Capturing the Moment

Terms and Conditions

Wedding Photography Terms

ENTIRE AGREEMENT: This agreement contains the entire understanding between Emerald Eye Design and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

RESERVATION: A signed contract and reservation fee are required to reserve the specified coverage.

PRE-EVENT CONSULTATION: The parties agree to a pre-event before the event date in order to finalize the actual shooting times, locations, and CLIENT’S request list (in writing) for specific photographs. If the bride’s or groom’s late arrival prevents the photographer from capturing particular photographs the photographer shall not be held liable for failure to take desired photographs.

COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Emerald Eye Design

recommends that CLIENT designate an “event guide” to point out important individuals for informal or candid photographs to the photographer during the wedding that they wish to have photographed. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photograph’s. Emerald Eye Design is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Emerald Eye Design.

SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT in a manner enjoyed by all parties. CLIENT and Emerald Eye Design agree that cheerful cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time.

HOUSE RULES: The photographer is limited by the guidelines of the ceremony official or reception site management. CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is CLIENT’s responsibility; Emerald Eye Design will offer technical recommendations only.

COPYRIGHTS: Until final payment for services rendered is made, the photographs produced by Emerald Eye Design are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Emerald Eye Design’s explicitly written permission. Upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT under the following conditions:

The digital high-resolution images are the property of CLIENT for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives.

The Hi-Resoloution Disk may not be re-produced by the client for other parties. It may be copied as backup for personal use of the client, but may not be passed on to others. (Disk are available for purchase for family and friends from Emerald Eye Photography)

The Client must obtain written permission from and compensate Emerald Eye Design prior to the CLIENT or its friends and relatives publishing or selling the photographs for profit.

EXHIBITION: Specific images to be used by Emerald Eye Design in the future. CLIENT grants Emerald Eye Design permission to display selected images resulting from this assignment as an example of Emerald Eye Design’s photographic work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.

MODEL RELEASE. The CLIENT hereby grants to Emerald Eye Design and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases Emerald Eye Design and its legal representatives and assigns from all claims and liability relating to said photographs.

LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill to photograph the event, Emerald Eye Design will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. Emerald Eye Design takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Emerald Eye Design’s control, Emerald Eye Design’s liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

SECURITY DEPOSITS: In the event of cancellation, the security deposit paid is non-refundable. It shall be liquidated damages to Emerald Eye Design in the event of a breach of contract by CLIENT. The CLIENT shall also be responsible for payment for any Emerald Eye Design materials charges incurred up to time of cancellation.

COMPLETION SCHEDULE: Image adjustments, CD, DVD and proofs take approx 3 - 4 weeks.

PAYMENT SCHEDULE: 50% due at time of signing of agreement. Balance payable in full at time of photograph pick up (within 3 weeks following the wedding date). *or EzyPay


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