DREAMWORK PHOTOGRAPHY CONTRACT
This agreement is made effective for all purposes in all respects as of _____________________(current date) by and between DREAMWORKPHOTOGRAPHY, hereinafter referred to as "The COMPANY" and___________________________________________ hereinafter referred to as "The CLIENT" relating to the events detail below hereinafter referred to as "The EVENT(S)".
ENTIRE AGREEMENT : This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes status all prior and simultaneous agreements between the parties. The only way to add watching this agreement is to do so in writing, signed by all parties. 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 agreement to waive one or more provisions of this agreement or any failure by one or both parties to in force of a vision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION: A signed contract and retainer fee are required to reserve the dates and time of the EVENT(S). If the EVENT(S) are rescheduled, postponed or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non refundable liquidated damages to the company the CLIENT shall also be response the payment for any of the COMPANY's material charges incurred up to the time of cancellation.
EVENT SCHEDULE: The Client agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule all location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.
SAFETY: The COMPANY reserves to write to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behaviour from the person(s) at the EVENT(S); or in the event in the safety of the photographer from the COMPANY in question. COMPANY will provide the data available to the client and charges see non refundable.
SHOOTING TIME /ADDITIONS : The CLIENT and the COMPANY agree that cooperation and punctuality what essential to accomplish the goals and fishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the schedule start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT @ 3% of the total fee, per hour.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to cause beyond the control of the company including but not limited to obstructive guests, other Photographers not part of the COMPANY but hired by the CLIENT, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect address provided to the COMPANY, rendering of decorations, restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S) due to the above mentioned reasons. The COMPANY will not be held accountable for failure to deliver images of any individuals or any object at the EVENT(S).
VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management.The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is CLIENT's responsibility; the COMPANY will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY 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, educational and any other purpose in any manner and medium; to alter the same without restriction;. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to any injury, illness, act of God, act of terrorism, or for other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure or replacement. If the situation should occur and a suitable replacement is not found responsibility and liability is limited to the return of all payments receipt for the event.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments receipt for the event. The limit of liability for a partial loss of originals shell be a prorated amount of the exposures lost based on the percentage of total number of Originals. Company will not be responsible for any loss of files, photographs and videos, beyond 35 days after the last shoot. Client is expected to collect the data within 20 working days of the last event and provide a hard drive of 1 TB to the COMPANY to store the respective data.
FINAL PRODUCT: It is also understood that the Client is hiring the Photographer for his technical and artistic expertise and, therefore, the Photographer reserves the right to edit the Images as he sees fit. The Photographer does not guarantee that everyone involved in the event will be photographed or will be included in the final Images.
ARTIFICIAL LIGHTING : The Photographer makes no guarantee, either expressed or implied, in regard to the quality of the Images, if the artificial lighting provided by the clients at the venue is unsuitable or too dark for photography or filming. It is strongly advised by the Photographer to avoid any use of coloured LED lighting or any other form of coloured or flickering lighting in the ambient areas, sitting areas or performance areas for the wedding. Coloured lighting if any should be restricted to the peripheral decorations only. Bright and even lighting should be provided in all ceremony and guest areas. The Photographer does not use a flash for shooting candid or creative shots.
CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images deliver to the client is left to the discretion of the COMPANY. The photographs and the video will be delivered within 20 business days, from the last event. The raw data will be given to the CLIENT, within 3 days, once the 1TB hard drive is handed over to the COMPANY.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images will be discussed with the CLIENT but the final output is left to the discretion of the COMPANY.
PAYMENT SCHEDULE: The aforementioned 30% non refundable retainer fee is due at the time of spinning of agreement. 30% is payable prior to or the day of the events 30% is payable within 2 days of the last event and remaining 10% is payable before the delivery of Photographs and for Video.
MEAL: The entire Photography & videography team will have same food and beverages which have been arranged for guests during a ceremony in the guest areas only.