Terms & Conditions

This Event Agreement is made and entered into effective {{current_date}} by and between {{business_name}} and  {{cust_full_name}} (“Purchaser”)

Agreement:
Now, therefore, in consideration of the foregoing premises and the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Section 1: {{business_name}} Responsibilities

1.1 Scope of Services. Subject to payment of all applicable fees and the continued cooperation of the Purchaser, {{business_name}} shall use commercially reasonable efforts to provide the products and services as set forth or described in the Statement of Work attached hereto as Schedule A (the “Statement of Work”). The Statement of Work, including any schedules, specifications, timelines, and requirements included therein, is incorporated into and made a part of this Agreement. In the event {{business_name}} and the Purchaser agree that {{business_name}} should provide additional services under the terms of this Agreement which are not included in the original Statement of Work, such additional services and the arrangements for their provision shall be set forth in an addendum to this Agreement, which document shall be incorporated into and made a part of this Agreement (the services described in this Agreement and the Statement of Work and the additional services, if any, are hereinafter collectively referred to as the Services). All Services will be provided in accordance with this Agreement. Except as expressly provided herein, the Purchaser agrees that {{business_name}} is responsible only for providing the Services.

1.2 Purchaser shall at all times have complete control, direction and supervision of the Event. Purchaser expressly reserves the right to control the manner, means, and details of the Event. {{business_name}} must receive the supplied event planning documents at least 30 days prior to the date of the Event in order to be included in the scheduling guidelines. With or without the aid of completed event planning documentation, {{business_name}} shall attempt to perform Services based on Purchaser’s expectations, but shall not be held responsible due to inability resulting from lack of planning on Purchaser’s part.

Section 2: Purchaser Responsibilities

2a. Purchaser will take reasonable steps to protect Classic Photographer’s equipment, materials and personnel during the Event, setup and takedown. Any damages incurred due to lack of reasonable protection on Purchaser’s part (except in the case of gross negligence or willful malfeasance by {{business_name}} will be payable by Purchaser to the extent of repair or replacement of damaged equipment, materials, and all costs of medical treatment.

2b. Purchaser is responsible for all charges imposed by Venue(s). These charges may include, but are not limited to, parking, use of electric power, elevators, fire marshal, and the time before and after the Event used by {{business_name}} for setting up and taking down equipment.

Section 3: Time and Payment

3a. Purchaser shall pay a non-refundable Reservation Fee as duly noted in the Statement of Work & the Total Due will be reduced by the paid amount of the Reservation Fee. The Purchaser shall pay {{business_name}} any balance due at least 30 days before the Event. Any payment accepted 30 days before the Event must be in the form of credit card, cashiers check or money order and paid to {{business_name}} before Services are performed.

3b. Event Fee applies only to Start Time through End Time as specified in the Statement of Work. Purchaser and {{business_name}} may mutually agree to extend Services beyond the time specified above, at the rate of $150.00 per hour for photography and $199 per hour for videography and/or DJ services, billed in one-hour increments at the designated rate over the grace period.  There will be a 10-minute grace period before overtime is incurred for any one-hour period. All provisions of this agreement shall continue to apply during any such extension of Event. Overtime is based solely on the availability of {{business_name}} to perform and is at the discretion of {{business_name}} personnel.

3c. Hours of photography shall remain consecutive. {{business_name}} does not permit breaking up of hours, breaks, etc.

3d. In the event of non-payment or incomplete payment, {{business_name}} retains the right to attempt collection through the court system. Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by {{business_name}}. Purchaser shall be charged $35 for each bounced check, in addition to all service charges associated with collections.

3e. In the event that Purchaser is more than 2 payments behind schedule agreed upon by Purchaser & {{business_name}}, said company has the right to substitute out agreed upon photographer with another photographer available for said wedding date. Purchaser is still responsible for contract terms of payment outline in this contract. {{business_name}} will still provide a photographer for the wedding, provided all payments are made prior to wedding date.

Section 4: Termination of Agreement

4a. This agreement cannot be canceled except by mutual written consent of both Purchaser and {{business_name}}. If cancellation is initiated by the Purchaser in writing and agreed to by {{business_name}} in writing, Purchaser shall be required to pay 50% of the entire event fee. If the contract is cancelled in writing within 6 months of the wedding date the purchaser is obligated to pay the entire event fee.

