1.ENTIRE AGREEMENT: This agreement contains the entire understanding between Maria Wright trading as Momentos Photography and The Client. It supersedes all prior and simultaneous agreements between the parties.
2. FEES: Upon receiving the agreed deposit Momentos Photography will reserve the date agreed. For this reason, the deposit is non-refundable. The Client understands and agrees that the remaining balance described in the contract is due 1 day before the photography session date.
3. CANCELLATION: If the Client cancels the photography session, the deposit will not be refunded.
4. INSURANCE: Maria Wright is trading as Momentos Photography is insured for public liability up to £1 million.
5. COOPERATION:
The parties agree to positive cooperation, communication and punctuality. Momentos Photography is not responsible for individuals’ failure to be present or to cooperate.
6. COPYRIGHT: The 1998 Copyright, Designs, and Patents Act assigns copyright to Momentos Photography. Under this contract The Client is permitted to print, edit, crop and share copies of photographs for personal use. The Client may not use the photographs taken under this contract, or allow copies to be made photographically, electronically, or by any other means for other purposes (e.g advertising) unless agreed with Momentos Photography beforehand.
7. CREATIVE LICENCE: Momentos Photography shall be granted creative and artistic license in relation to the choice of locations, poses used, photographic style and post-processing style. Judgement on photographic style and the number of photographs taken shall be deemed correct. Momentos Photography will try to honor requested photographs, but does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
8. PROFESSIONAL IMAGE MANIPULATION: Momentos Photography undertakes some professional image manipulation that includes red eye removal, colour correction, artistic effects, minor skin retouching etc. Image manipulation and editing is completed at the discretion of Momentos Photography and the photographer’s creative license and the technical limitations with regards to image manipulation shall be deemed correct.
9. IMAGE DELIVERY: Momentos Photography will provide the client with high-resolution JPG images as outlined in the specified package. The number of edited images included shall be deemed correct. RAW images or unedited images will not be supplied by Momentos Photography.
10. GALLERY COMPLETION: Momentos Photography will provide The Client with a link to download high-resolution JPG images as outlined in the specified package.
11. ALBUM COMPLETION SCHEDULE: If an album has been ordered, Momentos Photography will provide The Client with the specification of album that has been outlined. The Client understands that external album suppliers are used and that production and delivery times are out of the photographer’s control. The album manufacturer reserves the right to change album specifications without prior notice and in this event, Momentos Photography will recommend a suitable alternative. If the alternative is not accepted by The Client, liability shall be limited to a refund of monies paid for the album only.
12. PRINT ORDERS: Print products may be ordered after the photography session.
13. STORAGE OF PHOTOGRAPHS: Momentos Photography requests that The Client and their guests place orders for prints, additional USBs, additional albums and other photographic display products within 3 months after the photography session date. Whilst Momentos Photography strives to store photographs indefinitely, The Client accepts that after their photographs and album (if applicable) has been delivered, no further guarantee is made on the storage of photographs. Momentos Photography advises The Client to back up their photographs once they have received.
14. LIMIT OF LIABILITY: In the unlikely event of death, medical or accidental emergencies or natural disasters, it may be necessary to find an alternative photographer. Momentos Photography will make every effort to secure a replacement photographer able to provide a similar package. It is The Client’s responsibility to pay the new photographer’s fees should they be more than the current fees. If a suitable replacement is not found, responsibility and liability is limited to the return of all monies paid including deposit. In the unlikely event of Momentos Photography being late to the photography session, medical or accidental emergencies, natural disasters, fire, flood, severe weather conditions, transport breakdown or delay, severe traffic conditions or other unforeseen circumstances, responsibility and liability is limited to the return of monies paid excluding deposit. Momentos Photography takes the utmost care over the transportation, processing, storage and back-up of photographs; including using professional grade equipment, backup equipment, hardware and software. However, in the unlikely event of The Client’s photographs being lost, stolen or destroyed for reasons beyond Momentos Photography’s control including total photographic failure, the latter’s liability is limited to the return of monies paid excluding deposit.
15. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the photography session, Momentos Photography cannot place an unconditional guarantee on the above. Momentos Photography is not responsible for acts of nature, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond Momentos Photography’s control that may affect the fulfillment of the contract.
16. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
17. AMENDMENTS: Only changes or modifications specifically placed in writing or via email and accepted by The Client and Momentos Photography shall be recognised as amendments to this contract.
18. RIGHT OF WITHDRAWAL: Changes to agreed circumstances, locations, facilities or times; non-cooperation; and/or late payments, may result in the withdrawal of this contract.
19. DISPUTE RESOLUTION: In the unlikely event of a dispute arising in connection with this contract, both Momentos Photography and The Client undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
I have read and understood the terms above. I hereby agree to the terms of this agreement and I understand that this contract comes into effect immediately when using Momentos Photography services.
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