1. Exclusive Photographer
Tarron Bell Photography and its agents are to remain the exclusive professional photographer retained by the Client for the purpose of photographing the event. Family and friends of the Client are encouraged to photograph the wedding or reception as long as they do not impede the Photographer's duties and do not photograph poses arranged by the Photographer.
2. Deposit and Payment
The Client shall make a 20% deposit of the package price to retain the Photographer to perform the services specified herein on a specific date. The remaining balance is to be paid four weeks before the event.
Deposit is NON-REFUNDABLE should the wedding be cancelled by the bridal couple for whatever reason. In the event that the booking being cancelled or not honoured by Tarron Bell Photography or its representatives the full deposit is REFUNDABLE by Tarron Bell Photography and or its representative to this contract.
4. Photographic Materials
All photographic materials, including but not limited to negatives, transparencies, proofs, digital files (including RAW, Tiff, JPEG), and previews shall be the exclusive property of the Photographer.
5. Copyright and Reproductions
Tarron Bell Photograph and its agents shall own the copyright in all images and photographic materials created and shall have the exclusive right to make reproductions. The Photographer and its agents shall only make reproductions for the Client or for the Photographer's portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, advertising, illustration, editorial use, or for display within or on the outside of the Photographer's studio, including printed materials, media on the World Wide Web, and any current or future digital media. If the Photographer and agents desires to make other uses, the Photographer and agents may do so without or oral/ written permission of the Client.
6. Client's Usage
The Client is obtaining prints for personal use only, and shall not sell said prints or authorise any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for newspaper announcement of the wedding, Photographer authorises Client to reproduce the print in this manner. In such event, Client shall request that the newspaper runs a credit for the Photographer adjacent to the photograph, but shall have no liability if the newspaper refuses or omits to do so. If Client purchases limited, non-exclusive usage rights to digital files, such usage shall be for personal, non-commercial use only.
7. Failure to Perform
If the Photographer or its agents cannot perform this event due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer's illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client's order.
The Photographer may substitute another photographer to take the photographs only in the event of Photographer's illness. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
9. Inherent Qualities
The client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. The client is also aware that Photographer is not responsible for the quality of reprints made by the client.
10. Photographer's Standard Price List
The charges in this Agreement are based on the Photographer's Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
11. Client's Originals
If the Client is providing original prints, negatives, or transparencies owned by the Client to the Photographer for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for any dollar amount.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
The client will be charged 100 percent fee and expenses for any required reshoot requested by the client, and be subject to all the terms and conditions of the Assignment Photography Contract (available on request).