Terms of Agreement: This agreement, including the following terms and conditions, is a contract for photographic services between DeGroot Film Co. LLC (hereinafter referred to as the Photographer) and Erin Samson & Matthew Barney (hereinafter referred to as the Client). The Photographer should be notified in writing immediately of any changes in scheduling or location. It is the client’s responsibility to confirm all arrangements 7-10 days prior to the date of the event.
1. Description of Photographic Services to be Provided
Wedding day photographic coverage will take place at the locations and times outlined above. Coverage will include documenting events as well as formal photographs of the couple alone and with family/bridal party. Coverage will end at a time mutually agreed upon by the Client and Photographer. Time of wedding day photographic coverage as is noted above per amount of hours booked, which starts at the time the photographers begin photographing & includes any travel time and dinner.
Due to the limited and subjective nature of the event, DeGroot Film Co. LLC cannot be held responsible for requested photographs not taken or missed or for lack of coverage resulting from weather conditions or scheduling complications caused by, but not limited to anyone in or at the event or by church/location restrictions. It is hereby acknowledged that any lists submitted are suggestions for the Photographer’s consideration and will be used for organizational purposes only and in no way represent photographs that will actually be produced.
2. Wedding Package:
Time of wedding day photographic coverage as is noted above, with one USB containing wedding edits, a document release printing rights, and optional special order prints, products, or services at an additional cost. The USB will be delivered to the client within 6-8 weeks of the wedding date and only after all payments have been completed. Time estimates for delivery of items may vary. Any requests above basic edits are subject to an additional fee. Any complimentary service has no monetary value. Complimentary sessions are to take place prior to wedding and hold no value post wedding. Complimentary sessions are subject to photographer’s availability. Photographer is not responsible to make sure you schedule complimentary sessions.
3. Service Fees and Service Fee Schedule:
A retainer fee ($500.00) is required upon execution of this contract to reserve the Photographer’s services for the date and time specified. In exchange for the retainer, the Photographer agrees not to make another reservation for the specific date and time frame. For this reason, all retainers are nonrefundable even if the date is changed or the wedding becomes postponed or canceled for any reason. Total package price must be paid by one (1) month prior to the event. If, for some reason, the payment is late, client is responsible for a 10% late fee per day late. In addition to the non-refundable retainer fee, the remaining balance is non-refundable once the wedding coverage has been photographed.
DeGroot Film Co. LLC recommends paying in cash, money order, or certified check for deposits and final balances. However, In the event of choosing to pay by personal check for your deposit or final balance, the client will be held responsible for the following amounts should their personal check bounce or not clear: 1) the amount of the personal check written; 2) any overdraft fees DeGroot Film Co. LLC incurs as a result of the clients bounced personal check; and 3) a $50.00 handling fee to DeGroot Film Co. LLC for time involved in dealing with a bounced personal check. Please note: USB’s will not be released until these fees are paid in full.
4. Copyright and Licensing Notice
The images provided are licensed to the Client for any reasonable personal purposes, including but not limited to: printing, copying, emailing, and web publishing. The Client's license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature.
Upon the Client receiving the USB, the Photographer is released from any liability due to loss or damage of the images, and also releases the
Photographer from any obligation to maintain copies of any digital file, image, or photograph. The Client hereby grants to the Photographer the right to use and publish photographs taken at the wedding to further promote their service, including but not limited to: portfolio, website, Facebook, display, advertisement, and editorial use. The Photographer agrees to limit the use of these photographs to promotional use only.
The Photographer may revoke this license at any time and for any reason. The Photographer retains all copyrights to the images and derivative works thereof. The Client agrees to not make any modifications to the images using any form of editing software by any person. By using any of these images, you are agreeing to the above terms.
5. Cancellation by the client:
The service fee is nonrefundable in case of cancellation or date change by the Client but may be applied toward future photographic services subject to date availability within one year of the original wedding date. Should client cancel within 90 days of the wedding date, the full package balance is still due upon due date and subject to any late fees and charges.
6. Photographer’s Failure to Perform Service
If the Photographer cannot perform this Agreement in whole or in part due to a cause beyond the reasonable control of both parties, such as, but not limited to: acts of G-d, nature, terrorism, fire, flood, or theft, then the Photographer shall credit the client for all fees paid toward future photographic services. The Client agrees that an entire wedding cannot be replicated, reenacted, or repeated for the purpose of a re-shoot, and limits the Photographer’s liability under such circumstances to the amount paid under this contract.
In the event of the Photographer’s illness or injury, the Photographer reserves the right to substitute another professional photographer to take the photographs. Should the Photographer fail to provide a substitute, all fees paid will be refunded to the client. All parties to this contract hereby agree that said refund shall terminate any further liability to this agreement and that the amount of liability cannot exceed the amount of this contract.
7. Wedding/Event Guide:
The Client will be responsible for designating someone to identify people/objects of whom/which specific photographs are desired. The Photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s) or if the person designated fails to select the correct people.
8. Guest/Service Provider Cooperation:
The Client will direct all other service providers to provide any pertinent information and cooperation to the Photographer. The Client should share the photography schedule with other service providers to make sure that there are no conflict in times. The Client is responsible for the conduct of the guests. If the Client is unable to control the conduct of the guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of the guests damages the equipment of the Photographer, it will result in the early or immediate departure of the Photographer. The Client understands that in such an event, no refunds will be granted. The Client will be responsible and hold the Photographer harmless for any actions resulting from the use of photographs of people in attendance at the event.
9. Exclusivity:
The Client acknowledges that the Photographer will be the only professional photographer for this event. The Client agrees that at no time shall anyone attempt to document the event in such a manner that interferes with the ability of the Photographer to properly perform the paid service. If in any time this occurs, the Photographer cannot be held responsible for photos not captured. The Client also agrees that during bridal party & couples portraits the Photographer and his/her associates will have full exclusivity with the Client in which no guests will be allowed to take photos.
10. Miscellaneous
It is the Client's option to provide the Photographer and his/her assistant(s) a meal for events of 4 hours or longer. If no meal is provided, it is understood that the Photographer and his/her assistant(s) will leave the event for one hour to purchase a meal. The Photographer is not responsible for any photos that may be missed while obtaining a meal. It is understood by the Client that either option is included in the amount of hours of photographic coverage.
The Photographer will make every effort to accommodate any reasonable requests. We, the undersigned, have read and agree to comply with the terms and conditions listed in sections 1-10 of this contract and acknowledge receipt of a signed copy of this Agreement.