TERMS & CONDITIONS
1. You are hiring Photographer to photograph your event, edit the photographs, and provide you with copies.
1.1. Client retains Photographer to photograph event. This agreement (or “contract”) contains the entire understanding between Photographer and Client. It supersedes all prior and simultaneous agreements between the parties and may only be changed with a written addendum, signed by both parties. The laws of the state of Nebraska shall govern this contract and clients agree that any legal action between the parties shall take place within Omaha, Nebraska. Client assumes responsibility for all collection costs and legal fees incurred by Photographer if such become necessary. In the event that any part of this contract is found to be invalid or unenforceable, the remainder of this contract remains valid and enforceable. Failure by one or both parties to enforce a provision in this contract does not constitute a waiver of any other portion of this contract.
2. The parties agree that the best possible result is created through cooperation and communication.
2.1. Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Photographer.
2.2. Client understands that, while the Photographer makes all best efforts, no particular photograph of any single moment or individual is guaranteed and that not all guests of the event will be photographed.
2.3. The parties understand and agree that Photographer will accept photography direction from the Client (or Client’s Designee) only. Photographer is unable to take direction from anyone other than the Client/Designee to ensure smooth, conflict free, performance of the duties under this agreement.
2.4. Photographer will not be responsible for any photographs ruined by guests’ (or any other) flashes or any other ruined photographs to do any other causes in or outside of Photographer’s control.
3. Parties agree to at least one pre-event consultation.
3.1. The parties agree to a pre-event consultation before the event to finalize any details (shooting time, location changes, etc.) This consultation may be done in person, if possible, by telephone, or by other means agreed upon by the parties. Although Photographer will try to accommodate any special requests, Client understands that photographer offers no guarantee that any specific photograph will be taken. Client understands that Client is responsible for designating an individual to identify, for Photographer, those people of which Client wants specific photographs.
4. Client understands that Photographer must follow event location & officiant rules
4.1. Photographer is limited by the rules of the event locations associated with the event and their management. Client agrees to accept the technical results of their imposition on Photographer. Photographer is not responsible for any fees associated with event location site permits, admittance fees, or any other fees associated with the event locations required for Photographer to perform pursuant to this contract.
4.2. Photographer may be limited by the officiant. Client agrees to inform Photographer of all limitations imposed by the officiant. In the event that Client is unaware of officiant’s restrictions, Client understands that Photographer will abide by any limits the officiant has regarding time and place for photography.
5. Parties agree upon a set amount of time that Photographer will photograph Event.
5.1. The Number of hours is the minimum time Photographer will spend photographing. The Number of hours is continuous and commences at the Event Start Time stated in this agreement regardless of actual start time of the event. If the event ends early for any reason or if Photographer is asked by the Client/Designee to stop before the Number of hours is completed, a refund will not be due to the Client. Photographer will provide additional photography time at the request of the Client at the Extra Photography Time Rate in no less than half hour increments.
6. Parties are agreeing that the deposit/ fee is earned upon being paid in accordance with the following liquidated damages clause.
6.1. The parties agree that quantifying the losses arising from Client’s cancellation is inherently difficult insofar as cancellation may impair Photographer’s ability to obtain a replacement client, may impact the photographer’s reputation, and may result in Photographer suffering monetary losses as a result of travel expenses, materials purchases, etc. The parties further stipulate that the agreed upon sum (referred to interchangeably as a “deposit,” “booking fee,” and/or “reservation fee”) is not a penalty, but rather a reasonable measure of damages based on the parties’ experience in the photography industry and given the nature of losses that may result from Client’s cancellation.
6.2. The deposit is non-refundable, even in the event the date is changed or cancelled for any reason, including acts of God, fire, strike and extreme weather.
6.3. The deposit is due and payable as follows:
6.3.1. The deposit fee of 25% of the total cost is due upon execution of this contract. This contract is not considered valid until this initial deposit is paid. Photographer WILL NOT reserve any dates, confirm contract, or make any other preparations for client’s event UNTIL this fee is paid.
6.3.2. The remainder 75% of the total cost is due two weeks before the event. If the remainder amount is not paid within two weeks of the date due, Photographer may deem the contract void, Client understands that all funds paid will be considered earned, and the parties have no further obligations to one another.
6.3.3. If this contract is signed within 90 days of the event, Client agrees that 50% must be paid upon execution of this contract and that this contract is not valid until this initial 50% is paid. Photographer WILL NOT reserve any dates or make any other preparations for Client’s event UNTIL this deposit is paid.
7. What happens if this contract is cancelled.
7.1. At the Client’s discretion.
7.1.1. Client understands that pursuant to this contract, Photographer may forgo opportunities to book other business on the date of the event. Client understands that in exchange for this consideration, Client agrees to the following:
18.104.22.168. In the event that Client reschedules the event and Photographer is available for the rescheduled date, Photographer may amend the Event Date in this contract and Client will receive credit for all funds paid. In the event that the Client reschedules the Event and Photographer is NOT able to rebook the original Event, Photographer will NOT amend the Event Date in this contract and Client will forfeit the deposit. The Photographer reserves the right to charge additional fees to cover added expenses incurred due to the date change.
22.214.171.124. In the event that the Client cancels the Event outright, Client will forfeit the Deposit. If the Client is to cancel the terms of this agreement within 90 days of the event, full payment is required on two weeks before scheduled event date. Cancellation must be in writing; a phone call alone is insufficient.
7.2. At Photographer’s discretion.
7.2.1. In the unlikely event that Photographer is unable to provide the services described in this contract for any reason including, but not limited to, illness, injury, emergency, or act of God, sudden event or other circumstances beyond the control of Photographer, Photographer 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. This contract will be transferable to said photographer.
