current rates. If the new date is unavailable with the Photographer and at least 21 days notice was given before the original event, the Contract will be cancelled and only the retainer will not be refunded. If the photographer is unavailable and less than 21 days notice was given full balance is still due.
The photographer can terminate the contract at any time and all monies paid by client will be refunded including the booking payment with no liability to the photographer. However, the photographer will work diligently in finding a suitable replacement.
LIMITATION OF SERVICES
The photographic services described herein shall be limited to no more than 10 hours of coverage total. Additional time, if requested, will be billed at $250 per hour and must be paid in full prior to the Client’s receipt of the work. A meal is required for the Photographer for events 5 hours or longer; ideally served in conjunction with Wedding guests’ meal in the main reception room so as to insure the best possible photographic coverage of the Wedding events. If no meal is provided, it is understood that the Photographer will require a break to leave the event at some point to purchase a meal taken out of the consecutive coverage time. This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an Independent Contractor.
LIABILITY OF PHOTOGRAPHER
Although the utmost care will be taken, the Photographer may be unable to deliver the photos due to unforeseen circumstances such as fire, casualty, act of God, illness, or any other cause beyond the control of the Photographer. In this case, the Photographer shall return all money paid and have no further liability with respect to this contract. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or memory card malfunction, or otherwise lost or damaged without fault on the part of the Photographer. In the event that the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the value of the Client's contract price stated herein.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 (a rescheduled session will be offered if applicable), or schedule complications caused by but not limited to, anyone in or at the event, or by location restrictions etc. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all requested poses or desired images will be delivered. 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. Re-shoots will not be scheduled and refunds will not be given for poor choices of clothing, make up, hair, or the cooperation of children and/or adults, or prep issues (i.e. not following the newborn session prep guide that is sent to the Client), or by not following the recommendations of the Photographer. The Client's cooperation is required before and during any session held with The Photographer. Photographer is not responsibility for any injury due to location choices for photographs or travel on route to them. This includes but is not limited to insect or animal bites, poisonous plants or any physical injury. Client(s) enter at their own risk to any location.
If Clients’ Assigned Photographer should become materially or physically incapacitated, prohibiting them from performing their services, such as dues to serious illness, injury, death in the family, pregnancy or unexpected causes beyond the control of Assigned Photographer, Castle Avenue Photography reserves the right to locate a replacement photographer of similar quality and experience. Clients shall be advised in the event that a replacement is needed and shall have the right to approve or disapprove of the replacement photographer. In the event Clients reject the replacement photographer, Clients agree that this agreement shall terminate and photographer’s maximum responsibility and liability is limited to the return to Clients of all unearned sums paid to date by Clients.
The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. The Photographer’s judgment regarding the location, poses and number of photographs taken shall be deemed correct. Photographs taken during the course of the event will be at the discretion of the Photographer although every effort will be made to comply with the Client’s requirements. The Photographer shall endeavour to photograph all individuals as requested by the Client at some point, but no responsibility will be taken by the Photographer on the occasion of leaving somebody out. The Photographer shall also endeavour to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or not recorded for logistical reasons. For a booking involving a church ceremony or at certain venues, the Photographer movements are sometimes restricted by the official in charge. The area from which the Photographer is able to cover the ceremony may not be the Photographer’s choice and the Photographer cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting may be restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited. The Client are strongly advised to check with the appropriate official before booking the date and submitting this contract.
The Client shall take any necessary action to ensure that Photographer is not hindered nor harmed in performing services for the Client. Family and friends will be permitted to photograph at the wedding as long as they do not interfere with the Photographer’s duties and do not photograph poses arranged by the Photographers, due to reasons of the Photographer delivering the quality of images as expected. Any breach of this agreement can constitute a reason for non-completion of the job with no liability to the Photographer.
Videographers and other vendors as well as semiprofessional photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions. Wedding guests may take photos but it is the full responsibility of Client to prevent family and friends from interfering with Photographer's duties. Photographer is not responsible for compromised coverage due to causes beyond his control such as other people's camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations or restriction of the venues or officiate.
