CONTRACT OF AGREEMENT
THE CLIENT - BRIDE & GROOM
1. We authorise deee loves Photography (Deanna Gerlach) to arrange the photography of our Wedding, in accordance with the details submitted on the 'Wedding Details Form'. We understand there is a 3 working day cooling-off period from the date of the signing this contract and for any orders placed.
2. We have received, read and understand deee loves Photography’s price list, which has been confirmed for our wedding, on payment of the deposit/booking fee. We agree that the payment of the initial deposit/booking fee confirms the booking with deee loves Photography as per the details submitted on the Wedding Details Form.
3. We agree to pay the full balance at least 2 weeks prior to the Wedding Day. Failure to do so gives the deee loves Photography the right to refuse to carry out the full photographic service.
4. The booking of and any additional costs incurred for booking venues, photography locations etc are our (Bride & Groom) responsibility and may be deducted from the photographic coverage unless paid for separately. (NB if the photographer is required to remain after the meal, a meal should be provided by the Bride and Groom)
5. We are satisfied that the details supplied are correct and will confirm the details prior to the wedding. We agree to advise the hairdressers and make-up artists, the hire cars and the caterers of all relevant times, details and locations as detailed here and to coordinate their services.
6. To avoid disruption to the photographic coverage and to allow deee loves Photography to fulfil her contracted duty, other photography by family and friends will be at the discretion of deee loves Photography.
7. The details & times listed form part of this agreement and we agree to make every effort to cooperate in order for deee loves Photography to fulfil it’s contracted photographic duty. We acknowledge deee loves Photography cannot accept responsibility for the ‘extent’ of the photographic coverage if these details are incorrect or if we chose not to follow the agreed to schedule.
8. We accept the responsibility to contact deee loves Photography, at least two weeks prior to the wedding, to confirm the details are correct and there are no alterations.
9. We agree to immediately advise deee loves Photography in writing of any alterations in the details listed here including postponement or cancellation of the wedding.
10. In the event of cancelation of the Wedding or a change of mind, we agree that the deposit/booking fee will be forfeited, but that deee loves Photography may allow a claim towards other photography by deee loves Photography within twelve (12) months of the that of this order.
11. We agree the Copyright in all photographs is owned by deee loves Photography. We give permission to deee loves Photography to use any image of our wedding for industry competitions and as required subsequent usage and for the reasonable general promotional advertising for deee loves Photography. The usage for any other purpose is to be renegotiated between the parties and requires specific permission.
12. We understand that these photographs are only to be used as agreed and may not be manipulated or altered in anyway (e.g processed through filters) unless written approval had been granted by deee loves Photography.
13. The digital negatives remain the property of deee loves Photography and will be kept on file for a period of five (5) years. We recognise that materials & technology change constantly so we need to place our required order as soon as possible to obtain the optimum quality. We note that we may then negotiate with deee loves Photography for release of the Digital Negatives.
14. Regarding reordering photographs, we also understand that:
a. All orders including family and friends’ orders are to be placed with eight weeks of collection of the proofs, otherwise prices current at the time of ordering will apply.
b. The wedding will be considered one order, regardless of how many individual parties requests photographs. We will be responsible for the entire order and no partial orders will be given out until the balance of the Order is paid.
c. All orders shall remain the property of deee loves Photography until full payment has been made.
d. Should we fail to pay, collect and order with the fourteen (14) days of notification of completion, the order shall be in default and deee loves Photography shall charge a default charge of 1.5% per month (18% annual rate) on the unpaid balance (minimum monthly charge of $5.00). In addition, we acknowledge that no future orders will be processed until the Order is paid in full.
e. All orders shall remain the property of deee loves Photography until full payment has been made.
f. Telephone orders require written confirmation with payment before the order can be processed.
g. All reasonable freight and postage, which we request, will be paid by us.
15. deee loves Photography has no control over the environment in which the photographs are kept and that the colour of the photographs, in common sensitised material and colour dyes, have limited life expectancy when exposed to strong and prolonged sunlight or fluorescent light sources. Photographs will retain their colour and brilliance much longer when displayed under better lighting conditions.
THE PHOTOGRAPER – Deanna Gerlach trading as deee loves Photography
1. Should I, Deanna Gerlach, not be available for any reason, I will notify the Bride and Groom of the change as soon as it is known and provide another photographer with equivalent skills or refund deposit, if so requested.
2. As the photographs made by deee loves Photography are manufactured with the finest materials currently available, deee loves Photography unconditionally guarantees them. If in your opinion any photograph made by deee loves Photography has lost its original colour, deee loves Photography will replace the photograph for fifty percent (50%) the current price. The original photo must be returned and the reprinting charge paid in advance. This warranty will be valid for as long as deee loves Photography has in its position the original negative/s in a printable condition.
3. deee loves Photography shall carry out this assignment with due and professional diligence. Elements beyond the photographers control include faulty material, equipment failure, damaged memory cards, loss of memory cards/photos/negatives in transit between the Studio and professional laboratories employed by deee loves Photography, loss or damage to memory cards, negatives and proofs during processing and developing either by deee loves Photography, industrial disputes, civil disturbances, or weather conditions which may inhibit or prevent deee loves Photography completing in whole or in part this assignment. In this case deee loves Photography shall not be liable for its complete performance of the assignment.
It is agreed that the liability of deee loves Photography shall be limited to be a refund of any money paid under this agreement, which shall be in full & final satisfaction of any damage or loss suffered.