Elopement/ Civil Ceremony Contract for Mandy Blake Photography
AGREEMENT/JURISDICTION: The person(s) whose signature(s) appear on this contract or who is/are identified as the Primary Contracting Party, herein known as the "CLIENT", agree that Mandy Blake, herein known as the "PHOTOGRAPHER", shall provide services to photograph their wedding and/or related events to the best of her abilities, in the manner described in this document. 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. The laws of the Province of Ontario shall govern this contract. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
ENTIRE AGREEMENT: This agreement contains the entire understanding between the PHOTOGRAPHER and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any one part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
INDEMNITY: The Client shall indemnify and save the Photographer harmless from and against any and all claims of any nature and kind whatsoever made against the Photographer by any third party, including, without limitation, any guest at the session or the owner of the property at which the session/event was located, in relation to the ownership, use, reproduction, or otherwise, of any photographs taken by the Photographer hereunder in accordance with the terms of this agreement.
RESERVATION: A signed/submitted contract and retainer fee of a minimum of $300.00 CAD are required to reserve the date and time of the EVENT. If the EVENT is rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, any retainer fee amount paid is non-refundable and shall be liquidated damages to The PHOTOGRAPHER. The CLIENT shall also be responsible for payment for any of the PHOTOGRAPHER’s materials charges incurred up to time of cancellation.
RATES & FEES: The CLIENT agrees to pay the PHOTOGRAPHER the selected package rate as denoted below. Any coverage time above and beyond the allotted coverage time selected will be charged at a rate of $350 per hour, plus the applicable federal and provincial taxes of the CLIENT’S home province. In the event the PHOTOGRAPHER must travel beyond a 25 km radius of her home, a travel fee commensurate with the distance traveled will apply, with a base rate of $100.00 CAD. Travel time is exclusive of coverage time.
PAYMENT SCHEDULE: The aforementioned non-refundable retainer fee is due at the time of signing/submission of this agreement. The remaining balance is payable in full prior to or the day of the EVENT(S), unless otherwise noted. In the event 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 the EVENT(S). Returned cheques will be assessed a $50 non-sufficient funds (NSF) fee.
SHOOTING /COVERAGE TIME & ADDITIONAL TIME: The CLIENT and the PHOTOGRAPHER agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. The minimum coverage time available is TWO CONSECUTIVE and CONTINUOUS HOURS. All coverage time will be provided for the CONSECUTIVE and CONTINUOUS HOURS outlined in this agreement. If the CLIENT does not arrive at the appointed time for the EVENT, shooting will commence at the time of arrival time and end at the scheduled end time, with no extensions granted. All additional time beyond the scheduled end time will be billed to the CLIENT at the same hourly rate as detailed above in RATES & FEES, with partial coverage hours being prorated as necessary.
EVENT SCHEDULE/ITINERARY: The client agrees to confirm the schedule one week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the PHOTOGRAPHER by the CLIENT. PRODUCT PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. SAFETY: The PHOTOGRAPHER reserves to right to terminate coverage and leave the location of the EVENT(S) if the PHOTOGRAPHER experiences inappropriate, threatening, hostile or offensive behavior from any person(s) at the EVENT(S); or in the event that the safety of the PHOTOGRAPHER is in question.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless an alternative agreement, detailed in an appendix to this contract, is approved by PHOTOGRAPHER. RESPONSIBILITIES: The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive guests, lateness of the CLIENT(S) or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, rendering of decorations, or restrictions of the locations or event managers (such as the wedding coordinator or wedding officiant). The PHOTOGRAPHER is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The PHOTOGRAPHER is not held liable for missed coverage of any part of the EVENT(S). The PHOTOGRAPHER will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S). It is recommended that the CLIENT(S) provide(s) a detailed list of individuals/objects/event proceedings that the CLIENT wishes to have photographed and every effort will be made by the PHOTOGRAPHER to capture the requested images. VENUE AND
LOCATION LIMITATIONS: The PHOTOGRAPHER is limited by the rules and guidelines of the location(s) and 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 CLIENT's responsibility; the PHOTOGRAPHER will offer technical recommendations only. PERMITS: The CLIENT is responsible for acquiring and paying for all permits and obtaining necessary permission for all locations/properties at/on which the PHOTOGRAPHER will be performing services.
