AGREEMENT Overview: This Agreement expresses the full and complete agreement between the named parties and Nicola Anne Designs (NAD) regarding the subject matter hereof. It supersedes all prior agreements.
RETAINER & PAYMENT SCHEDULE: A $500 booking deposit fee is due to confirm the booking. This is a NON-REFUNDABLE RETAINER. Should Client cancel or otherwise breach this Agreement, the NON-REFUNDABLE RETAINER shall be liquidated for damages to NAD. The Client shall also be responsible for payment of any materials/charges incurred up to time of cancellation. Otherwise, the retainer shall be applied towards the final total, with the remainder of charges payable in full, two weeks prior to the event. In the event that the photography times are altered or cancelled within 2 weeks of the event, the full payment remains due and is non-refundable.
COPYRIGHT: The client agrees to assign all copyright of any resulting images and files to NAD. NAD grants you a license for personal use of the supplied images. Licensed images may not be resold, distributed for commercial use, published for commercials use, or used for profit or publicity by anyone other than NAD without express written permission. The client acknowledges that images used by NAD for promotional or other purposes, may contain their, or their friend’s/partner’s/family member’s faces, or other identifying features, and consents on behalf of all individuals involved in the photo-shoot or event. Unless otherwise agreed, the client has unexclusive license of the images delivered to them, and is able to use the images for personal use.
The Client hereby releases NAD and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to NAD use of said images.
PERSONAL USE: The client may make prints of the images, both watermarked and non-watermarked, for personal use. The images are not to be used for marketing purposes, unless agreed to prior to the shoot. If the images are placed on social media, the client will credit NAD, and link back to NAD where appropriate. Images supplied to the client are not to be further edited or altered by the client, with the exception of being re-cropped as per the guidelines below. A gallery of images will be supplied to the client within twelve weeks of the event. Only edited JPEG format images will supplied to the client. The selection of images provided to the Client is at the sole discretion of NAD. RAW images will, under no circumstances, be provided to the client. Some images may not be in 4x6 format due to cropping; however, can be printed in photo books, re-cropped by the client or printed as cropped by NAD (recommended). The number of images delivered to the client will exceed the number of images supplied in the client’s chosen package. The Client has access to a number of images (dictated by their choice of package) for download, free of charge. Should the Client wish to download further images, or order any additional prints of albums, these are available for purchase via the gallery link supplied to the Client.
The Client gallery is available to the client for 90 days – after which the gallery will expire and cease to be accessible. Any orders must be placed within this 90 day timeframe.
Should additional images be requested, this must be done within 30 days of receiving your final set, as RAW files are not held by NAD after this time. This request can be denied by NAD, or alternatively, additional images may be edited and supplied at a cost of $10/per additional image requested. The additional images chosen for supply are at the sole discretion of NAD.
NAD will retain digital copies of all supplied images for a period of two years following the date of the shoot. In the event that the client’s copy of images are lost and/or stolen, replacement images can be supplied on a generic USB at a cost of $55.
GALLERY CREDIT: Gallery credit included in photography sessions can be used for any downloads, prints, or albums found in the gallery link provided to the client. Gallery credit is not redeemable for cash, and no refunds or change will be given for unused gallery credit. The code for gallery credit is to be used ONCE. Additionally, gallery credit AND complimentary downloads are able to be used by the Client ONLY, and any additional visitors to the gallery must purchase downloads, prints, and albums, at the prices listed. Any misuse of gallery credit or complimentary downloads are the responsibility of the Client, and will result in NAD seeking full recovery of funds lost, as a result of this misuse.
COOPERATION: Unless otherwise noted, NAD, its associates or employees will be the exclusive photographer(s) at this event. The client agrees that guests may not take photos of the assigned photographer(s) setups, poses or arrangements without prior permission of the photographer(s). The Parties agree that good faith cooperation and communication between them is important in obtaining a good result. NAD recommends that Client identify to the photographer(s) important individuals during the event and during associated portraits, if they wish to have them photographed. NAD will not be held accountable for not photographing desired guests if there is no one to assist in identifying and gathering people for photographs. NAD is not responsible if key individuals fail to appear or cooperate during photography, or for missed images due to details not revealed to NAD or circumstances beyond the photographer(s) control. NAD cannot, and does not, guarantee specific images, and cannot, and does not, guarantee that specific images will be edited for the final set supplied to the client.
HOUSE RULES: Client agrees and understands that the photographer(s) are limited by the guidelines of the ceremony official or reception site/venue management and Client agrees to accept the results that may occur from said guidelines. Negotiation with the officials for moderation of guidelines is solely the Client’s responsibility. NAD will, however, offer technical recommendations concerning such guidelines.
LIMIT OF LIABILITY: In the unlikely event that the photographer(s) are injured, become too ill, or has an emergency that prevents them from photographing the event, NAD will make every effort to secure a replacement photographer. This will be the first step made by NAD. The Client will be made aware of the replacement arrangements as soon as possible. If a suitable replacement is not found, Client agrees that responsibility and liability of NAD to the Client is limited to the return of all payments received for the event. NAD takes the utmost care with respect to exposure, storage, and processing of the photographs/images, but cannot and does not, guarantee that photographs/images of the event will not be lost, stolen, or destroyed for reasons within or beyond NAD control. Client agrees that NAD or the photographer(s) full and complete responsibility and liability is limited to the return of all payments received for the event. Client further agrees that the limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the estimated percentage of the total number of original images. The Client acknowledges that NAD will not operate in wet weather conditions, unless supplied with a sheltered area under which to work from.
PRINT PACKAGES: In the event that a print package has been ordered, the Client acknowledges and understands that these are ordered from a third party, and NAD takes no responsibility for delays on orders as a result of delays from the printer. The images used in the Wedding Albums are chosen by NAD and the photo-books are designed individually for the Client. Albums and prints will not be re-ordered as a result of the client changing their mind; replacements will only be supplied where there is a practical fault with the product. NAD reserves the right to order a similar product, should the advertised product be unavailable.
SOCIAL MEDIA: The Client agrees that, should a grievance arise, this will immediately be raised via email with NAD, and NAD will work with the Client to resolve any issues, and will aim to provide a positive outcome that satisfies all parties. NAD agrees to pursue all appropriate, and possible, courses of action to resolve the grievance, so long as that action is within the guidelines of this contract. If an occasion should arise where the outcome is not considered satisfactory to the Client, the Client understands that it is a breach of their contract to name NAD on social media, in a way that is defamatory, negative, or gives information regarding the grievance. Should NAD become aware of any such posts on social media, NAD reserves the right to withdraw services from the Client, and any and all payments made to NAD will be liquidated for damages to NAD.
NAD takes no responsibility for any injury caused to any person directly or indirectly involved with a photo-shoot or event, and clients engage in shoots at their own risk.
I hereby confirm that I agree to the terms and conditions outlined above. By paying the deposit, the Client confirms that they have read this contact, and understand and accept the above terms and conditions, on behalf of all subjects involved in shoot or event.