7.3. Return of monies paid.
7.3.1. In the event that any refunds are due under the terms of this Agreement, Photographer will issue refunds to the person/entity who paid.
8. Photographer’s Travel Expenses
8.1. The travel expenses represent the entirety of the reimbursement to cover travel time, travel expenses, and related expenses incurred by Photographer associated with travel to the event location necessary to fulfill the obligations under this agreement.
8.2. When applicable, the Client is responsible for all travel, accommodation and transport costs. All travel expenses are based on the distance between the event location and the Photographer’s address. All miles in excess of 20 miles round trip are charged at $0.575 per mile.
9. Final Payment
9.1. The final payment is due 14 days prior to the event.
9.2. Photographer will only begin editing photographs after all payments have cleared.
9.3. No photographs or other materials will be released to Client until all payments have cleared.
10. How to pay and what fees may be added.
10.1. Payment may be made by
10.1.2. Check (written to The Eye & Hand Project);
10.2. There is a $35.00 charge for payments returned by the bank for any reason.
10.3. If the Photographer agrees to accept a payment after the due date, an additional fee of 5% may be charged.
11. Parties agree that the Photographer will receive meals and breaks.
11.1. Photographer works diligently to photograph the event and may need to make reasonable use of the restroom or break for water and a meal. If Photographer will be photographing for five hours or more, Client agrees to provide a meal for Photographer. If no meal is provided, Photographer reserves the right to go off-site for a meal for 45 minutes.
12. Photographer is only person to be paid to photograph and guest photographs may have consequences.
12.1. Unless otherwise agreed, Parties understand that Photographer will be the sole person hired to photograph event. Photographer reserves the right to bring one assistant at Photographer’s discretion.
12.2. Paparazzi guests may ruin photos. Photographer requests that Client’s guests take photos during the event only if they do not interfere with the Photographer. If a problem arises, the On-Site Event Contact will be advised to handle the situation for the Photographer.
13. Digital Images, Prints and Copyrights
13.1. The photographs or prints produced by Photographer are protected by United States Copyright Laws (USC Title 17) and all rights are reserved other than as prescribed elsewhere in this agreement. High resolution digital photographs are intended for personal use and printing of Client. The Photographer grants the Client permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to The Eye & Hand Project. Digital editing and processing may take up to eight weeks after the Wedding Date for completion and posting to the online proofing gallery.
13.2. Images may be used on personal web sites as long as a copyright notice appears near the images stating that they were taken by Photographer as well as a web link to http://www.eyeandhandproject.com is placed onto the web site.
14. How many, when, and what to expect of final photographs.
14.1. The determination of images delivered to the Client is left to the discretion of The Photographer. Photographer will not provide any unedited or “RAW” files. Photographer may choose not to deliver all photographs taken during the Photography Time.
14.2. Client agrees and understands that Photographer may perform digital retouching of photos, including blemish removal, creative effects, and other minimal digital image edits but is under no obligation to reconstruct anything of an extreme nature such as body/facial re-shaping. Photographer will also not be held liable of any images delivered that include any situation in which is out of Photographer’s control such as unfit clothing, poorly done makeup of which may produce unappealing skin tones, drugs, excessive alcohol consumption, or any obstruction within an image of significance that cannot be re-shot. Client agrees to hold Photographer harmless for any edits which may be viewed as defamatory or demeaning. Photographer is hired to capture what the camera sees and do the best that can be done within Photographer’s power to produce the best images possible for the Client, but is in no way liable of any issues that are the direct result of Client, guests, or other vendors.
14.3. The final post production and editing styles, effects, and overall look of the images are left to the discretion of Photographer.
15.1. If an album credit is included in the package, the album credit includes professional layout and design by Photographer, actual physical album, and final delivery of album. The post production of physical album is left to the discretion of Photographer. Album credit applies to rates in album catalog provided to Client.
16. Ordering seconds.
16.1. The Photographer maintains Client photos for 365 days after the Event Date.
16.1.1. Until that time, Client may order digital photos, physical prints and/or albums.
16.1.2. After that time, Client understands that the Photographer has no obligation to provide any copies of any photos from the Event.
17. Model Release
17.1. The Client hereby grants to the Photographer and Photographer’s legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the event and Clients, provided the photographs are not obscene or inflammatory, for editorial, trade, advertising, stock, commercial, competitive and any other purpose and in any manner and medium; to alter the same without restriction and without further notice to Clients, and to copyright the same. The Client hereby releases the Photographer and Photographer’s legal representatives and assigns from all claims and liability relating to said photographs.
18.1. Clients are expected to inform Photographer of appropriate attire for the event or else it will be to Photographer’s discretion. Attire may include but is not limited to dress shirts, ties, suits, dress slacks, polos, shorts, jeans, t-shirts, flip flops, tennis shoes, and dress shoes. If requesting that Photographer wear specific colors or materials that Photographer does not own the clients will either be required to purchase for Photographer and assistants or request colors or outfits within Photographer’s wardrobe.
19. No Harassment Policy
19.1. Client is to ensure the appropriate behavior of all guests and other persons at the wedding and other events covered by Photographer shall be the responsibility of Client. In the event Photographer experiences any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to the client or their designee; second offense: Photographer will end wedding coverage immediately and leave the event, Photographer shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.
20. Limit of Liability
20.1. Photographer takes the utmost care with respect to exposure, transportation, and processing photographs including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, damaged, or destroyed, Photographer's liability is limited to the return of all payments received. The limit of liability for a partial loss of originals shall be a prorated amount of the photographs lost based on the percentage of total number of photographs agreed upon in this contract. The limit of liability shall not exceed the contract price stated herein.