Package Complete Information
Coverage Grand Total:$2,000.00
Extended Wedding Coverage
If additional wedding coverage is requested for the day of the wedding, additional charges for extra photography on the wedding day shall be charged at $300 per hour, and shall become payable within 14 days of presentation of an invoice by the Photographer.
The bride and groom (hereafter Clients) hereby agrees that Across the Sea Photography (hereafter collectively and individually called Studio) will photograph said wedding date and shall be the exclusive stills/print photographer retained to provide the photgraphy at the above described event.
Serious injuries or death of any of the signing parties to this agreement or an immediate family member will cause this agreement to be void, with documentation from physician, funeral director, etc. In the event of photographer's sudden illness preventing appearance or performing contract, client has the option of allowing Studio to transfer this contract to another photographer or allow client to contract with another photographer. All fees except retainer will be returned.
To assure the appearance of Studio for said date and time, Clients agree to pay a retainer (herafter Appearance Fee) of $600.00 (non-refundable) upon the signing of this Agreement and is applied toward the grand total. Payment of the balance $1,400.00 is due one week prior to event date. Make payments to Sarah Kellner, 1441 Detroit Ave. Concord, CA 94520. Clients agree to pay a service charge of $35 for returned check or payment. Clients agree that Studio may withhold the final products & services from Clients until the entire balance of all fees and are paid in full.
Retainers and Cancellations
Upon receipt of the Appearance Fee, Studio agrees to reserve the time and date agreed upon and will make no other commitments for date and time. Should the wedding be rescheduled or postponed, the Appearance Fee paid may be applied towards a new date based on Studio's availability. If Studio is not availabe on the rescheduled day, or if wedding is cancelled, the total retainer/Appearance Fee monies must be paid by Clients to Studio as liquidated damages. Should the event be postponed as a result or wars, revolutions, acts of enemies, strikes, floods, fires, power failers, acts of God such as weather-related emergencies, serious illness or injury of either part, or any other cause not under the direct control of either party to this contract, neither party will be held to the terms of this agreement. When the event is rescheduled, client agrees to give Studio first opportunity to provide photography services under the same terms and conditions. Should Studio be unavailable for the rescheduled date, a full refund is due, less appearance fee (30% of coverage).
Negatives (Digital Files)
Studio shall keep all negatives and/or digital files for its own personal use. The duplication of any Studio images for other than personal and prive use without expressed written consent is forbideen. After 18 months from date of event, even if Clients have not obtained their entire package, their entire package will be considered final (inclusive of album) and files may be destroyed. Studio strongly believes in quality imagery versus quantity imagery and is not obligated to deliever an exact amount of photographs.
Meals for Studios photograpahers and assistants at the above described event will be provided.
1. Permission is hereby given to Studio to use reporoduction of pictures for general marketing purposes in accordance with reasonable commerical practice including, but not limited to, within Studios place of business, on the Internet, globablly, and for personal meetings with prospective clients. Clients hereby agree that all negatives, digital files and any and all pictures derived therefrom at the described event are the property of Studio. Clients may not sell their images or authorize any third part use of any image without written consent of the Studio.
2. The Photographer grants the Client the right to make unlimited number and format of copies of the photographs in any medium for personal use and the Photographer shall issue a written Photo Copyright Release to third parties to authorize such reprints.
Current prices for items ordered and/or itemized as stated above will be guaranteed for 180 days after event date. If Clients' order is not placed within that time frame, items may be charge new prices. Thus, if Clients wait to place an additional order, it may cost more. Prices are subject to change at any time without this notice.
Albums are put into design on a first come, first serve basis. Clients who do not follow through with the selection of the album purchase listed above within 265 days from the date of above event, will forfeit all rights to receiving said album or pay a fee of $350 to move forward with album. Clients NOT specifying an album as part of their contract may purchase an album at any time, however, the price of the album is determined at the time of ordering when outside of the contract.
Specific Photographs and Liability
1. Studio will make every effort to assure Client satisfaction according to accepted industry standards. Any artistic interpretations by Studio will be deemed acceptable and correct. Due to the changing and fluid nature of special events, Studio does not guarantee the production of any specific image(s). Events outside of Studios control, such as weather, late arrival of Client or subjects, missing persons, short timelines, venue restrictions, guest intereference, intoxicated individuals, etc. may preclude the creation of some images. Studio assumes no liability for failure to comply with the terms of the Agreement due to events outside of Studios control.
