TERMS AND CONDITIONS:
ENTIRE AGREEMENT: This agreement contains the entire understanding between BEATRICI PHOTOGRAPHY and THE CLIENT.
It supersedes all prior and simultaneous agreements between the parties. It is mutually agreed that the following terms of agreement form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by both BEATRICI PHOTOGRAPHY and THE CLIENT, in writing.
1. INITIAL PAYMENT: Upon completion and sending the document, BEATRICI PHOTOGRAPHY will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason all fees paid are non-refundable, if the shoot cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The initial payment is to be paid at time of signing the contract. The initial payment is applied towards the contracted photography service.
2. BALANCE: THE CLIENT understands and agrees that the entire amount owed for the photography service described in the contract is due two weeks prior to the engagement shoot / pre wedding shoot.
3a. CREATIVE LICENCE: BEATRICI PHOTOGRAPHY shall be granted creative and artistic license in relation to the choice of locations and poses used. Only post processed images selected by the photographer BEATRICI PHOTOGRAPHY will be provided in .JPEG format.
Judgement on photographic style and the number of photographs taken shall be deemed correct. Due to changes of the weather and the availability and willingness of subjects BEATRICI PHOTOGRAPHY will do their best to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. On its own behalf, and on behalf of the subject, THE CLIENT acknowledges that they are familiar with BEATRICI PHOTOGRAPHY’s portfolio and are requesting services with knowledge of BEATRICI
PHOTOGRAPHY’s style; that BEATRICI PHOTOGRAPHY’s work is constantly evolving; that BEATRICI PHOTOGRAPHY’s services are of unique and artistic nature; that the photos may be different from photographs taken by BEATRICI PHOTOGRAPHY in the past; and that in creating the photos, BEATRICI PHOTOGRAPHY shall use his personal artistic judgment to create images consistent with his personal vision of the event.
3b. EDITING: BEATRICI PHOTOGRAPHY will provide a pleasing colour balance and enhance the images as she see’s fit, but cannot guarantee exact colour matching.
3c. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. BEATRICI PHOTOGRAPHY 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 BEATRICI PHOTOGRAPHY.
4. EXCLUSIVITY: BEATRICI PHOTOGRAPHY shall be the sole professional (still) photographer(s) at the location specified.
5. COPYRIGHT LAW: The copyright of photographs remains with BEATRICI PHOTOGRAPHY. BEATRICI PHOTOGRAPHY grants THE CLIENT permission to make copies and prints of the images under the following conditions. The images taken by BEATRICI PHOTOGRAPHY are for personal use by THE CLIENT and their friends and relatives.
Sale, any Commercial use of the photographs is not allowed without prior written permission from BEATRICI PHOTOGRAPHY.
THE CLIENT must obtain written permission from BEATRICI PHOTOGRAPHY where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.
6. MODEL RELEASE: THE CLIENT hereby grants BEATRICI PHOTOGRAPHY the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included for editorial, trade, advertising or any other purpose and in any manner and/or medium considered standard by the photography industry. Such mediums/purposes include, but are not limited to: advertising, internet promotion, photographic contests, public displays, social media, photography books, blogs, sample albums, and any other use thought proper by BEATRICI PHOTOGRAPHY and considered standard by the wedding industry.
7. FORCE MAJEURE: BEATRICI PHOTOGRAPHY makes every effort to produce the highest quality photographs possible, including using professional grade equipment, professional grade backup equipment, and making multiple backup copies of images. However, in the unlikely event of total photographic failure, injury or sickness beyond BEATRICI PHOTOGRAPHY’s control, liability shall be limited to a full refund of all monies paid, including the retainer. The limit of liability shall not exceed the contract price stated herein.
The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Your statutory rights are not affected.
8. PHOTOGRAPHERS CANCELLATION: In the unlikely event that BEATRICI PHOTOGRAPHY has to cancel this contract for reasons beyond her control, (death, injury, sickness, or other circumstances beyond the control of the photographer etc.) a substitute photographer of high qualifications, similar skill, style, pricing, and product offerings may be sent to fulfil the obligations of the photographer herein contracted. If a substitute photographer is provided, THE CLIENT has the right to refuse to accept the substitute photographer and may instead terminate this agreement and receive a full refund of all monies paid.
If you, THE CLIENT, cancel your contracted photography services with BEATRICI PHOTOGRAPHY, the full retainer fee THE CLIENT has paid will be non-refundable. Should the cancelled shoot turn out to be a postponement, then, subject to availability, all money paid may be applied to the new shoot. In this case, the total fees chargeable shall be the fee which applies at that time.
9. COMPLETION SCHEDULE: Digital processing (editing) takes approximately 4 to 6 weeks.
When BEATRICI PHOTOGRAPHY is finished processing the client’s photos, they will be uploaded to an online gallery and/or delivered to THE CLIENT according to the specifics of THE CLIENT’S purchased photography service. The client must download and back up their images as the online gallery expires within 3 months.
10. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the client at the time of acceptance of this contract shall be recognized as amendments.
11. PRIVACY: BEATRICI PHOTOGRAPHY will store your name and details on a private internal database. These details will not be made available to companies or individuals outside of BEATRICI PHOTOGRAPHY.