- ENTIRE AGREEMENT: This agreement contains the entire understanding between CAPTURINGTM
WEDDING PHOTOGRAPHY and 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. CapturingTM is a part of Studio ShadesTM Advertising Agency.
- RESERVATION: Upon your signature, CAPTURINGTM WEDDING PHOTOGRAPHY 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 20% is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, death, sickness, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of signing the contract along with the first payment 50% of the contracted wedding photography. The Reservation Deposit is applied towards the contracted wedding photography package. The client/s : understands and agrees that the entire amount owed for the wedding photography package described in the contract is due on the date of delivery.
- CANCELLATION: In the event that the client/s cancels the contracted services for wedding photography outlined in this contract before the wedding ceremony takes place, the deposit will be forfeit. CAPTURINGTM WEDDING PHOTOGRAPHY agrees to refund all additional paid money (less expenditures for which receipts will be provided), to the client.
- CANCELLATION BY THE PHOTOGRAPHER: In the unlikely event that the CAPTURINGTM WEDDING PHOTOGRAPHY is forced to cancel the contract beyond control, liability is limited to a full refund of the payment made till date.
- 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.
- CREW MEAL: The team members shall have their meal along with the guests to manage time and co-ordinate with other members to save shooting time. Or the meal shall be provided by the client at the venue.
- 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).
- COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. CAPTURINGTM WEDDING 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 CAPTURINGTM WEDDING PHOTOGRAPHY . We recommend that the client/s designate an “event guide” to point out important individuals to the photographer, whom the client wishes to include in informal or candid photographs.
- 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/s and CAPTURINGTM WEDDING PHOTOGRAPHY 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, CAPTURINGTM WEDDING PHOTOGRAPHY will not be held liable for any photographs not taken. Extra shooting hours are chargeable as mentioned the contracted wedding photography package.
- HOUSE RULES: The photographer is limited by the guidelines of the ceremony official or the reception site management. The client/s 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; CAPTURINGTM WEDDING PHOTOGRAPHY will offer technical recommendations only.
- DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by CAPTURINGTM WEDDING PHOTOGRAPHY may not be reproduced in any manner without CAPTURINGTM WEDDING PHOTOGRAPHY ’s explicit written permission. Upon final payment by the client/s, limited copyright ownership of the resulting images will be transferred to the client/s 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 CAPTURINGTM WEDDING PHOTOGRAPHY 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 CAPTURINGTM WEDDING PHOTOGRAPHY 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 CAPTURINGTM WEDDING PHOTOGRAPHY and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that CAPTURINGTM WEDDING PHOTOGRAPHY 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 CAPTURINGTM WEDDING PHOTOGRAPHY.
- EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that CAPTURINGTM WEDDING PHOTOGRAPHY will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guest’s cameras may ruin shots taken by CAPTURINGTM WEDDING PHOTOGRAPHY, 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. CAPTURINGTM WEDDING PHOTOGRAPHY suggests that a separate notice be placed in the invitations. The formal photography time is for the exclusive use of CAPTURINGTM WEDDING PHOTOGRAPHY 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. CAPTURINGTM WEDDING PHOTOGRAPHY will allow guests to take snapshots during the processional and recessional, during candid events at the venue, during the time CAPTURINGTM WEDDING PHOTOGRAPHY equipment is being packed up. In return for this consideration CAPTURINGTM WEDDING PHOTOGRAPHY insists no other guest photography take place when or where CAPTURINGTM WEDDING PHOTOGRAPHY is working. No other guest/photographer using professional equipment will be allowed CAPTURINGTM WEDDING PHOTOGRAPHY at any time during the wedding. CAPTURINGTM WEDDING PHOTOGRAPHY 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: CAPTURINGTM WEDDING PHOTOGRAPHY will not tolerate verbally or physically abusive behavior, nor will it entertain any sort of misbehavior by the client nor the 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.
Only one person from the client’s side shall communicate regarding the timing, changes, corrections or any other queries. No input will be taken from any one else in the client’s side. The person in charge’s name as follows: ……………………………….. signature: …………………………… Phone no. …………………………… 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.
