Agreement

The person(s) whose signature(s) appear on this contract, known as “Client”, agree that Clint & Bethanie Creative known as “CBC” shall provide services to photograph to the best of their abilities, in the manner described in this document. This is a binding contract, which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.

Liability

If CBC are unable to perform any or all of the duties herein for any reason, including but not limited to fire, transportation problems, acts of God, accident, illness, negligence of Client, or technical problems, and if they cannot provide another competent professional, all money received by CBC (minus expenses) will be returned to Client or session rescheduled, and CBC shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photography/ videos or failure to deliver photographs/videos for any reason. Liability for a partial loss of photographs/videos shall be pro-rated based on the percentage of total. If such event(s) occur, it shall entitle CBC to extend the completion/delivery date, by the time equivalent to the period of such delay. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.

*The above has never happened in 10 years of photographing Weddings

Non-Refundable Deposit & Payment

We reserve the time and date of services by signing along with a non-refundable, non-transferable reservation retainer of $1,000 for wedding services and total fee applicable. No date is reserved until the contract and retainer are received. The balance due for wedding/event services must be paid in full no less than 6 weeks prior to the event date. In the event Client fails to remit payment as specified, CBC shall have the right to immediately terminate this Agreement with no further obligation, retain all monies already paid, and not attend this event. Unless the contract is canceled, the retainer fee shall be applied to the photography/video fee total.

Copyright

All photographs/videos taken by CBC are their property and will remain their property. Client hereby waives any claims for ownership, income, editorial control, and commercial use of the images. Clients receive non-commercial usage rights to their images. Client can use them for any personal use, i.e. printing for family/friends, emails, or FB, etc. Client cannot make a commercial gain from images through publication or sales. Under no circumstances will RAW photo or video files be released to Client for review.

Downloading

Upon receipt client accepts all responsibility for archiving and protecting them. CBC aims to keep final files for a period of 6 months and does not permanently archive files. It is the Client’s responsibility to make sure digital files are copied to new media as required.

Reschedule of Wedding/Event

In the event Client reschedules the wedding/event and CBC are able to rebook the original date, Client will receive a credit for all monies already paid and must be applied to the new date. A new contract may be required. At no stage will a refund be issued.

Cancellation of Wedding/Event

If for any reason Client cancels this contract before the shoot date CBC will retain all monies paid. Cancellation must be made in writing and receipt acknowledged by CBC. If Client cancels within 6 weeks of the event/wedding, Client shall be required to pay the full balance due. At no stage will a refund be issued.

Coverage

CBC will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement before or on the wedding day and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposed and as a guide only. CBC will use professional judgment and sole discretion to select which photos/videos to deliver. Such selection shall constitute all images that will be made available to Client. Under no circumstances will RAW photo or video files be released to Client for review.

Responsibilities

Unless agreed upon in advance, CBC shall be the exclusive photography retained for the event, as described in this Agreement. CBC may bring an assistant at their discretion. Wedding guest may take photos, but it is the responsibility of Client to prevent family and friends from interfering with CBC duties. CBC is not responsible for compromised coverage due to causes beyond her control such as other people’s camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiate. CBC is not responsible for existing background or lighting conditions, which may negatively impact or restrict the photography coverage. Client will be sent a questionnaire regarding timeline for wedding day approximately 6 weeks prior to the event and is expected to return this at least 2 weeks prior to the event. Any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up email for documentation. If email is sent, confirmation of receipt much be obtained.

Model / Talent Release

This contract serves as a model release giving CBC the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. CBC can grant use of the images to third parties and all compensation for use and credit for the images remain the property of CBC. Client waives any right to inspect or approve photographs/videos, finished version(s) incorporating the photograph(s)/ video(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, legal representatives, heirs, and assigns.

Harrassment

Ensuring the appropriate behaviour of all guests and other persons at the wedding and other events covered by CBC shall be the responsibility of Client. In the event CBC experience any inappropriate, threatening, hostile, or offensive behaviour from any guest or other person (including, but not limited to unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offence: a verbal warning will be issued to a family member of the client; second offence: the offending person will be required to leave the wedding or event; third offence: CBC will end wedding coverage immediately and leave the event. CBC shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold CBC harmless as a result of incomplete wedding or event coverage.