CHANGE OF DATE OR VENUE
Hugh Clarke must be notified immediately of any changes in schedule or location, at least one week prior to the 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 (time, etc.) as listed, you must notify Hugh Clarke.
A non-refundable retainer fee of $250 is required to hold the date of your event. No date is reserved until a retainer is received. The balance of the complete package price must be paid at the date specified herein. If final payment is not received as set forth herein, Hugh Clarke reserves the right to withhold delivery of the images and or not attend the wedding until payment is received. Upon clients signature and payment of retainer fee, Hugh Clarke agrees to reserve the date and time specified. The retainer fee is applied towards the final contracted wedding package.
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 date, the client shall pay the balance of the contract due to the high probability that Hugh Clarke 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 Hugh Clarke. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform Hugh Clarke of the cancellation. The retainer fee will be transferable up to 365 after cancellation. The client agrees to not expect a new date to automatically be available. The client will be given the chance to reschedule but cannot be pushed ahead of other reserved clients.
FAILURE TO PERFORM
Due to the limited and subjective nature of the event Hugh Clarke cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The photographer is not responsible for lost photo opportunities due to any kind of equipment malfunction, the lateness of the event couple, or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, 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 Hugh Clarke will be used for organizational purposes only and in no way represents photography that will actually be produced. Hugh Clarke will do her best to fulfill all requests but can make no guarantees all images will be delivered. Clients are responsible for all location fees and permits.
UNFORESEEN CIRCUMSTANCES CLAUSE
If Hugh Clarke 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 or other causes beyond the control of the parties, or due to the photographers illness, then Hugh Clarke shall return any moneys 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 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 Hugh Clarke.
INCLEMENT WEATHER CHARGE
In the event of severe weather, including but not limiting, a blizzard, severe rain storm or other unforeseeable events Hugh Clarke may make the decision that it’s unsafe to drive home, and hotel stay will be billed to the client.
It is NOT required for the client to schedule a pre-event consultation before the event-date to finalize the actual shooting times and location. Hugh Clarke can successfully communicate all event details via email or phone. If the client requests to meet, the must be willing to meet near the photographers location.
WEDDING COORDINATOR/EVENT GUIDE:
If the ceremony or reception provides a "COORDINATOR/ EVENT GUIDE", the client is responsible for communicating all day of information. Including, but not limited to: time line, itinerary, schedules, etc.; with Hugh Clarke prior to the wedding day. One week prior to the wedding date, Hugh Clarke will provide the client with a specialized day of itinerary. THIS IS TO BE SHARED WITH ANY PARTIES INVOLVED IN THE WEDDING INCLUDING THE WEDDING COORDINATR/EVENT GUIDE.
Hugh Clarke shall be the exclusive photographer(s) retained by the client for the purpose of photographing the wedding. Family and friends of the clients and other wedding vendors shall not interfere with the photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of wedding services to ensure proper exposure of images. Additional professional photographers may be employed only with prior written permission from Hugh Clarke. Guest photographers may NOT be active during the ceremony and will not be allowed to photograph during family and individual portraits. Hugh Clarke spends special time planning and posing your photographs and asks that guest NOT intervene. Hugh Clarke will request your intervention if a guest is inhibiting our ability to full document your wedding.
It is the clients’ responsibility to schedule and receive permission to use various locations for photography, including the wedding and reception locations and any other locations used during the day. Should a location require a payment, this payment will be paid by the clients.
All photos created by Hugh Clarke are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Hugh Clarke to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Hugh Clarke' express written permission. The client may print (on their own) their personal wedding photographs with the written consent of Hugh Clarke only once in possession of the digital images, whether via ClarkePhotoStudios.com or DVD sold separately. The negatives/digital files remain sole property of Hugh Clarke and will never be given or sold.
Hugh Clarke agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images:
i) Display the images;
ii) Print the images;
iii) Upload, email, or electronically transfer the images or files; and,
iv) Publish the images on personal websites or social media websites
*This applies only if giving Hugh Clarke credit. A description must be made by the client stating ‘Copyright Hugh Clarke Please do not copy/paste or edit in any way’.
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY HUGH CLARKE
MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES
Hugh Clarke, as a photographer and artist with whom Clients entrusts photography to, retains the judgment to remove any image(s) from the proofs that it deems bad or irrelevant.
The wedding couple agrees to reimburse Hugh Clarke for all reasonable expenses relating directly to the wedding event itself. For example, parking fees, destination travel fees, accommodations, etc. Hugh Clarke will bill the wedding couple after the event. Both parties agree to discuss this thoroughly to avoid any surprises as to what will constitute an expense and Hugh Clarke agrees to supply expense receipts if so requested. ONE EXCEPTION: A gas fee of $20 will be applied prior to wedding day if the wedding location is over 30 miles outside of Washington, D.C. Outside 60 miles of Washington, D.C. is a $40 fee. Outside 75 miles, see charges below.
EVENT FOOD SERVICE
Wedding couple does agree to provide a meal for Hugh Clarke and those employed by photographer.
Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by Hugh Clarke in the event that enforcement of this contract becomes necessary. All legal action shall take place in the District of Columbia.
Hugh Clarke cannot be held responsible for damage to garments during environmental events. Client is responsible to arrange personal assistance for wedding garments. Hugh Clarke will not put any parties in a situation (unless requested by bride or groom) that will cause harm or damage to special garments. However, to achieve certain photos, the clients agree that will trust the discretion of Hugh Clarke and assistants.
Images may be edited at the photographer’s discretion, and delivered images may not include all images shot. The photographer reserves the creative right to edit and release only those deemed professional in quality and within the photographer’s artistic standards. By signing this contract, the client is aware of the style of photography that Hugh Clarke produces.
In the event of illness or sudden event out of the control of both parties, Hugh Clarke will attempt to substitute a photographer at no cost to client. This contract will be transferable to said photographer.
The parties agree to positive cooperation and communication.
*Offerings [excluding prices] are subject to change without notice. The most up to date contract will immediately apply to any client that has already signed.
STORAGE OF IMAGES
Due to the lack of information about how long CDs/DVDs can hold information, Hugh Clarke recommends you back up your images on another media format other than CD/DVD. Hugh Clarke also recommends making multiple copies of CDs/DVDs every year to insure the images for years to come. Hugh Clarke cannot be held responsible for the failure of CDs/DVDs due to mishandling. It is the client’s responsibility to keep several copies of any CDs/DVDs in more than one location, and back the images up on another format such as a hard drive. This is the same for the use of Dropbox.com. Once the images are in the hands of the client, it is the client’s responsibility to download and save the images. Backing up your images is very important.
THE UNDERSIGNED HEREBY ACKNOWLEDGE THAT THEY HAVE RECEIVED, READ, AND
UNDERSTAND THIS AGREEMENT’S CONTENTS.
Permission is hereby granted to Hugh Clarke to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The laws of Indiana shall govern this agreement.