COPYRIGHT and REPRODUCTION: The photographs produced by the PHOTOGRAPHER are protected by Canadian Copyright Law (all rights reserved) and may not be reproduced in any manner without the PHOTOGRAPHER's explicitly written permission. When the CLIENT recieves their "Image DVD/USB", a full print release for the resulting images will be provided to the CLIENT. If the CLIENT has purchased an "Image DVD/USB" from the PHOTOGRAPHER, the PHOTOGRAPHER also grants the CLIENT permission to share the images on social networking websites and with family and friends as long as the images remain unaltered and textual credit is explicitly given to the PHOTOGRAPHER. The CLIENT must obtain written permission from the PHOTOGRAPHER prior to publishing or selling the photographs.
MODEL RELEASE: The CLIENT hereby assigns the PHOTOGRAPHER 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, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images. LIMIT OF
LIABILITY: In the unlikely event that the PHOTOGRAPHER is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the PHOTOGRAPHER, the PHOTOGRAPHER will make every effort to secure a skilled replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S). In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the PHOTOGRAPHER's control, including but not limited to camera, hard drive, or equipment malfunction, the PHOTOGRAPHER liability is limited to the return of all payments received for the EVENT(S). 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. The PHOTOGRAPHER is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: The PHOTOGRAPHER is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the PHOTOGRAPHER and will be selected using professional experience, judgment and care. Expect final delivery of the "Image DVD/USB" or "Digital Download Link" approximately eight to ten (8-10) weeks after the EVENT date. In the event of a medical or personal emergency affecting the PHOTOGRAPHER, or any other circumstances beyond the PHOTOGRAPHER’s control, please allow a delivery time of up to twelve (12) weeks. The client will be notified as soon as possible if such circumstances arise.
IMAGE USB/DVD/DIGITAL DOWNLOAD LINK: Upon receipt of an "Image DVD/USB" or "Digital Download Link", the CLIENT accepts all responsibility for archiving and protecting the photographs. The Photographer does not permanently archive image files. The 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 discs/USB flash drives provided. It is CLIENT's responsibility to make sure that digital files are copied to new media as required.
POST-PRODUCTION, EDITING AND ARTISITC STYLE: On its own behalf, and on behalf of the subject: The CLIENT acknowledges that he/she is familiar with the PHOTOGRAPHER’s style and has reviewed the PHOTOGRAPHER’s portfolio. The PHOTOGRAPHER cannot guarantee that the images resulting from the EVENT will be identical or similar in style, interpretation or colour to any current or previous portfolio examples; and that in creating the photos, the PHOTOGRAPHER shall use her personal artistic judgement to create images consistent with her personal vision of the EVENT, which vision may be different from that of the CLIENT’s. Accordingly, the CLIENT acknowledges that the photographs shall not be subject to rejection on the basis of the CLIENT’s taste or aesthetic criteria, nor for circumstances beyond the PHOTOGRAPHER's control, as outlined above and also including things such as hair, makeup and clothing choices made by the CLIENT. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER. The CLIENT may not alter, crop, or change the final, delivered images in any way, unless specifically permitted and acknowledged by the PHOTOGRAPHER. This includes Instagram or other social media filters (cropping for social media is permitted if necessary). The PHOTOGRAPHER strives to maintain consistency in image quality and post-processing and will provide images of the highest possible quality and style. As an artist, the PHOTOGRAPHER reserves the right to create images that reflect an individual artistic interpretation and vision. The PHOTOGRAPHER does not guarantee a minimum number of images that will be received by the CLIENT, but every effort will be made to provide images representing full coverage of the EVENT and the persons involved therein. The CLIENT can expect to receive approximately 30 retouched images for each hour of event coverage. The PHOTOGRAPHER does NOT release any unedited or RAW images under any circumstance.