- ENTIRE AGREEMENT: This agreement contains the entire understanding between GOMES Photography 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. RETAINER: Upon your signature, GOMES Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, a retainer of £500 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 retainer is to be paid at time of signing the contract. The retainer 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 FOUR weeks prior to the wedding date.3. 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 retainer will be forfeited. GOMES Photography agrees to refund all additional paid money (less expenditures for which receipts will be provided), to THE CLIENT.
4. PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the wedding date in order to finalize the actual shooting times and locations.
- 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). THE CLIENT is also responsible for identifying any individual/s that does not desire to be photographed.6. 60 MINUTE WINDOW: The bride and/or groom agree to set aside at least a 30 minute time frame afterward the ceremony for photographs that cannot be obtained during the ceremony or reception. The 30 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 60 minute window from occurring, GOMES Photography shall not be held liable for failure to take desired photographs.7. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. GOMES 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 GOMES Photography. GOMES Photography 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.
8. 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 GOMES 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, GOMES Photography will not be held liable for any photographs not taken.
9. 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; GOMES Photography will offer technical recommendations only.
10. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by GOMES Photography are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without GOMES Photography’s explicit written permission.
· THE CLIENT must obtain written permission from, and compensate GOMES 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 GOMES 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 GOMES Photography and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that GOMES 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 GOMES Photography.
- EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that GOMES Photography will act as the sole and exclusive wedding Because of the fact that flashes from guest’s cameras may ruin shots taken by GOMES Photography, THE CLIENT acknowledges that GOMES Photography will not be held liable for any shots unavailable because of interference from guest photography. GOMES 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 retainer being forfeited. GOMES Photography, where possible, will inform the CLIENT during the wedding day if there is a breach of this clause.
- 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. GOMES Photography, where possible, will inform the CLIENT during the wedding day if there is a breach of this clause.
GOMES Photography 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 and any damage to equipment will be the responsibility of THE CLIENT to replace or repair.
11. COMPLETION SCHEDULE: Images will be ready 4 weeks after the wedding date.
12. PAYMENTS: THE CLIENT agrees that £500 retainer is required at the time of contract acceptance and 100% of the remaining balance is due four weeks prior to the wedding date.
13. FINAL DELIVERY: GOMES Photography will deliver digital downloads of approximately 700 professionally edited high and low resolution images, perfect for printing and sharing via an online gallery. The gallery will be available for 12 months after the wedding date.
14. METHOD OF REMUNERATION: Payment may be made in cash, check or online via PayPal. Returned checks are subject to a £25.00 returned check fee.
PROOF OF PAYMENT TO BE PROVIDED ON REQUEST
15. RIGHT OF WITHDRAWAL: GOMES Photography’s discovery of new information, changes to agreed circumstances, or other factors which tend 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 GOMES Photography initiate the withdrawal, all fees will be returned, excluding retainer as well as fair market value for all services/products already provided. In case of withdrawal, £100.00 an hour is charged for all photography services already provided and £25.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.
16. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. GOMES 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.
GOMES 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 GOMES Photography’s 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.
17. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, GOMES Photography cannot place an unconditional guarantee on the above. GOMES 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 GOMES Photography’s control.
18. PERFORMANCE: The performance of this contract on behalf of GOMES 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.
19. 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.
20. 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 GOMES Photography at the time of acceptance of this contract shall be recognized as amendments to this contract.