WEDDING/ Quinceanera PHOTOGRAPHY
CONTRACT
Wedding Date and Time:
__________________________________________________ ___________
Bride’s Name:
__________________________________________________ ____________________
Phone:
___________________________________ Fax:
___________________________________
Address:
__________________________________________________ _______________________
__________________________________________________
______________________________
email:
__________________________________________________ ________________________
Groom’s Name:
__________________________________________________ ___________________
Phone:
___________________________________ Fax:
___________________________________
Address:
__________________________________________________ _______________________
__________________________________________________
_______________________
email:
__________________________________________________ _________________________
Time Photography Session Starts:
_______________________ Ends:
________________________
Amount of Guests:
_________________
Other Photography Sessions agreed on:
______________________________________________
Wedding Chapel Location:
__________________________________________________ ________
Wedding Official and Contact Number:
____________________________________________
__________________________________________________
_______________________
Wedding Reception Location:
__________________________________________________ _______
__________________________________________________
_______________________
Wedding Reception Manager and Contact Number:
_________________________________
__________________________________________________
_______________________
Bride’s Dress-up Location:
__________________________________________________
_________
__________________________________________________
_______________________
Wedding theme: please
specify colour scheme / traditional / formal / informal / casual etc.
__________________________________________________ _______________________
Wedding Attire: describe
bride, groom and wedding party attire
__________________________________________________
_______________________
Photography fee agreed on:
R_________________ (plus applicable expenses as described in the contract). A
deposit of 50% (R______________) is due when this agreement is signed, and the
balance (R_______________) is to be paid on the date of delivery of sample
photograph CD.
Additional Expenses: THE
CLIENT is responsible for all travel, accommodation, meal and transport costs
unless provided by THE CLIENT.
WEDDING PACKAGE AND SERVICES INCLUDED FOR THE FEE STATED
ABOVE:
__________________________________________________
_________________________________
__________________________________________________
_________________________________
__________________________________________________
_________________________________
1.
ENTIRE AGREEMENT:
This agreement contains the entire understanding between Jasmin Photo and THE
CLIENT. It supersedes all prior and simultaneous agreements between the parties.
The only way to change or add to this agreement is to do so in writing, and
providing the document is signed by all the relevant parties.
2.
RESERVATION:
Upon your signature, Jasmin Photo will reserve the time and date agreed upon,
and will not make other reservations for that time and date. For this reason,
the Reservation Deposit of 50% is non-refundable, even if the date is changed or
the wedding cancelled for any reason; including acts of God, fire, strike and/or
extreme weather. The Reservation Deposit is to be paid at time of signing the
contract. The Reservation Deposit is applied towards the contracted wedding
photography package. THE CLIENT understands and agrees that the entire amount
owed for the wedding photography package described in the contract is due on
delivery of the sample CD.
3.
SAMPLE CD DELIVERY:
After the wedding, Jasmin Photo will provide
THE CLIENT with a watermarked low resolution Sample CD. This Sample CD will
contain all photographs (in both colour and black and white) taken at the event.
All photographs will have a watermark embedded, prohibiting unauthorised use.
THE CLIENT should as soon as possible provide Jasmin Photo with a list of
desired images to be printed, enlarged and/or digitally manipulated
(corresponding to the amount of prints agreed upon in this contract). The list
should specify which images should be in colour, black and white or sepia.
Printing of photographs cannot commence prior to Jasmin Photo’s receipt of this
list. THE CLIENT agrees if the balance is not paid on initial sample CD
delivery, Jasmin Photo will NOT make a final delivery of selected prints,
incurring no liability to Jasmin Photo and resulting in loss of Reservation
Deposit by THE CLIENT.
4.
CANCELLATION:
In the event that THE CLIENT cancels the
contracted services for wedding photography outlined in this contract before the
wedding ceremony takes place, the deposit will be forfeit. Jasmin Photo agrees
to refund all additional paid money (less expenditures for which receipts will
be provided), to THE CLIENT.
5.
PRE-EVENT CONSULTATION:
The parties agree to a pre-event consultation before the wedding date in order
to finalise the actual shooting times and locations.
6.
EVENT GUIDE:
THE CLIENT will be responsible for (or have
someone designated for this responsibility) identifying people/objects of
whom/which specific photographs are desired. The photographer will NOT be held
accountable for not photographing desired people if there is no one to assist in
identifying or gathering people for the photograph(s).