CAPTURINGTM WEDDING PHOTOGRAPHY will not tolerate verbally or physically abusive behavior, 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.
- COMPLETION SCHEDULE: No less than 5 weeks After the wedding, CAPTURINGTM WEDDING PHOTOGRAPHY will provide the client/s with a high resolution CD. This CD will contain selected photographs (in a mixture of colour and black and white, (not one of each kind) taken at the event. The client should as soon as possible back up images and print images as soon as possible to avoid loss or damage.CAPTURINGTM WEDDING PHOTOGRAPHY does not take responsibility for lost or damages in images once delivered to THE CLIENT.
- PAYMENTS: THE CLIENT agrees that 50% deposit is required to book the wedding and 30% after the wedding not more than 3 days and of the remaining balance is due on delivery of the contracted deliverables.
- FINAL DELIVERY: CAPTURINGTM WEDDING PHOTOGRAPHY will deliver the CD and any additional material that may have been ordered and paid for in addition to the original service. Minimum 3 weeks of time will be taken to deliver the contracted deliverables.
- PRINTS: CAPTURINGTM WEDDING PHOTOGRAPHY does not take responsibility for the print quality of images printed at a one hour lab or the like. CAPTURINGTM WEDDING PHOTOGRAPHY recommends the use of a professional photographic lab.
- RIGHT OF WITHDRAWAL: CAPTURINGTM WEDDING PHOTOGRAPHY 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 “CAPTURINGTM WEDDING PHOTOGRAPHY” initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided.
- LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. CAPTURINGTM WEDDING PHOTOGRAPHY 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, INCLUDING the deposit.CAPTURINGTM WEDDING PHOTOGRAPHY 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 CAPTURINGTM WEDDING PHOTOGRAPHY ’s control, the latter’s liability is limited to the return of all payments received for the event package INCLUDING the deposit . 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.
- NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding CAPTURINGTM WEDDING PHOTOGRAPHY cannot place an unconditional guarantee on the above. CAPTURINGTM WEDDING PHOTOGRAPHY 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 CAPTURINGTM WEDDING PHOTOGRAPHY .
- PERFORMANCE: The performance of this contract on behalf of CAPTURINGTM WEDDING PHOTOGRAPHY 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.
- 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.
- 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 and “CAPTURINGTM WEDDING PHOTOGRAPHY at the time of acceptance of this contract shall be recognized as amendments to this contract.
- PROFESSIONAL IMAGE MANIPULATION: CAPTURINGTM WEDDING PHOTOGRAPHY will allow for limited professional image manipulation (if technically possible) to images. This includes red eye removal, colour correction, blemish removal. It is understood that if a technicality prevents CAPTURINGTM WEDDING PHOTOGRAPHY from performing image manipulation, or if a technicality prevents the final result to meet THE CLIENT’S requirement, THE CLIENT will reside with the fact that CAPTURINGTM WEDDING PHOTOGRAPHY has performed to its best ability with regard to the specific task and that CAPTURINGTM WEDDING PHOTOGRAPHY has no further responsibility towards said image manipulation.
- CLIENT RESPONSIBILITY: THE CLIENT is responsible for making contact with CAPTURINGTM WEDDING PHOTOGRAPHY 14 days prior to wedding date.
- TOTAL FINANCIAL LIABILITY: In ANY CASE of mishap where THE CLIENT is unhappy with the service, product CAPTURINGTM WEDDING PHOTOGRAPHY is liable ONLY for 50% of the sum paid for by THE CLIENT for the service and/or product.
- Other Deliverable Conditions:
- In case of extra hours of shooting, Rs.1,500/- extra for every 1 hour photography service and Rs.2,500/- extra for every 1 hour videography service. The extra charges are paid by the client on delivery only.
> First set of corrections for photography album designs, video editing and songs are not chargeable.>Second set of corrections shall be done with extra charges as follows. a. Photography album changes – Rs.50/correction. b. Videography editing/songs changes – Rs.250/correction.
The Photographer reserves the right to amend these Terms and Conditions without prior notice.
I have read and understood the terms above. I hereby agree to the terms of this agreement.