KELLEY RAYE PHOTOGRAPHY, LLC EVENT TERMS AND CONDITIONS
This agreement between the undersigned company (hereafter “COMPANY”) and the undersigned client, (hereafter “CLIENT(S)”) governs the assignment (hereafter “EVENT(S)”) described in the accompanying event contract, and along with these Terms and Conditions, constitutes the entire agreement between the parties concerning that assignment.
ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change 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 enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement. All correspondence in regards to this agreement will be done by the COMPANY with the CLIENT(S) via the aforementioned CLIENT email address only. The COMPANY declines any request to discuss this agreement via text message.
RESERVATION: This signed agreement along with a retainer fee are required to reserve the date(s) and time(s) of the EVENT(S). If the EVENT(S) is rescheduled, postponed, or cancelled, or if there is a breach of agreement by the CLIENT, all fees paid to the COMPANY are non-refundable and shall be liquidated damages to the COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY's fees, or charges that incur (or will incur) due to CLIENT’s decision to reschedule, postpone or cancel the EVENT(S) after [YOUR SESSION DATE]. The COMPANY will not be held liable or accountable for not being able to provide services for EVENT(S) rescheduled by the CLIENT. If the EVENT(S) has to be cancelled by the COMPANY due to a change in travel schedule or availability, the COMPANY liability is limited to the return of all payments received for the EVENT(S).
EVENT DAY(S) SCHEDULE: The CLIENT agrees to confirm the EVENT day(s) schedule no later than 7 days prior to the EVENT(S). Notification of any changes in schedule or location must be made via email no later than 7 days prior to the EVENT(S) and confirmation of receipt of notification of changes must be obtained via email from the COMPANY by the CLIENT.
CANCELLATION OF EVENT or CHANGE OF HEART: The 100% retainer fee is non-refundable. A request to cancel the EVENT must be made by the CLIENT via the aforementioned email address. A phone call, text message or contact from someone other than the CLIENT will not be considered as an official request to cancel. The CLIENT is responsible for any and all cancellation fees associated with items purchased by the COMPANY in preparation for the original EVENT date (including but not limited to required ticket purchases and equipment rental). Should the CLIENT fail to reimburse the COMPANY within 10 days of receipt of invoice, the COMPANY reserves the right to retain any monies already paid, not attend the EVENT(S) and take legal action to retrieve monies owed.
POSTPONEMENT OF EVENT: The 100% retainer fee is non-refundable. The CLIENT is allowed to reschedule the EVENT 1 time for a reason unrelated to bad weather. A request to reschedule the EVENT must be made by the CLIENT via the aforementioned email address. A phone call, text message or contact from someone other than the CLIENT will not be considered as an official request to reschedule. Should the CLIENT need to reschedule, the COMPANY does not guarantee that will be available for any specific future date or that they will be able to extend the original contracted rate to the CLIENT for the rescheduled EVENT. The COMPANY reserves the right to quote services for the new EVENT date at the current base rate(s), a-la-carte rate(s), travel fee(s) and/or taxes.
SAFETY: The COMPANY reserves the right to terminate coverage and leave the location of the EVENT(S) if any photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from any person(s) at the EVENT(S); or in the event that the safety of any photographer from the COMPANY is in question.
SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes 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 scheduled start time and end at the scheduled end time unless the COMPANY is dismissed by the CLIENT earlier than scheduled. All additional time above and beyond the scheduled start time and end time will be billed to the CLIENT.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs. All travel, accommodation, meal and transport costs and fees associated are non-refundable once incurred and will be invoiced to the CLIENT accordingly.
TRAVEL EXPENSES: All travel expenses, unless included in the base rate, are based on the distance between the EVENT location(s) and the COMPANY’s zip code. For all EVENT(S), the first 30 miles round trip of travel are included. For EVENT(S) calculated to be less than a three-hours drive from COMPANY’s most current zip code, CLIENT will be charged at $1 per mile exceeding the first 2 hours. For EVENT(S) calculated to be more than a three-hours drive from COMPANY’s most current zip code, CLIENT will be responsible for flight, lodging and ground transportation expenses should COMPANY require one or more travel accommodations to fulfill CLIENT needs. All travel, accommodation, and transport costs and fees associated are non-refundable once incurred and will be invoiced to the CLIENT accordingly.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, or 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). The COMPANY will not be held liable or accountable for failure to deliver images of any individuals, objects or scenarios at the EVENT(S) including but not limited to the CLIENT herself/himself/themselves. In the event the CLIENT is unhappy that an individual, object or scenario was not captured and/or delivered by the COMPANY, the COMPANY will be under no obligation to return any monies paid.
