The following terms and conditions are enacted between the client and Mel and Tim Photography (MTP) upon receipt of successful payment of the booking/retainer fee for event (corporate event or wedding) photography services with MTP.
The payment schedule is 50% of the amount agreed due at the time of booking and the remaining balance due one (1) month prior to the event date unless otherwise stated in the invoice. The paid booking/retainer fee confirms/saves your event date(s). The booking/retainer fee is non-refundable. The client is allowed to make advanced payments.
The client is expected to provide a meal for MTP photographer(s) and MTP staff if the duration of work exceeds four (4) hours.
In the event that the client cancels, the client understands that the 50% booking/retainer along with additional payments paid is non-refundable and will not be forfeited. It will be considered as liquidated damages to MTP photographer(s).
Pre-event consultation normally occurs at the time of booking and finalized a week prior to the event date. The client will outline the required photography services and coverage time. MTP will advise on event photography logistics and timings where needed. Additionally, MTP will remain in contact with the client to check on event updates. Any additions to the scope of work may be subject to additional charges.
The client and MTP consent to happily cooperate and communicate with each other to achieve the best possible photography coverage within the understanding of this agreement. For specific coverage, headshots, and/or group photos, MTP requests a helper (a client’s guide/event team member) to identify key individuals to be photographed. The client also agrees to provide MTP sufficient warning of key moments (e.g. surprises, speeches, etc.) at the event to give time to prepare. Please understand that some guests are shy and don’t like having their photo taken. In this event, MTP will use discretion and cannot be held responsible for the lack of photos of these people.
Our event photo shoot itinerary, style of working, and professional experience are designed to achieve a great set of event photos that are accomplished with good humor and enjoyed by all concerned. Therefore, both the client and MTP agree that timeliness and cheerful cooperation are key to creating outstanding photographic results. MTP is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to MTP. In cases where the event does not run on time due to any reason whatsoever, MTP cannot guarantee to capture the normal set of photos and MTP will not be held liable for any photographs not taken. Although in such cases, we will do our absolute best to compensate.
Coordination with other service providers is necessary to complete all the photography as scheduled. The client should share the photography itinerary with other service providers to make sure that there is no conflict in times.
Many attendees will have digital cameras and will want to photograph the moments. In the spirit of cheerful cooperation, the client agrees to give MTP precedence over the guests/attendees in order to take the photographs required within the scope of work. MTP cannot be held liable for a lack of photos if the guests are taking their own photos and continually interrupt MTP photographer’s work.
MTP may be limited by rules imposed by the venue/venue staff as to what can and cannot be done (e.g. no flash photography, limited shooting location). In such cases, the client agrees to accept the venue/venue staff house rules and will not hold MTP liable for any lack of photography variety.
Permits and Fees
The client is responsible to obtain and assume the costs of permits and/or fees required for the purpose of photography in both public and private areas. No photography will be performed in any manner that violates the law.
The photographs, digital negatives, and/or prints produced by MTP are protected by Copyright Law (USC Title 17 US Copyright Law; all rights reserved) and may not be reproduced in any manner without MTP’s explicit written permission (full print release certificate).
If not already included in the photography package, the client may elect to purchase the digital negatives with the full print release certificate enabling the client to print as many photocopies, share, and utilize the photos often as the client wishes.
The sale and/or publication is not allowed without prior written permission from MTP.
The client grants MTP and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the client for editorial, competition, MTP advertising, and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The client hereby releases MTP and its legal representatives, heirs and assigns from all liability and claims in connection with the images.
The client can opt out of the Model Release by notifying MTP via email at info[at]melandtimphotography[dot]com.
Limit of Liability
If a photographer is too ill or becomes injured and cannot supply the event services specified above the Photographer will try to book a replacement event photographer. If a replacement photographer cannot be found then liability is limited to a refund of any payments received. The photographers have working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. In these circumstances liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.
MTP takes the utmost care with respect to exposure, transportation, and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of the client’s photographs being lost, stolen or destroyed for reasons within or beyond MTP control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. 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.
Although every possible care will be taken to produce photographs of all important and special events during the event, MTP cannot place an unconditional guarantee on the above. MTP will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of MTP’s control.
This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing or website notice shall be recognized as amendments to this contract.