7.
90 MINUTE WINDOW:
The bride and/or groom agree to set aside at least 30 minutes before the
commencement of the wedding ceremony and a 60 minute time frame afterward for
photographs that cannot be obtained during the ceremony or reception. The 60
minutes following the ceremony includes group photographs. If either the bride’s
or groom’s late arrival (or any other reason outside of the photographer’s
control) prevents this 90 minute window from occurring, Jasmin Photo shall not
be held liable for failure to take desired photographs.
8.
COOPERATION:
The parties agree to positive cooperation and communication for the best
possible result within the definition of this assignment. Jasmin Photo 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
Jasmin Photo. Jasmin Photo recommends that THE CLIENT designate an "event guide"
(see PRE-EVENT CONSULTATION above) to point out important individuals to
the photographer, whom THE CLIENT wishes to include in informal or candid
photographs.
9.
SHOOTING TIME / ADDITIONS:
The photography schedule and selected methodology are designed to accomplish the
goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE
CLIENT and Jasmin Photo 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, Jasmin Photo will not be held
liable for any photographs not taken.
10.
HOUSE RULES:
The photographer 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 CLIENT'S responsibility; Jasmin Photo will offer
technical recommendations only.
11.
DIGITAL NEGATIVES, PRINTS and COPYRIGHTS:
The photographs, digital negatives or prints produced by Jasmin Photo are
protected by Copyright Law (all rights reserved) and may not be reproduced in
any manner without Jasmin Photo’s explicit written permission.
Upon final payment by THE CLIENT, limited
copyright ownership of the resulting images will be transferred to THE CLIENT
under the following conditions:
· The negatives and/or slides
are the property of THE CLIENT for personal use and for the purposes of the
reproduction and distribution of photographs to friends and relatives.
·
THE CLIENT must obtain written permission from, and compensate
Jasmin Photo
prior to an event where THE CLIENT, THE
CLIENT’S friends or relatives publish or sell the photographs for profit.
- MODEL RELEASE:
THE CLIENT hereby assigns and grants Jasmin Photo and its legal
representatives 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
medium; to alter the same without restriction; and to copyright the same.
THE CLIENT hereby releases Jasmin Photo and its legal representatives and
assigns from all claims and liability relating to said photographs. It is
agreed that Jasmin Photo may display and use the photographs taken for
advertising, display, website and internet promotion, photographic contests,
public display such as in malls, photography books, photography
instructional books, store fronts, window displays, studio display,
television advertising, magazine advertising and any other purpose thought
proper by Jasmin Photo.
- EXCLUSIVITY / GUEST PHOTOGRAPHY:
It is understood that Jasmin Photo will act as the sole and exclusive
wedding photographer. Because of the fact that flashes from guest’s cameras
may ruin shots taken by Jasmin Photo, THE CLIENT acknowledges that they are
responsible for notifying all of their guests that guest photography is not
permitted at any time while the professional photographer are in session.
Jasmin Photo suggests that a separate notice be placed in the invitations.
The formal photography time is for the exclusive use of Jasmin Photo to
capture the formal wedding portraits. Because of time constraints and the
need for subjects to pay full attention to the professional photographer,
guest photography cannot be permitted. Jasmin Photo will allow guests to
take snapshots during the processional and recessional, during candid events
at the church, and at the altar during the time Jasmin Photo equipment is
being packed up. In return for this consideration Jasmin Photo insists no
other guest photography take place when or where Jasmin Photo is working. No
other guest/photographer using professional equipment will be allowed by
Jasmin Photo at any time during the wedding. Jasmin Photo reserves the right
to stop any photographic services paid for and leave the function should any
other person take photographs with any professional equipment – with the
deposit being forfeit.
- GUEST COOPERATION:
THE CLIENT is responsible for the conduct of their guests. THE CLIENT will
direct all other service providers (florist, DJ, caterer, etc.) to provide
any needed information and cooperation to the photographer. 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. In
addition, events during the wedding day should be planned to make the best
use of time from all vendors.
Jasmin Photo will not tolerate verbally or
physically abusive behaviour, nor will it share its time or compete with guest
photographers for the attention of the subjects. Unchecked guest conduct that
interferes with photography may seriously affect the quality of the photographs
taken and increase the number of times photos must be re-taken. 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, it will result in the early or immediate
departure of the photographer. THE CLIENT understands that in such an event, no
refunds will be granted.
