TERMS AND CONDITIONS
Agreement: The person(s) whose signature(s) appear(s) on this contract, known as the client (the “Client"), agree that AlanAdetolArts LLC (the "Photographer"), shall provide services to photograph their wedding and related events to the best of her abilities, in the manner described in this document. This is a binding contract (the “Agreement”) which incorporates the entire understanding of the parties, and any modifications to this Agreement must be in writing, signed by both parties, and physically attached to the original agreement. 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.
Jurisdiction: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules law. Any dispute, controversy or claim arising out of or relating to this contract, will be referred to and finally determined by arbitration. Client shall indemnify, defend, and hold harmless Photographer from and against any suit or proceeding brought against Photographer for claims arising from this agreement. 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.
Retainer and Payment: Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable retainer payment in the amount of $500 (“Retainer”). The $500 Retainer will be deducted from the balance of the total fee for the photography package selected, unless the contract is cancelled. No date for services is reserved until the signed contract and Retainer are received by the Photographer. The balance due for the photography services must be paid in full no less than (14) days prior to the event date. In the event 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. Returned checks will incur a $50 insufficient funds fee. Late payments will incur a $25/day late payment fee, and all future purchases/payments must still be paid.
Cancellation: If for any reason Client cancels this Agreement before the wedding date, Photographer will keep the Retainer. Cancellation must be made in writing, signed by the contracted parties, and sent via Certified Mail by the United States Post Office. If 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.
Reschedule: In the event that Client reschedules the wedding and Photographer is able to rebook Client’s wedding event at its rescheduled time, a new contract will be required, and Client will receive “Credit” for all monies already paid. Credit may be applied to wedding coverage within one year of original date booked, provided Photographer is availableThe new package price will reflect the pricing rates in effect by Photographer at the date of rebooking. In the event that Client reschedules the wedding and Photographer is unable to rebook the original wedding package selected, Client forfeits the retainer but will receive a credit for all other monies paid.
Liability: If the Photographer or her agent 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, illness, or technical problems, and if she cannot provide another competent professional, 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 of the above listed reasons. 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 arising out of or relating to this contract, will be limited to a refund, the total amount of which cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
Photo Discs/Usbs: Upon receipt of a photo dvd/usb, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. 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 provided. It is Client's responsibility to make sure that digital files are copied to new media as required.
Pricing: Services or merchandise not included in this initial contract will be sold at the current price of the Photographer when an order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from Photographer. All credits and credited sessions must be used within 1 year of web gallery posting or the Photographer may substitute a product of reasonable value to fulfill any outstanding credit balance.
Travel Fees: The Photographer reserves the right to charge the Client travel fees estimated by the Photographer. Travel fees will be applied when deemed applicable, based on, but not limited to charges incurred while traveling to the ceremony and/or reception location (such as hotel, airfare, rental car, gas, meals, supplies, etc), and appropriate compensation for time spent by The Photographers and/or assistants traveling to the ceremony and/or reception location. The Photographer includes a moderate monetary buffer in travel fee estimates to cover any unexpected charges while traveling; once the travel fee is agreed upon by both the Client and the Photographer, no further charges will be made of the Client without written Agreement by both parties. For geographical areas where the Photographer has chosen NOT to charge travel fees, an estimated local hotel fee may still be applied when The Photographer and/or assistants are scheduled to stay at the ceremony and/or reception venue past 11:00pm, or to begin the day prior to 9:00am. Waiver of the hotel fee and/or travel fees will be indicated by a $0 charge in the Travel Fees section of the written Agreement. Any applied travel fees will be written in the Travel Fees section of the written Agreement and included in the total package cost.
Harassment: Ensuring the appropriate behavior of all guests and other persons at the wedding and other related events covered by the Photographer shall be the responsibility of the Client. In the event that the Photographer and/or her assistant experiences any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a family member of the Client; second offense: the offending person will be required to leave the wedding or event; third offense: the Photographer and/or her assistant will end wedding coverage immediately and leave the event, the Photographer and/or her assistant shall be entitled to retain all monies paid hereunder and the Client agrees to relieve and hold the Photographer harmless as a result of incomplete wedding or event photography coverage.
Responsibilities: Unless agreed upon in advance, the Photographer shall be the exclusive photographer retained for the event. The Photographer may bring an assistant with her to the event at her discretion. Videographers and other vendors as well as semi-professional photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions. Wedding guests may take photos, but it is the responsibility of Client to prevent family and friends from interfering with the Photographer's duties. The Photographer is not responsible for compromised coverage due to causes beyond her control such as other people's cameras or flash obstructing the Photographer's view, the lateness of the couple, family members and bridal party members or other principles, weather conditions, schedule complications, placement of decorations, or restrictions of the venues or officiate. Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. Client agrees to confirm the schedule at least two weeks prior to the event. Client must give Photographer notification of any changes in schedule or event location at least two weeks prior to the event by e-mail and a follow-up phone call.
Coverage: Photographer will provide coverage for the dates, locations and times specified in this Agreement. Additional travel or coverage hours may be added by agreement on the wedding day and must be paid in full before any photos or products are released to the Client. Photographer shall make every reasonable effort to take requested pictures, but no specific pose or photograph can be promised. Client may send the Photographer a written shot list request at least two weeks prior to the event date - still, any shot lists supplied will be used for organizational purposes only. Images determined by the Photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
Image Processing/Printing: Unless agreed upon prior to any editing work, high-resolution images, discs and/or usb’s may contain a mixture of color, black and white, and selective color images. An alternate colored version of a photo may be purchased at the current price rate of the Photographer. Limited color correction and/or retouching are included at the Photographer's discretion. The client may request further changes for an additional charge. The Photographer is not responsible for any prints that are not ordered directly from her. For best results, clients with the high-resolution files should order their prints through a reputable lab.
Model Release: This Agreement also serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms media and manners in accordance with industry standards, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Only the Photographer may grant the use of any of the images in connection with this Agreement, to third parties and all compensation for use and credit for the images remain the property of the Photographer. The Client waives any right to inspect or approve the photograph(s), including finished version(s) incorporating the unedited photograph(s).This release is binding on the Client, their legal representatives, heirs, and assigns.
Copyright: All photographs taken by the Photographer are her property, will remain her property and are protected by United States Copyright Laws (U.S.C. Title 17). Client hereby waives any claims for ownership, income, editorial control or use of the images. Violators of this federal law will be subject to its civil and criminal penalties.
Reproduction: Client agrees to purchase prints directly from the Photographer unless in possession of high-resolution digital files. Client agrees not to scan, copy or reproduce images in any manner without a prior written agreement. Should the Photographer become aware of reproduction without permission, Client will remit a usage fee of $300 per image, per usage to Photographer. If high-resolution digital files are purchased, a written release will be supplied for those files. The release grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published in any way. Client further agrees not to supply images to any third parties (including vendors associated with the wedding or album designers).