NOTE – Additional Expenses: The Client is responsible for payment of or provision of travel, accommodation, meals, beverages and transport costs
GENERAL TERMS AND CONDITIONS:
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between S2V Studio and the Client. It supersedes all prior and/or any other verbal or other agreements between the parties. Additions or alterations to this agreement will only be recognised if in writing and signed by both parties.
2. BOOKINGS: Upon receiving written confirmation and the required deposit, S2V Studio will reserve the time/s and date/s agreed upon and will not make any other reservations for that period. For this reason, the booking deposit is non-refundable for any reason what so ever. The booking deposit is to be paid at the time of signing the contract. The booking deposit is applied towards the agreed and contracted wedding package. The Client understands and agrees that the total amount owed for the wedding package described in the contract is due on or before the day of the actual wedding event.
3. CANCELLATION: In the event that the Client cancels the contracted services for wedding photography or videography outlined in this contract before the wedding ceremony takes place, the deposit will be forfeit. In the event S2V Studio is unable to attend the wedding and fulfil their photographic obligations, for whatever reason, all monies paid by the Client will be refunded.
4. 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. This will occur during the other Photography or Videography Sessions agreed on or at least two (2) weeks prior to the date.
5. EVENT GUIDE: The Client is responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. S2V Studio will not be held accountable for not photographing or videoing desired people if there is no one to assist in identifying or gathering those people for the required photograph(s).
6. COOPERATION: The parties agree to positive cooperation and communication to achieve the best possible result. S2V Studio is not responsible for key individuals’ failure to be present or to cooperate during the photographic sessions or for missed images due to details not revealed to S2v Studio.
7. S2V Studio recommends that the Client designate an ʺevent guideʺ 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 and videography schedule and selected methodology are designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties involved. All parties agree that positive cooperation and punctuality are therefore essential for the shooting process to remain on schedule. Should the ceremony start late due to any reason whatsoever, S2V Studio cannot 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; S2V Studio will offer technical recommendations only.
10. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by S2V Studio are protected by Australian Copyright Law (all rights reserved) and may not be reproduced in any manner without S2V Studio’s express written permission. The Client has limited copyright ownership of the resulting images which will be transferred to the Client under the following conditions:
• The digital Images and digital files 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 S2V Studio prior to an event where the Client, the Clients friends or relatives publish or sell the photographs for profit.
• The negatives and digital files shall remain the property of the S2V Studio(s) and shall be kept for 6 weeks from the final delivery of the project date
• No refund will be due for any negatives or digital files lost, damaged, or destroyed after 6 weeks from the date of final delivery of the project.
11. MODEL RELEASE: The Client hereby assigns and grants S2V Studio 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 same. The Client hereby releases S2V Studio and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that S2V Studio 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, storefronts, window displays, studio display, television, advertising, magazine advertising and any other purpose thought proper by S2V Studio.
12. EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood and agreed that S2V Studio will act as the sole and exclusive wedding photographer or videographer or both. Because of the fact that flashes from guest’s cameras may adversely affect shots taken by S2V Studio, the Client acknowledges that they are responsible for notifying all of their guests that guest photography is restricted at any time while the professional photographer is in session. The formal photography time is for the exclusive use of S2V Studio to capture the formal wedding portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer and videographer, guest photography cannot be permitted. S2V Studio agrees to guests taking snapshots during the pre and post-professional sessions.
13. GUEST COOPERATION: The Client is responsible for the conduct of their guests. The Client or their authorised representative 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 required photography sessions as scheduled. The Client should share the photography schedule with other service providers to ensure no conflict in times. S2V Studio will not tolerate any 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 adversely affect the quality and/or quantity of the photographs taken. Unruly guest behaviour and/or photographic equipment damage will result in the immediate and possible early departure of the photographer. The Client understands that in such an event, no refunds will be granted. The Client will be responsible for the costs of any repair or replacement of any equipment damage.
14. COMPLETION SCHEDULE: The digital editing process can only start to post the main wedding event. Digital processing takes approximately 6 to 8 weeks.
15. FINAL DELIVERY: S2V Studio will provide the Client with a fully formatted USB stick with the agreed compilation of the agreed number of digital images therein within 6 - 8 weeks of the wedding event.
S2V Studio does not provide any printed or hard copy images unless stated.
16. PAYMENTS: THE CLIENT agrees that the deposit is required at the time of contract acceptance and 100% of the remaining balance is due on or before the day of the wedding.
17. METHOD OF PAYMENT: Payment can be made in cash or via direct deposit prior to the day into the following bank account:
Account Name: Visionary Trust
18. RIGHT OF WITHDRAWAL: S2V Studio’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 such factors. In the event, S2V Studio withdraws, all payments made to-date will be returned, excluding the deposit as well as fair market value for all services/products already provided. In case of withdrawal, $150.00 an hour is charged for all photography and videography services already provided and $50.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.
19. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. S2V Studio 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 are limited to the return of all payments received for the event package.
S2V Studio 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 images being lost, stolen or destroyed for reasons within or beyond S2V Studio’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 a total number of originals.
20. QUANTITY OF IMAGES TAKEN AND TAKING OF SIMILAR IMAGES:
In order to ensure that the images desired by the Client are recorded and preserved and to lessen the possibility of equipment or photographer error, some poses, and group shots will be taken multiple times and or with multiple cameras. This is done to ensure that if a person blinks, distractions in the background which are not initially seen, hair, clothes or equipment (camera, flash, or some other item) fails to work as expected another image using the same or different camera has also recorded a similar image. This means that there will be multiple similar images delivered to the client. Group photos will require more images be taken so as to ensure that the best possible image is captured.
Multiple cameras: When photographs are taken with multiple different cameras, each one will have a different type of lens on it. This results in slight perspective changes (wide angle on one camera, standard lens, or a telephoto lens on a camera) and thus also more variety to choose from while performing the ʺinsuranceʺ function at the same time.
Multiple images with the same camera: When this is done, especially on group shots, two or three similar images will occur in a row. Different camera settings are sometimes used to ensure proper exposure which may not always be noticeable. The Client should expect that up to 25% of the images received could be very similar by using this system to ensure that the best possible image is recorded.
21. NON-GUARANTEE: Although all possible care will be taken to produce images of all important or special moments during the wedding, S2V Studio cannot place an unconditional guarantee on the above. S2V Studio cannot be held responsible for any substandard images due to guests’ (or any other) flashes or any other cause in or outside of S2V Studio’s control.
22. PERFORMANCE: The performance of this contract is contingent upon acts of God, weather, flood, fire, warfare, government laws or regulations, electrical failure, equipment failure, strikes by suppliers, and/or any conditions beyond its control.
23. 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 all other provisions of the agreement shall remain in full force and effect.
24. AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by The Client and S2V Studio at the time of acceptance of this contract shall be recognised as amendments to this contract.
25. PROFESSIONAL IMAGE MANIPULATION: S2V Studio will allow for limited professional image manipulation (if technically possible) on up to ten (10) images of the photographer’s choice within the contract price. Digital manipulation of more than the initial ten (10) images will be at the photographer’s standard rate and is over and above the contract price. This includes the opening of an individual’s eyes, red-eye removal, and colour correction, the removal of people and/or objects, insertion of missing people and/or objects, special effects, portrait glamorisation etc. It is understood that if a technicality prevents S2V Studio from performing requested image manipulation, or if a technicality prevents the final result from meeting the client’s requirement. The client acknowledges this fact and that S2V Studio has performed to the best of its technical ability and that S2V Studio has no further responsibility towards said image manipulation and no refund will be offered.