Event Schedule and Venue
The Client agrees to make every effort to inform the Photographer of any changes and/or deviations in the earlier communicated schedule or duration of events. The Client also agrees to arrange the necessary accommodation and make travel arrangements from and to the event venue. If the coverage duration exceeds what was agreed upon earlier, the excess is additionally chargeable on an hourly basis.
Booking and Payments
To reserve dates for a wedding event, a non-refundable and non-transferable booking fee which is equal to 50% of the total photography fee needs to be paid. The remaining balance is payable in full prior to or on the day of the event. In the event that the Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend this event.
Cancellations and Refunds
In the event that Client cancels the wedding event, the booking fee is non-refundable and shall be liquidated damages to the Photographer. The Client shall also be responsible for payment of any of the Photographer’s materials charges incurred up to time of cancellation. Cancellation must be made in writing and if the Client fails to supply written cancellation as specified before the wedding date or cancels within 30 days of the wedding date, Client shall be required to pay the full balance due.
In the event that Client reschedules the wedding and Photographer is able to rebook the original wedding date, Client will receive credit for the booking fee already paid. A new contract may be required. The new package price will reflect pricing in effect when the date change occurs.
In the event that Client reschedules the wedding and Photographer is not able to rebook the original wedding date, Client forfeits the booking fee. A new contract may be required. The new package price will reflect pricing in effect when the date change occurs.
In the event that Client cancels part of the events planned, then 50% of the fee pertaining to the cancelled days/events shall be liquidated damages to the Photographer.
Limit of Liability
If Photographer is unable to perform any or all of the duties herein for any reason including but not limited to fire, transportation problems, acts of God, accident, natural calamities, illnesses or technical problems and if the Photographer cannot provide another competent professional to cover the event, all money received by Photographer, minus expenses, will be returned to Client, and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any other reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
Copyright, Reproduction and Model Release
The Photographer owns all rights to the photos and the work created is protected under the copyright law. The Client has limited non commercial usage rights to the images.
The Photographer is permitted to use the images for his own branding/promotions, in his portfolio on his personal website as well as other websites/social media on which the Photographer’s work is marketed or promoted. If the Client wishes to own exclusive rights on the images or use them commercially, this is available at an additional fee and needs to be communicated to the Photographer prior to taking delivery of the images.
The Photographer retains the right to use the photographs for the purposes of advertising or otherwise promoting his work. Client agrees not to sell any of the files or prints without written permission from the Photographer. The Client agrees to have themselves and others in their photographs pictured in such a way. The Client agrees that this agreement serves as a model release to allow the use of their photographs (of themselves) for the Photographer’s business purposes.
Social Media usage
This clause applies to all social media, including Facebook and blogs. The Client is permitted to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the Photographer. The Client agrees that they will under no circumstances alter the photographs that are placed in public on the internet. The Client agrees to be responsible for any family member or friend who posts the photographs online and agrees that they cannot be altered in colour, or edited in any way.
Satisfaction and Accuracy
The Client agrees that the work delivered will be of a similar style and calibre to those photographs on the Photographer’s website and blog, and that the Photographer will have complete creative control during the photography and in post-processing. The images will be delivered only in JPEG format with a mix of colour and black and white images, and deemed appropriate by the Photographer. No re-editing will be done after the final edited copies are presented to the Client.
The Client agrees that the Photographer can only capture the wedding that happens; weather, location, decor, lighting, obtrusive guests, other videographer/photographer’s light setup, schedule complications, time restraints and subject’s ability to cooperate, are all factors in the quality and quantity of the photographs. The Photographer will not edit for physical size, hair, nor any other physical appearance issue other than minor skin blemishes. The Client agrees that it may not be possible for the Photographer to be at every place in a wedding and that there may be certain moments that are not photographed although full efforts will be made not to miss anything. The client agrees to take responsibility for procuring all or any props required for any concept photos.
The Photographer shall capture candid images during the events. The Photographer shall make reasonable efforts to capture requested images, but is unable to promise/guarantee specific photographs. The Photographer shall not be responsible for conventional stage group photos (unless agreed upon) and such requests will be turned down politely. The Photographer shall not shoot pictures of the dining and/or guests eating. The Photographer shall shoot pictures of only the bride and groom dining and only if the Client explicitly requests for those pictures.
Travel and Accommodation
The Client agrees to arrange suitable accommodation close to the venue and also arrange travel and transport from/to the venue to photograph the events.
Deliverables and Delivery Schedule
Standard deliverables include images in soft copy on a DVD, a web album (which will be active for a period of 3 months from the date it is made available) and a premium quality printed album.
The Client agrees that images will be delivered only after they are fully edited and post processed and that this process may take upto 6 weeks from the date of the event or date of final payment (whichever is later) to deliver the images in soft copy.
The Client is then required to select the images to be included in the printed album and once that list is shared with the Photographer, an online proofing of the album will be sent to the Client within 4 weeks of receiving the list of selected images. The album will be sent for printing only after the Client approves the layout. The default book size is 12”X15” and will contain between 60-70 pages. All the images in the album will only be squares or rectangles and page backgrounds will only be white or black. No graphic elements or text will be included in any of the pages. Only the couple’s name and wedding date will be included in the first and/or cover page. The features of the album including but not limited to the design of the album, the cover material, the colour, the cost, etc. are all subject to change without prior notice.
One DVD & One Album is the standard quantity for all events (unless otherwise agreed upon). The shipping and handling for this quantity will be borne by the Photographer as long as it is shipped within India (and the location has shipping options available). For additional quantities of the DVDs & albums and for deliveries outside India, the Client agrees to bear the shipping and handling fee.
Retention of delivered files
Once the JPEG files are delivered to the Client, it is the Client’s sole responsibility to protect and retain their images for the future. It is highly recommended that DVDs or USB drives be duplicated and stored in multiple locations that are cool and dry. If Client requires old files to be duplicated by the Photographer, and they are still within the Photographer’s possession, a restocking fee may be applied.
The Client agrees to have read, understood and agrees to all the terms and conditions of this contract. Each person mentioned as Client shall be fully responsible for ensuring that full payment is made pursuant to the terms of this contract agreement.