T E R M S  &  C O N D I T I O N S  O F  W E D D I N G  C O N T R A C T

 

Terms and Conditions:

•        Reservation: Upon receipt of signed copy of the contract and payment of the retainer fee,  Amanda Steele Photography will reserve the time and date agreed upon, and will not make any other reservations for that time and date. The retainer fee is non refundable for any reason except if the photographer cancels this contract or for any other reason unable to carry out this contract.

•        Retainer Fee and Payments: The client shall make a retainer of $550 to retain the photographer to perform the services specified herein. The Retainer Fee is credited towards the total amount of the Wedding Package and is non refundable (except if the photographer is unable to perform – see Failure to Perform, below). The remaining balance of the wedding package is due in full no later than one week prior to wedding date (unless payment plan has been discussed previously). In the event that the balance is not paid in full by this time, the photographer will consider this contract null and void and will not be obligated to cover said event.

•        Exclusive Stills Photographer: It is understood that no other stills photographer, whether amateur or professional, shall be appointed to carry out stills photography whilst the photographer is working (however, an appointed videographer shall be permitted to carry out video work). The photographer shall be the exclusive photographer retained by the client for the purpose of carrying out the stills photography. However, Family and friends of the client shall be permitted to carry out photography as long as it does not interfere with the photographer’s duties. The photographer has the right to ask others to stop photographing – which will be done very politely if needed.

•        Independent Contractor: This contract is not to be construed as an employment contract in any way; the photographer functions as an independent contractor.

•        Cancellation by the Client: The client may cancel this contract prior to the wedding day by written notice to Amanda Steele Photography and will therefore forfeit any monies paid. If wedding is cancelled and/or rescheduled due to COVID-19, any monies paid can be transferred to a new date up to one year after initial date booked. 

•        Photographic Materials: All photographic materials, including but not limited to negatives, transparencies, proofs, previews and digital files, shall be exclusive property of the photographer (see Clients Usage, below)

•        Copyright and Reproductions: The photographer shall own the copyright to all images created. It is further agreed that the Photographer may display and use photographs from the wedding day for advertising, display website and internet promotion, photographic contests, bridal shows, public displays, photography books, photography instructional books, store fronts, window displays, studio displays, television advertising, magazine advertising and any other purpose thought proper by the photographer.

•        Model Release: The client hereby grants to Amanda Steele Photography and it’s legal representatives and assigns, 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 and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases Amanda Steele and her legal representatives and assigns from all claims and liability relating to said photographs.

•        Client Usage: Amanda Steele Photography will supply the client with copies of prints and/or a CD, as outlined in “The Client will Receive” above, of all the high resolution images for personal use only; and the client shall not authorize any reproductions thereof by parties other than for clients personal use. The client must not claim copyright or authorship of the images, sell them or enter them into a competition where a prize is being offered. The client may upload the images to social networking sites or websites, and may reproduce and distribute any images in any manner they like for sharing and enjoyment of friends and family, but Amanda Steele Photography must be clearly marked on each photo, whether in caption or tagged. The client must obtain written permission from Amanda Steele Photography prior to the client or their friends and family for publishing or selling the photographs for profit; without written permission, the client may not profit in any way from the photographer’s work.  Please not that if any family members/friends choose to post the photos on their own personal page (such as Facebook or any other social media) they MUST tag or caption Amanda Steele Photography as well. No exceptions.

•       Failure to Perform/Limit of Liability: In the unlikely event that the Photographer is unable to carry out the contract due to a fire, or other casualty, strike, act of god, illness, or any other cause, then the photographer shall return to the client all monies that the client has paid, including the retainer, but shall have no further liability with respect to this contract. The liability of the photographer in any event shall be limited to the refund of any monies paid by the client. this limitation on liability shall also apply in the event that photographic materials, including but not limited to negatives, transparencies, proofs, previews, and digital files, are damaged or lost in processing, damaged or lost through camera or computer malfunction, lost in the mail, or otherwise damaged or lost. The client agrees that an wedding ceremony cannot be replicated, re-enacted or repeated for the purpose of a re-shoot and limits the photographer’s liability to the amount paid under this contract.

•       License and Coverage: Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements (as previously discussed via Pinterest)

  The photographer shall be granted artistic license in relations to the poses photographed and the locations used. Although every effort will be made to comply with clients’ requirements, the photographer’s judgment regarding the location, poses framing and number of photographs taken shall be deemed correct.

  During the course of the event, the photographer shall endeavor to photograph all individuals and events requested by the client, but no responsibility will be taken by the photographer is certain people or events are not included. (The photographer cannot be everywhere at once)

  The photographer shall make all decisions on which images shall be kept, which shall be discarded, which shall be computer edited and which shall be supplied to the client. The client will not have access to the images that the photographer has decided not to supply to the client, either due to the images being considered of poor quality, being duplicates, or otherwise.

  The photographer shall be granted artistic license to carry out computer editing of the photographs in any way that the photographer sees fit. The client will not make decisions about which photographs are edited, in what manner or by what means.

•      Inherent Qualities: The client accepts that not every single photograph is going to be the perfect picture and will not hold the photographer accountable for opinions the client may have on the photographs received.

•     Refunds: There will be no refunds once the event has been photographed.

•     This Contract Incorporates the Entire Understanding Between Parties: It supersedes all prior and simultaneous contracts between Amanda Steele Photography and the client. Any modifications of this contract must be in writing and signed by both parties.