Terms of Service
This Wedding Photography and/or Videography Contract is made between you (hereinafter referred to as "The Client") and LYNDAL CARMICHAEL PHOTOGRAPHY (hereinafter referred to as “The Studio”).
This wedding photography and/or videography contract is hereby effective and binding when accepted by the Client. Both parties agree that this Contract is as legally binding and effective as if it had been executed in each others presence. The parties agree that all information including any subsequent information provided in writing (including by email) forms part of the contract (hereinafter referred to as "the Contract”).
1. PERFORMANCE OF WORK
1.1 The Client authorises the Studio to arrange the photography and/or videography of their Wedding, in accordance with the information provided by the Client.
1.2 The Client agrees to make every effort to co-operate in order for the Studio to fulfill its contracted photographic and/or videography duty. The Client acknowledges that the Studio cannot accept responsibility for the 'extent' of the photographic and/or videography coverage if the Client does not co-operate with the Studio, if the details provided are incorrect or if the Client chooses not to follow the agreed to schedule or weather or other incidents cause interruption.
1.3 To avoid disruption to the photographic and/or videography coverage and to allow the Studio to fulfill its contracted duty, other photography and/or videography by family and friends will be at the discretion of the Studio. No other photographer and/or videographer using professional equipment will be allowed to take photographs and/or video at this event during the times that the Studio is contracted to do so.
1.4 Should the nominated Studio or photographer and/or videographer not be available for any reason, the Studio will notify the Client of the change as soon as it is known and provide another Studio or photographer and/or videographer with equivalent skills or provide a refund, whichever is the choice of the Studio.
1.5 The client agrees to set aside at least 190 minutes before the commencement of the wedding ceremony and at least 120 minute time frame afterward to capture you and your fiancé’s preparation, family, bridal party and couple moments. If either you or your fiancé’s late arrival (or any other reason outside of the control of the Studio) prevents this 120 minute window from occurring, the Studio shall not be held liable for failure to take desired photographs and/or videography.
1.6 The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. The Studio is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to the Studio.
1.7 The photography and/or videography schedule and selected methodology are designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties involved. The parties hereto agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, the Studio will not be held liable for any photographs and/or videography not taken.
1.8 The Studio is limited by the guidelines of the ceremony official or the reception site management. The Client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the responsibility of the Client; the Studio will offer technical recommendations only.
2. OWNERSHIP RIGHTS AND USAGE:
2.1 The Client acknowledges that the Studio owns the Copyright to all images and footage.
2.2 The digital files and/or prints produced by the Studio are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without the Studios explicit written permission.
2.3 Limited copyright ownership of the resulting digital files (.jpgs and/or .mov) will be transferred to the Client. The digital files are the property of the Client for personal use only.
2.4 The Client has permission to copy, reproduce and enlarge any digital image provided; it will be for non-commercial and personal use only. The Client agrees not to edit or alter the content, format or quality of the files or to not use any image or copies of any image for profit, sale or competition.
2.5 The Client grants the Studio and its legal representatives the irrevocable and unrestricted right to use any image or footage or copies of any image in print and /or digital media, online media, portfolios, promotion and advertising, and competitions or any other use in digital or print format.
2.6 The Client grants the Studio and its agents and assigns, the irrevocable and unrestricted right and permission to use or alter any photographic images or footage of the Client, or in which it may be included in any media now or hereafter known for any other purpose whatsoever. The Client hereby releases the Studio and its agents and assigns from all claims and liability relating to the use of the said photographs and/or videography.
2.7 The Studio and the Client have the right to use any images in accordance with this contract anywhere in the world.
2.8 The negatives / digital files remain the property of the Studio for life and will be kept on file for a period of 7 years.
2.9 The Client acknowledges that materials and technology change constantly, and acknowledges that any request for images will be provided at the Studio’s discretion in a format decided by the Studio.
3.1 The Client agrees that it is responsible for informing all people who may appear in any images and/or footage of the terms of the contract in relation to use of images. The Client agrees to obtain any necessary release from such people, granting the Studio and its agents and assigns, the irrevocable and unrestricted right and permission to use or alter any photographic images or footage of them, or in which they may be included in any media for any other purpose whatsoever, and releasing the Studio and its agents and assigns from all claims and liability relating to the use of the said photographs and/or footage.
3.2 The Client accepts responsibility to contact the Studio at least one (1) week prior to the Wedding to confirm details are correct and there are no alterations.
3.3 Any special requests for photos to be taken (ie You & Father, Your Fiancé & their Grandparents etc) should be arranged by the Client, and a list of these arrangements forwarded to the Studio in writing no later than one (1) week prior to the Wedding.
3.4 The Client must supply all timings at least two weeks before the Wedding date (Keeping times in accordance with 1.5). The Studio cannot be held responsible if the schedule of the day is changed without prior notification by the clients in writing.
3.5 The Client agrees to immediately advise the Studio in writing of any alterations in the details listed herein including postponement or cancellation of the wedding.
3.6 The Client agrees that it will be responsible for the provision of any insurance required to cover the event and any incident that may occur to any person or equipment (other than the photographers and/or videographers equipment) during the event.
