Agreement of Services
This agreement contains the entire understanding between the LAPELA PHOTOGRAPHY and the (CLIENT). It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
A signed contract and retainer fee are required to reserve the dates and times of the Wedding. If the Wedding are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to LAPELA. The CLIENT shall also be responsible for payment for any of LAPELA materials charges incurred up to time of cancellation.
The client agrees to confirm the schedule one-week prior to the Wedding. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from LAPELA by the CLIENT.
The COMPANY reserves to right to terminate coverage and leave the location of the Wedding if the photographers from the LAPELA experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the Wedding; or in the event that the safety of the photographer from LAPELA is in question.
SHOOTING TIME / ADDITIONS:
The CLIENT and the LAPELA agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the Wedding, shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
The LAPELA is not responsible for compromised coverage due to causes beyond the control of the LAPELA including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the LAPELA, rendering of decorations, or restrictions of the locations. The LAPELA is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The LAPELA is not held liable for missed coverage of any part of the Wedding. The LAPELA will not be held accountable for failure to deliver images of any individuals or any objects at the Wedding.
VENUE AND LOCATION LIMITATIONS:
The LAPELA is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the LAPELA. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the LAPELA will offer technical recommendations only.
The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the LAPELA will be performing services.
FILM and COPYRIGHTS:
The photographs produced by the LAPELA are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the LAPELA explicitly written permission. If the CLIENT has purchased an “Image DVD” from the LAPELA, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an “Image DVD” from LAPELA, the LAPELA 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 LAPELA. The CLIENT must obtain written permission from the LAPELA prior to publishing or selling the photographs.
The CLIENT hereby assigns the LAPELA 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, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY:
In the unlikely event that the assigned photographer from the LAPELA is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the LAPELA, the LAPELA 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 Wedding.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the LAPELA control, including but not limited to camera, hard drive, or equipment malfunction, the LAPELA liability is limited to the return of all payments received for the Wedding. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The LAPELA is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY:
The LAPELA is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the LAPELA.
POST PRODUCTION AND EDITING:
The final post production and editing styles, effects, and overall look of the images are left to the discretion of the LAPELA.
The aforementioned _____% non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full prior to or the day of the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $_____ non-sufficient funds fee.
Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.