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 the CLIENT's responsibility; the COMPANY will offer technical recommendations only.
PERMITS: The CLIENT is responsible for researching and acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services prior to the EVENT(S). The CLIENT is also responsible for parking fees associated with all locations on which the COMPANY will be performing services.
FILM AND COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicit written permission. If the CLIENT has purchased “RAW” images from the COMPANY, upon final payment by the CLIENT, copyright ownership of the resulting images will be transferred to the CLIENT. The COMPANY grants the CLIENT permission to download the images from their online gallery and/or Image USB and reproduce the images for the CLIENT’s personal use, including but not limited to sharing the images on social networking websites/platforms and with family and friends. If the CLIENT shares the images with another wedding vendor to post on their company website or social networking website/platform, textual credit must be explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to print in a publication or selling the photographs.
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 and in any manner and medium; to alter the same without restriction; and to copyright 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 any photographer from the COMPANY is unable to perform to the guidelines of this agreement due to an injury, illness, death in the family, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the 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(S).
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 theft, and camera/hard drive/equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). 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. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or the total paid.
CAPTURE AND DELIVERY: The COMPANY will not be held liable for delivering every image taken at the EVENT(S). The COMPANY will not be held liable to capture every action that occurs at the EVENT(S). The CLIENT understands the COMPANY will do its best to capture images the CLIENT has communicated are ‘must-have’ images, however the COMPANY will not be held liable for failure to capture and/or deliver these images. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY. The COMPANY agrees to deliver “Image USB or Photo Gallery” to CLIENT no later than 4 weeks after the EVENT(S) has taken place. A request for Rush Delivery (delivery of images less than 72 hours after EVENT date) will require an advanced additional payment of $350. The final total of images delivered will be left to the discretion of the COMPANY. In the event the CLIENT is not satisfied with one or more of the images captured and delivered (as well as not captured and/or not delivered) by the COMPANY, the COMPANY will be under no obligation to return any monies paid.
POST PRODUCTION AND EDITING: The final post-production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY. The COMPANY will not be held accountable for failure to deliver images of CLIENT and/or EVENT(S) in any specific or assumed editing style. The COMPANY reserves the right to change the COMPANY’s editing style at will and without prior notice to the CLIENT. In the event the CLIENT is not satisfied with one or more of the images edited and delivered (as well as not edited and/or not delivered) by the COMPANY, the COMPANY will be under no obligation to return any monies paid.
FEE: A non-refundable retainer fee of [YOUR SESSION FEE] shall be required upon signing of this agreement. No final versions of images will be released to the CLIENT until payment has been received in full. The fees and expenses bid or estimated by the COMPANY are for the original job description as presented by the CLIENT. Subsequent changes or actual job conditions may result in additional charges. COMPANY shall seek approval of additional expenses whenever reasonable and appropriate. COMPANY’s fee is for a standard length day of up to [YOUR SESSION TIME]. If the time required to fulfill the assignment should extend beyond [YOUR SESSION TIME], the additional time will be billed at the hourly rate of $375.00 per hour, billed in one-hour increments, up to a total of 2 hours for the day. The COMPANY agrees to minimize any and all unexpected expenses. Nevertheless, unexpected expenses shall be added on as an addition to the originally estimated total, and shall be invoiced accordingly.
PAYMENT & LATE FEES: The aforementioned 100% non-refundable retainer fee is due prior to your scheduled session date and by [THE DUE DATE PROVIDED] and at the time of signing of this agreement. In the event the COMPANY is not able to obtain payment more than 3 days past the retainer fee due date, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, and not attend the EVENT(S).
RETAINER FEE GUARENTEE: Services are not considered contracted or definite until a retainer fee has been successfully received by credit card, debit card or bank transfer along with this signed EVENT agreement.