3.7 The Client agrees to advise the hairdressers and make-up artists, the car hire company, the caterers and all other associated persons/businesses and service providers of all the relevant times, details and locations as detailed herein and to coordinate their services. The Client will direct all other service providers to provide any needed information and cooperation to the Studio. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. The Client should share the photography schedule with other service providers to make sure that there is no conflict in times
3.8 The Studio agrees that the package selected will be provided to the Client within the time stated unless agreed otherwise in writing between the Studio and the Client. Completion Schedule: Digital processing takes approximately 8-12 weeks.
The completion of Albums can take several months after the digital images are delivered. Especially over any holiday periods due to closer times of suppliers.
3.9 The Client is responsible for the conduct of their guests. The Studio will not accept misconduct on behalf of the Client or the Client's guests. If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer and/or videographer, it will result in the early or immediate departure of the photographer and/or videographer. The Client understands that in such an event, no refunds will be granted.
3.10 The Client acknowledges that the Studio is not responsible for the images once they are in the possession of the Client.
3.11 The Client acknowledges that the Studio has no control over the environment in which the photographs are kept once taken by the Client and that colour photographs, in common sensitised material and colour dyes, have limited life expectancy when exposed to strong and prolonged sunlight or fluorescent light sources. Photographs will retain their colour and brilliance much longer when displayed under better lighting conditions.
3.12 The Client recognizes that materials and technology changes constantly so required orders must be placed as soon as possible to obtain the optimum quality.
4. PAYMENT REQUIREMENTS:
4.1 The Client agrees that payment of the initial booking fee confirms the booking with the Studio.
4.2 The Client agrees to pay a fifty percent (50%) booking fee to the Studio at the time of booking. The Studio will not hold any date open without receipt of booking fee. The said booking fee is non-refundable for any reason, except if this contract is cancelled by the Studio.
4.3 The Client agrees to pay the balance owing (ie. the full costs less the amount of booking fee received) no less than forty (40) days prior to the date of the wedding. Failure to do so gives the Studio the right to refuse to carry out the photographic and/or videography service.
4.4 In the event of cancellation or postponement of the wedding the Client agrees that the booking fee will be forfeited.
4.5 In the event of postponement, the Studio may allow the Client a period of twelve (12) months during which to reschedule the event. Such rescheduling may be subject to annual price increases.
4.6 The booking fee and balance paid is also non-refundable if the contract is cancelled by the Studio due to misbehavior or misconduct or other difficulties on the part of the Client. The Studio has the right to assess any such situation and make this decision and shall not be held accountable or liable for any such decision.
4.7 The booking of and any additional costs incurred for booking venues, locations etc are the responsibility of the Client.
4.8 Should the Client wish the Studio to place orders for the printing of images, albums or other products, contact should be made with the Studio to discuss the various options and costs. Orders require written confirmation with payment before the order can be processed. Additional charges may be incurred for postage. A travel allowance may be payable for delivery if agreed upon.
5.1 The Studio shall make every effort to carry out this assignment in a professional manner and to provide high quality photographic and/or videography services.
5.2 The Studio's discovery of new information changes to agreed circumstances, or other factors, which tend to circumvent its policies, may result in its withdrawal. Non-cooperation, changes in locations, facilities or available times, missed appointments and late payments are examples of contributing factors. Should the Studio initiate the withdrawal, all fees will be returned, excluding booking fee as well as fair market value for all services/products already provided. In case of withdrawal, $100.00 an hour will be charged for all photography and/or videography services already provided and $50.00 an hour will be incurred for all other services, consultations and driving time, rounded up to the nearest half-hour.
5.3 The Studio will not be held liable for elements beyond its control. Elements beyond the Studio’s control include acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control, faulty material, equipment failure, theft or loss of or damage to equipment or images, damaged and exposed film, loss of film/photos/negatives/images/footage in transit between the site or sites of shoot and the Studio, and between the Studio and professional laboratories employed by the Studio, loss or damage to film, negatives, images, files and proofs during processing and developing either by the Studio or professional laboratories employed by the Studio, industrial disputes, civil disturbances, or weather conditions, medical conditions, emergencies or natural events or any other condition or factor which may inhibit or prevent the Studio completing in whole or in part this assignment. In this case the Studio shall not be liable for its complete performance of the assignment.
5.4 The Studio and Client agree that the Studio is not responsible or will not be liable for any of the above or for any other damages, emotional, financial or other. It is agreed that should the Studio be unable to provide a re-shoot, then the Studio shall not be held liable for any other refund paid under this agreement, with the exception to matters discussed within this Contract, which shall be in full and final satisfaction of any damage or loss suffered. Such decision shall be at the Studio’s discretion.
5.5 The Client hereby waives any right or claim that it may have to inspect or approve any products or copy used in connection with any of the Photographic Images and/or videography, or which it may have with respect to any alteration or distortion of any of the Photographic Images and/or videography and with respect to the publication of the Photographic Images and/or videography in any form.
5.6 Although every possible care will be taken to produce photographs and/or videography of all important and special events during the wedding, the Studio cannot place an unconditional guarantee on the above and will not be held responsible for any ruined photographs and/or videography due to guests’, guests' (or any other) flashes, or any other ruined photographs and/or videography due to any other cause in or outside of the control of the Studio.
5.7 If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
5.8 This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the Client and the Studio shall be recognised as amendments to this contract.
5.9 Reference to the Studio also includes its representatives or any person or business assigned to or in the employ of the Studio.