AJ Enns Photography Contract
TERMS & CONDITIONS
As any professional photographer will tell you there always needs to be an agreement. This is protecting both the client and photographer.
CANCELLATION OR POSTPONEMENT
If the event is cancelled for any reason, the deposit will not be refunded. If cancelling your contract, you must notify AJ Enns Photography in writing. To consider a date change, I must first receive a written release of the current contracted date, which will null and void your written contract. If you need to change the event date, all monies paid will transfer to the new date per a newly written and signed contract if that date is available for AJ Enns Photography. The new date must be within six months of the original date or the new contract will be subject to the current rates. If the new date is unavailable with AJ Enns Photography, the contract will be cancelled, and the retainer will not be refunded. If your event is cancelled within three months of the date, you shall pay the balance of the contract due to the high probability that AJ Enns Photography will be unable to rebook that date.
Payments can be made by check or cash. Your deposit is already paid for and has been subtracted from your total amount owing. The balance of the services shall be paid within 4 weeks of the wedding date. If the final payment is missed, and it is not resolved within 14 days from the payment date, AJ Enns Photography has the right to terminate all services with the you. All payments made to AJ Enns Photography prior to any missed payment will be non-refundable.
In order to eliminate any confusion on the day of the wedding, AJ Enns Photography will be the only professional photographer at the event. To ensure the quality of photographs, guests with cameras should refrain from using flashes during the ceremony and should not attempt to take photographs during the time of formal photographs. It shall be the client’s responsibility to inform guests and any Videographers of the above restrictions and to enforce such restrictions.
Due to the rapid pace and unpredictable nature of wedding photography, AJ Enns Photography does not guarantee the delivery of any requested or expected photograph. A wedding is an uncontrolled event and that due to the varieties of the weather, available light, and willingness or availability of subjects, The Photographer cannot guarantee that any particular requested photo will be taken.
A meal must be provided by the Bride & Groom for all their photographers for any wedding coverage exceeding 5 hours. If no meal is provided by the Client, it is understood that the photographer will leave the event to purchase a meal. If possible, the photographers additionally request to be seated in the same room as the guests, but at a table where frequent standing up, moving around, and sitting down in order to capture moments as they occur will not be a distraction.
FAILURE TO PERFORM
If I cannot perform our agreement due to fire, casualty, act of God, illness, or any other cause beyond the control of myself, then The Photographer shall return all monies paid, including the retainer, and shall have no further liability with respect to this contract. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or memory card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event that the Photographer fails to perform for any other reason, The Photographer shall not be liable for any amount in excess of the value of the Client’s photography package.
PRIEST/MINISTER/JUSTICE OF PEACE…
AJ Enns Photography may be necessarily limited by the guidelines or rules of the ceremony official, ceremony venue, or reception venue. The Bride & Groom understands and agrees that AJ Enns Photography will abide by such guidelines or rules and that they are outside the control of AJ Enns Photography. The Bride & Groom agrees to hold AJ Enns Photography harmless for the impact such guidelines or rules may have on the resulting photographs.
AJ Enns Photography shall be granted full artistic license in relation to the poses photographed and the locations used. AJ Enns Photography will not be held responsible for the lack of coverage caused for the following reasons: The Bride, Groom, Family or wedding party not being on time, members of the wedding party or family are unavailable when called on for a posed photograph, the wedding running late or if restrictions regarding photography at the desired location of the wedding are in force. Occasionally photographs from the event will only be provided in Black and White. This can be a result of many reasons, and these photos will not be available in colour.
In the extremely unlikely event of severe personal illness or other extreme Acts of Nature beyond the control of myself which precludes the me from performing the duties of coverage, I will attempt to arrange for a substitute photographer of high qualification, per Client approval of said photographer. The Client and AJ Enns Photography both assume the risks and dangers of my travel and if the extremely unlikely event that a last-minute Act of Nature or travel disaster occurs while I am on route to the event, I will refund the client all monies paid, including the retainer.
AJ Enns Photography strives for the highest standards possible with respect to photographic materials, the Client is aware that color dyes in printed photographic materials may fade or discolor over time due to the inherent qualities of the dyes and chemicals. The Client releases AJ Enns Photography from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. If changes occur to any photographic materials which are greater than normal fading and discoloration, the materials will be replaced at the discretion of AJ Enns Photography. AJ Enns Photography will also hold a copy of the digital images 6 months past the wedding date. The Client is responsible for saving their own digital images.
Definitions. For purposes of this Release, “Participant” means the individual participating in the Shoot which is the subject of this Release, together with the individual’s guardian if the individual is less than 18 years old. “Guardian” means the individual’s parent and/or legal guardian. “Artist” means person or entity who or which records (whether by photograph, illustration, film, cinematography or any other media) Participant’s images or sounds, together with the Artists’ legal representatives and Assigns. “Assigns” means any person or company to whom or to which Artist assigns or licenses rights under this Release, and the licensees of any such person or company. “Content” means all photographs, film, audio, or other recording, still or moving, taken of participant during the Shoot. “Media” means all media including, but not limited to digital, electronic, print, television, film, radio and other media now or to yet to be known or created. Release. For valuable consideration, the undersigned Participant irrevocably grants to Artist AJ Enns : (1) the unrestricted right to use and publish Content in which Participant may appear or be heard, for editorial, trade, advertising, promotional, commercial and any other purpose, in perpetuity worldwide, in any manner and media without further compensation to Participant; (2) the right to alter and composite Content without restriction and without Participant’s inspection or approval; and (3) the release, discharge, and indemnification of Artist, all persons acting under Artist’s authority, and those for whom Artist is acting, from all claims, causes of action and liability of any kind, now known or unknown, in law or in equity, based upon or arising out of this Shoot, its Content or this Release, including, by way of example and not limitation, claims of bodily injury, property damage, libel, slander, invasion of privacy, right of publicity, defamation, trademark infringement, or copyright infringement. Participant has read this document and fully understands its contents. This release is binding upon Participant and his or her heirs, legal representatives, and assigns.
CLIENTS DIGITAL RIGHTS AND USAGE
The participant has full rights to print, reproduce & use the images as they wish for personal use only. Any use of photos outside of personal use by way of example and not limitation: wedding vendors, newspaper, advertising, media is required to have written permission from the artist.