Photographer is not responsible for existing backgrounds or lighting conditions which negatively impact or restrict the coverage. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up email for documentation.TERMS AND CONDITIONS
The Copyright Law of Canada assigns the copyright of the images to the Photographer, and all images shall remain the sole property of Photographer. The Photographer retains for life, the right to display any photograph covered by this Contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the Client. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Castle Avenue Photography.The Photographer hereby grants to the Client, a limited, non-exclusive, non-transferable, royalty-free license to reproduce, display and/or distribute the images, provided the Client complies with the condition that all such reproductions and/or displays are not intended for a commercial venture.Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the Photographer will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Please note that certain colours do not reproduce exactly in print. Prints made at different times, in different sizes, or printed from different print labs may be variable in colour balance. Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and prints will not necessarily match images rendered on any particular computer monitor.
The Photographer agrees to have the contracted order for the wedding photographs completed within a reasonable period of time from the day of the wedding. Delivery of clients full wedding gallery should be received between 4-9 weeks from their wedding day. Clients will receive their full gallery via a USB regardless, but an online gallery may be offered if there are any discrepencies with the post office at time of delivery (ex: strike). Also, any other additional photographic edit orders will be completed within 4-8 weeks of order placement. High resolution images and/or proof sets may contain a mixture of color, black and white, and selective color images.
ANY IMAGES DELIVERED IN BLACK AND WHITE THAT DO NOT HAVE A COLOUR COPY ARE A BONUS GIFT AND WILL NOT BE REPRODUCED IN COLOUR. EDITING
The Clients may NOT edit or alter any photos taken by the Photographer. This includes but is not limited to Instagram Filters, Quick Edit Apps, Photoshop, etc. Included is limited editing by Castle Avenue Photography such as: - colour correction - cropping - basic facial clean up to remove blemishes - basic skin retouching to remove scratches, bug bites, bruises etc and are all at the discretion of the photographer.
Extensive additional editing is available (if possible) for a fee: - complete background changes - background clean up requiring more than 5 minutes to retouch - extensive facial retouching such as adding make-up - body sculpting - head swapping. etc.
If an image is provided in black and white and not provided in colour it does not come in a colour format and requests for colour of this image(s) will be declined. RAW/UNEDITED IMAGES
Under NO CIRCUMSTANCES will the Photographer give the Client any RAW OR UNEDITED images. Requests for such images will be denied.
The Photographer will not be liable for print quality, cropping or colour defects of any photos that are printed at a consumer lab or through any other lab that the Photographer did not recommend. Quality guarantee only applies on orders placed through Castle Avenue Photography directly.
MINOR AND NON MINOR MODEL RELEASE
The Client hereby grants the Photographer and it's legal representatives the irrevocable and unrestricted right to use and publish photographs of the Client and/or the Client's minor children, or in which the Client and/or Client's minor children may be included with who is being photographed, for social media, blog, editorials, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client agrees that he/she is responsible for all parties involved with the agreed upon photo session. If there is an individual involved in the photo session who does not agree to the terms of this agreement the Client assumes responsibility for any liability. The Client hereby releases the Photographer and it's legal representatives and assigns from all claims and liability relation to said photographs.
Clients agree that photographer may use images from the Wedding for display, advertising, website, blog, and magazine submissions and any other means of promotion of photographer’s business, and photographer has the right to alter the images. Clients waive any right to payment, royalties or any other consideration for the use of the images. Clients waive the right to inspect or approve the finished product, including written or electronic copy, wherein Clients’ likeness appears. Photographer is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Clients, their heirs, representatives, executors, administrators, or any other persons acting on Clients’ behalf or on behalf of the Clients’ estates have or may have by reason of this authorization.
It is a breech of this agreement to not only reproduce the images, but to display them on social networking sites (Facebook.com, Twitter.com, Instagram.com etc.) without giving proper credit. If displayed on social networking sites, photos must contain photo credit to Castle Avenue Photography with a link/tag to Castle Avenue Photography's Facebook page (if posting on Facebook), a tag to @castleavenuephotography (if posting on Instagram), or a link to Castle Avenue Photography's current website: www.castleavenuephotography.com (if being shared on any other site).
a) Clients must provide photographer with a final timeline of events for the Wedding day no less than seven (3) days prior to the date of the Wedding, and Clients must promptly inform photographer of any additional timeline changes subsequently made. b) Clients must promptly inform photographer of any photography restrictions at the Wedding venue(s) as soon as Clients become aware of any such restrictions.c)Clients understand and agree that photographer shall not be answerable or liable in any way to any person not a signatory to this Agreement, including but not limited to, Clients’ parents and/or the bridal party.
All parties understand and agree to all that is above. Client(s) agree(s) to only sign if they have read and agreed to the terms of service in this contract and they believe all information is deemed correct to the best of their knowledge.