4b. This agreement shall be excused by detention of {{business_name}} personnel by sickness, accidents, riots, strikes, epidemics, acts of God, or any other legitimate condition beyond {{business_name}} control. If such circumstances arise, {{business_name}} will make all reasonable efforts to find replacement personnel at the agreed-upon fees. Should {{business_name}} be unable to procure such a Photographer Purchaser shall receive a full and prompt refund of all fees paid, including the Reservation Fee. Purchaser agrees that under all circumstances, {{business_name}} liability shall be exclusively limited to an amount not to exceed the Event Fee, and that {{business_name}} shall not be liable for indirect or consequential damages arising from any breach of contract.

Section 5: Miscellaneous

5a. Purchaser may not transfer this contract to another party without the prior written consent of {{business_name}}.

5b. Any changes must be written and signed by both Purchaser and {{business_name}}. Oral agreements are non-binding. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force.

5c.{{business_name}} may elect not to exercise some rights as specified in this agreement. By doing so, {{business_name}} does not waive the right to exercise those rights subsequently.

5d. This agreement shall be governed by the laws of the State of which in it was signed by {{business_name}} in the event of suit involving or relating to this agreement, the legal venue shall be State of which in it was signed by {{business_name}}

5e. In the event of circumstances deemed by {{business_name}} personnel to present a threat or implied threat of injury or harm to personnel or any equipment or materials in personnel’s possession, {{business_name}} reserves the right to cease performance. If Purchaser is able to resolve the threatening situation quickly (15 minutes maximum) and to {{business_name}} personnel’s satisfaction, {{business_name}} shall resume Services in accordance with the original terms of this agreement. Purchaser shall be responsible for payment in full, regardless of whether the situation is resolved or whether {{business_name}} resumes performance of Services. {{business_name}} reserves the right to deny anyone access to the equipment and materials provided by {{business_name}}.

5f. Purchaser agrees to defend, indemnify, assume liability for, and hold {{business_name}} harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains or results directly or indirectly to performance of Services. In the event that a civil action arises in an effort to enforce any provision of this agreement, the losing party shall pay reasonable attorney’s fees and court costs of the prevailing party.

5g. False claims, Negative comments, Slander

 Client agrees to refrain from any negative or critical posting or communication of any kind on any type of media outlet including but not limited to, the internet, social media like Facebook or Twitter, print media, or other types of media, until all methods of resolution, including litigation and assigned arbitration have been exhausted.  In the event, that Client resorts to such action, Client will be held responsible for any damages to the reputation of Classic Photographers, including but not limited to libel, slander, false claims or accusations and including court and/or attorney fees plus $250.00 per day penalty shall be issued and collected for each day the posting is online. Furthermore, Client agrees that there will not be any other products or services, other than those included in the original contract that will be offered to resolve any of these issues or complaints.

5h. In the event the chosen photographer is unable to honour their contractual agreements for the wedding, due to any acts of God or anything that is beyond the control of the photographer; i.e. car accident, illness, etc, Purchaser agrees that {{business_name}} will follow the policy of a 24/7 backup service. {{business_name}}, should the photographer be unable to make this commitment, will use this policy to guarantee that a photographer will be at the wedding. Purchaser agrees to this policy and understands that {{business_name}} will only use this policy in the event of an emergency only.

5i. If a location for the wedding or engagement session is on an island or area of land not accessible by car, and transportation is needed to get photographers to this location (i.e. ferry, plane, etc), then Purchaser is required to provide a mode of transportation (i.e. arranging and purchasing ferry tickets) for all their professionals present on behalf of {{business_name}}.

 Section 6: Photography

6a. {{business_name}} does not guarantee the quality of the pictures taken and is not responsible for poor exposures related, but not limited to: Poor lighting, bad weather, acts of nature, etc.

6b. Purchaser has reviewed the demo account online and understands pictures taken by {{business_name}} will be of the same quality.

6c. Purchaser agrees that {{business_name}} have mutual reprint rights to all pictures taken and {{business_name}} may use them for advertising and sales purposes. This includes, but is not limited to: Sales of dvd images to your guests, web advertising, and demo pictures that may be sent to potential Purchasers.

6d. Purchaser also agrees they will not be compensated for use of their pictures in any way.

 6e. Purchaser is responsible for the appropriate state sales tax on all photography services and product purchased and serviced within the State the wedding takes place.

6f. While every attempt is made to create the best images possible, no particular photo is guaranteed. {{business_name}} shall have no further liability with respect to the agreement. If {{business_name}} is unable to perform to the obligations in this contract for any other reason, {{business_name}} will not be liable for costs in excess of the amount the Purchaser has paid.