15.
COMPLETION SCHEDULE:
The printing process can only start once Jasmin Photo receives the order list
for the required images. Digital processing takes approximately 2 weeks.
Creation of a wedding album takes 6-10 weeks, enlargements 1-2 weeks or possibly
longer when laboratory and bindery schedules are heavy.
16.
PAYMENTS:
THE CLIENT agrees that 50% deposit is required at the time of contract
acceptance and 100% of the remaining balance is due on THE CLIENTS’ receipt of
the Sample CD.
17.
FINAL DELIVERY:
Jasmin Photo will deliver the prints and any
additional material once printing is completed. Jasmin Photo will also deliver a
CD with the high resolution negatives of all selected printed images. In
addition to this, Jasmin Photo will include a CD with low resolution digital
negatives of all photographs not selected for printing. High resolution prints
of these images can be ordered from Jasmin Photo at the specified tariffs. High
Resolution negatives of any additional images ordered will also be provided.
18.
METHOD OF REMUNERATION:
Payment may be made in cash or deposited into the following bank account:
PROOF OF PAYMENT TO BE PROVIDED ON
REQUEST
20.
PENALTY FEES & CHARGES:
There is a R100.00 late payment fee for any payments that are not postmarked or
delivered to Jasmin Photo by the required date.
21.
RIGHT OF WITHDRAWAL:
Jasmin Photo's discovery of new information, changes to agreed circumstances, or
other factors which tends 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 Jasmin Photo initiate the withdrawal, all fees will be returned,
excluding deposit as well as fair market value for all services/products already
provided. In case of withdrawal, R100.00 an hour is charged for all photography
services already provided and R50.00 an hour is charged for all other services,
consultations and all driving time, rounded up to the nearest half-hour.
22.
LIMIT OF LIABILITY:
In the unlikely event of severe medical, natural, or other emergencies, it may
be necessary to retain an alternative photographer. Jasmin Photo will make every
effort to secure a replacement photographer able and/or willing to provide a
similar package as chosen in this contract at the same/similar tariff. If such a
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
package.
Jasmin Photo takes the utmost care with
respect to exposure, transportation and processing of photographs; including
using professional grade equipment and professional grade backup equipment.
However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or
destroyed for reasons within or beyond Jasmin Photo control, the latter’s
liability is limited to the return of all payments received for the event
package. 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.
23.
NON-GUARANTEE:
Although every possible care will be taken to
produce photographs of all important and special events during the wedding,
Jasmin Photo cannot place an unconditional guarantee on the above. Jasmin Photo
will not be held responsible for any ruined photographs due to guests’ (or any
other) flashes; or any other ruined photographs due to any other cause in or
outside of Jasmin Photo’s control.
24.
PERFORMANCE:
The performance of this contract on behalf of Jasmin Photo shall be contingent
upon acts of God, flood, fire, warfare, government laws or regulations,
electrical failure, strikes by suppliers, and/or conditions beyond its control.
25.
SEVERABILITY:
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.
26.
AMENDMENTS:
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 Jasmin Photo at the time
of acceptance of this contract shall be recognised as amendments to this
contract.
27.
REPRINT ORDERS:
Reprints of photos (or additional prints of
photos not included in the package, but which is part of the additional low
resolution images provided on CD) may be ordered at the following rates: -
onthou om pryse te verhoog
· 8”
X 12” (A4) Print R 10.00
·
10” X 15” Print R 35.00
·
Additional CD (including cover)
R 15.00
·
Additional Image Manipulation R 50.00 per hour
·
Additional Overtime R 95.00 per hour
Please note that these prices are subject to
change without any prior notice.
28.
PROFESSIONAL IMAGE MANIPULATION:
Jasmin Photo will allow for limited
professional image manipulation (if technically possible) on any _________
images of THE CLIENT’S choice. This includes opening of individual’s eyes, red
eye removal, de-ageing, removal of people and/or objects, insertion of missing
people and/or objects, colour correction, special effects, portrait
glamourisation etc. It is understood that if a technicality prevents Jasmin
Photo from performing requested image manipulation, or if a technicality
prevents the final result to meet THE CLIENT’S requirement, THE CLIENT will
reside with the fact that Jasmin Photo has performed to its best ability with
regard to the specific task and that Jasmin Photo has no further responsibility
towards said image manipulatio