2. Studio may not be held liable for or subject to damages for failure to provide any proofs or prints due to negligence, accident, or any other avoidable or unavoidable action mentioned or unmentioned by any individual, other service agency or third party necessary in performing the function set forth in this agreement.
3. Clients hereby agree that Studios liability for damages pursuant to this Agreement is limited in amount to total value of the Appearance Fee and Service Fee actually paid by Clients pursuant to this Agreement.
4. The Photographer shall not be liable for any claims whatsoever resulting from alterations made to the material by the Client.
Limitation of Liability
If the Photographer has reason for not performing under this Wedding Photography Contract, the following provisions shall apply:
1. If the Photographer cannot attend to his duties for medical reasons or other emergency, all effort shall be made by him/her to engage a competent replacement photographer at no extra cost to the Client. If the Photographer cannot source a replacement photographer or the Client is not satisfied with the proposed replacement, all monies paid by the Client (including the Reservation Deposit) shall be refunded in full and the Photographer's liability shall be limited to this refund.
2. All monies shall be refunded and this Agreement become null and void if an act of God or other catastrophe necessitates cancellation, or in case of death or serious illness to either party or their immediate families up to five days before the wedding. Such cancellation must be in writing and a registered professional shall attest to the illness or death referenced as reason for cancellation.
3. The Photographer undertakes to use the utmost care and reliable equipment throughout the capturing, backup, processing and transportation of the material. If however, the material is lost, stolen or damaged for any reason, the photographer shall refund all monies received and his/her liability shall be limited to this refund. If a portion of the material is lost, stolen or damaged for any reason, then the refund shall be calculated pro-rata based on the package selected and his/her liability shall be limited to this partial refund.
All deposit fees are non-refundable. A minumum of two months notice before event day is required by Clients to cancel contract. After that timeframe, Clients are required to to obtain the full payment of contracted service. If cancellation is initiated by Studio, all monies will be paid to Studio will be refunded, including desposit fee. Refund will be paid out at months end.
The photographer agrees to indemnify the client against all expenses, damages, claims and legal costs arising out of any failure by the photographer to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property.
The photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the day of the wedding. In all other cases the client shall be responsible for obtaining such clearances and will indemnify the photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
If any dispute between the parties arises under this agreement and cannot be resolved in good faith through informal negotiation, such dispute shall be settled by arbitration. Studio and Clients shall agree on a firm or individual to conduct the arbitration. Studio and Clients shall provide an equal share of the costs of conducting the actual arbitration. Studio and Clients shall each bear their own costs for legal representation, transcripts, depositions and any other costs required to prepare the arbitration.
Proofs and Final Images
Studio, as a photographer and artist with whom Clients entrusts photography to, retains the judgment to remove any image(s) from the proofs that it deems bad or irrelevant.
Studio will deliever final products, prints, and digital files 4-6 weeks after the date of contracted event.
Permits, Location Fees and Expenses
Clients will be responsible for obtaining any and all permits and/or paying any fees or commissions required by any venue, person or location being utilized for the wedding or any sessions included herein this contract. This will include, but not limited to houses of worship, parks, reception venues or event coordinators. Any additional expenses beyond what is outlined in the previous paragraphs and specifics of this contract, including, but not limited to, travel, lodging, admittance and parking fees, will be the responsibility of the Clients.
If any section, subsection, sentence, part or application of this Agreement be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate any other section, subsection, sentence, part or application but shall be confined in its operation to the section, subsection, sentence, part or application directly involved in the controvery in which such judgement shall have been rendered.
This contract is not assignable except with the written consent of all parties hereto.
This agreement is between Clients and Studio, and excludes all this party interests.
Agreement: This contract is the ENTIRE agreement of the parties. No other terms or conditions are expressed or implied. Any additions, corrections or modifications to this contract must be in writing and signed by the Clients and Studio. Oral modifications are not enforceable at any time. This Agreement shall be governed under the laws of the State of California.
Retainer Paid: 30% of total wedding coverage amount.
The undersigned hereby warrants that he/she is over the age of 18 and has full contractual capacity.
Client(s) agree(s) to only sign if they have read and agreed to the terms of service in this contract and they believe all information is deemed correct to the best of their knowledge.
Balance Paid by: 11/11/17
Studio agrees to the above contract or agreement with Clients named above and will perform contracted services.