I confirm that I have read and understood this contract, and I agree to enter into this contract with El Rho Photo by paying the required deposit.
1. Photographer’s Responsibilities. El Rho Photo ("Photographer") hereby agrees to perform photographic services for Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry ("Services"). Photographer may employ one or more assistants. Photographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. Photographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by client because of Photographer’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.
If Photographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, Photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such event, Photographer shall not be obligated to refund any of the fees paid by Client because of such action.
2. Deposit/Payment. A non-refundable deposit (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due upon execution of this agreement, at which time Photographer commits to being available to Client on that date. Remaining payments of the balance due for the Services shall be made as set out in the Payment Schedule. In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), to attend the Event or to supply images.
3. Term. The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the final, Client-approved album layout (“Album”) to the Client, unless terminated earlier as provided herein.
4. Image ownership. El Rho Photo reserves the right to use all images and video for purposes including advertising, web, social media including submissions to external businesses such as blogs and Magazines, to feature your gallery or video. Wedding clients will be provided with between 1-5 sneak peek images within 3 days of their wedding date. We also reserve the right to post any sneak peak images provided on social media prior to handover of your full and final project.
5. Delivery Date. We endeavour to return all photo and video as soon as possible. For all things motherhood, standard turnaround times are 2-3 weeks. For weddings, standard turnaround times are 6-8 weeks, however, we reserve the right to take up to 12 weeks in extreme circumstances. In the case of any delay in payment by the client, editing works will not begin until the invoice is paid in full. In such cases your turn around schedule will commence on receipt of payment also.
6. Editing process. El Rho Photo’s editing process involves colouring, retouching and general aesthetic only. We do not supply services for any form of body manipulation or major airbrushing. Upon request we are happy to provide Raw footage of wedding speeches if desired by a wedding client and arranged prior to the date of wedding. However, under no circumstances do we provide the client with raw or unedited images or video captured during any other period of a session. We are bound only to provide the described amount of photo and video as itemised in the invoice summary. At no point shall the client be involved in the selection of video clips or images.
7. Event Change. El Rho Photo must be notified immediately of any changes in schedule or location, at least 7 Days in advance of the scheduled Event date. If Client notifies Photographer by phone, a written (i.e. email) confirmation must be sent within 2 days of such notification. If the date of the Event changes, and notice is not given via the period specified above, then Photographer shall be entitled to the retainer amount as liquidated damages for having to reschedule the event. The retainer amount will need to be repaid upon booking the new date, subject to Photographer's availability.
8. Cancellation. Upon acceptance of these terms and payment of the retainer, Photographer shall commit to attending the Event on the specified date. If Client cancels the Event entirely, then Photographer shall not be required to repay any of the payments made by Client.
9. Force Majeure. If El Rho Photo is unable to attend Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Photographer’s sickness, or other acts of God beyond the parties’ control, then El Rho Photo reserves the right to provide an assistant relief to film or photograph on their behalf. Should an assistant photographer not be possible El Rho Photo will return all money paid by Client (including any retainer), and this Agreement shall immediately terminate.
10. Indemnification. Wedding client hereby acknowledges that Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Photographer harmless for the impact such restrictions may have on the final product.
11. Limitation of Liability. Photographer's entire liability for any claim, loss, damage or injury arising under or relating to this agreement is limited to the fees paid by client for the services. In no event shall photographer be liable for special, incidental, consequential, or punitive damages, even if client informs photographer of circumstances that would give rise to such damages.
12. Waiver/Miscellaneous. This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during, or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.
13. Protection of Deliverables/Retention of Files. Photographer shall take all reasonable steps to protect the images that are recorded at the Event until such time as the Album is delivered to Client. Once the Album has been delivered, Photographer shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored.
14. Promotion. I/we hereby give permission for Photographer to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing.
I confirm that I have read and understood this contract, and I agree to enter into this contract with El Rho Photo by paying the required deposit.
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