6g. {{business_name}} will number all images based on the sequences shot, delete poor quality images, color correct all images color balance all images, crop images when it deems beneficial to the look of the image, & categorize all images. Major retouching such as removing people or blemishes from images will be billed at the cost of $35 per hour if requested by the Purchaser.

6h. All high-resolution images with reprint rights will be provided to the purchaser in the form of high resolution download within 60 to 90 day of wedding date ({{event_date}}) completion.  This download will include edited images from every point in the day. All videos will be provided to the purchaser via a digital download link within 180 days of wedding date ({{event_date}}) completion.

6i. If the purchaser requests a photographer change 30 days or less from the event date. Purchaser will be responsible for a change photography fee of $200.00

Section 7: Photography Products

7a. Purchaser has reviewed the sample products and understands all products produced by {{business_name}} will be of the same professionalism.

7b. {{business_name}} will make every attempt to have all edited images ready to view within 30 days after the wedding date. Images will be available for viewing on an online Zenfolio gallery. {{business_name}} reserves the right to substitute Zenfolio for a similar gallery product.

 7c. Albums & Photo Books will be fulfilled by {{business_name}}. Purchaser must order these types of products within 6 months from the wedding date. Failure to begin the order for an album/photo book within 6 months from the wedding date will result in a $100 service fee per item. Purchaser may also be subject to any difference in retail price of these items from their contracts signed date to the date when products are ordered.

7d. Any professional print products will be fulfilled in the form of a gift credit for the retail value of all the products excluding albums and brag books via Zenfolio. Said credit will be valid for up to 6 months from the wedding date. {{business_name}} reserves the right to substitute Zenfolio for a similar professional lab. If said products are not ordered by purchaser within 6 months then purchaser will be subject to a $10 per item service fee as well as any differential in the retail product price from the contract sign date to the product order date.

Section 8:  Videography Products (if applicable)

8a. Purchaser has reviewed the sample products and understands all products produced by {{business_name}} will be of the same quality.

8b. Classic Photographers does not guarantee the quality of the footage taken and is not responsible for poor exposures related, but not limited to: Poor lighting, bad weather, acts of nature, etc.

8c.  Classic Photographers will produce 3 video products. This includes 1 “Highlight” (5-7 minutes) this will feature most major moments in the day, set with music and transitions. 1 “Movie” or “Episode” (30-60 minutes) an extended version of the “Highlight”. 1 copy of Raw footage, all raw footage will be pieced together chronologically this will include every moment captured in the day. Raw footage, inherently, remains unedited and untouched.

8d. {business_name}} will make every attempt to have all video products ready within an estimated 180 days from the wedding date.

8e. Following completion, {{business_name}} guarantees the video products will remain online on an active and downloadable link for up to 6 months (180 days). {{business_name}} shall not be held responsible for the loss of footage due to failure to download within this period.

8f. Lead In stills for wedding video are due 3 days before the wedding date. If Purchaser sends pictures after said date but before we edit the footage Purchaser will be charged a $50 service fee. Once footage is edited putting on the lead in pictures will require a $250 service fee.

8g. Hours of contracted videography shall remain consecutive. {{business_name}} does not permit breaking up of hours, breaks, etc

Section 9: DJ Products (If Applicable)

9a. Purchaser has reviewed the sample products and understands all products produced by {{business_name}} will be of the same quality.

9b. Purchaser shall at all times have complete control, direction, and supervision of the Event. Purchaser expressly reserves the right to control the manner, means, and details of the Event. {{business_name}} must receive the supplied event planning documents at least 30 days prior to the date of the Event in order to be included in the scheduling guidelines. With or without the aid of completed event planning documentation, {{business_name}} shall attempt to perform Services based on Purchaser’s expectations, but shall not be held responsible due to inability resulting from lack of planning on Purchaser’s part.

9c. Hours of contracted DJ services shall remain consecutive. {{business_name}} does not permit breaking up of hours, taking breaks, etc.

9d. Additional hours are available at a cost of $199/hour. If the client chooses this option to add overtime on the date of the Event, DJ is to notify Classic of this change so the client can be billed accordingly.

9e. In the event the chosen DJ is unable to honour their contractual agreements for the wedding, due to any acts of God or anything that is beyond the control of the photographer; i.e. car accident, illness, etc, Purchaser agrees that {{business_name}} will follow the policy of a 24/7 backup service. {{business_name}}, should the DJ be unable to make this commitment, will use this policy to guarantee that a DJ will be at the wedding. Purchaser agrees to this policy and understands that {{business_name}} will only use this policy in the event of an emergency only.