Terms & Conditions:
Now, therefore, in consideration of the foregoing premises and the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Section 1: Classic Photographers Responsibilities
1.1 Scope of Services. Subject to payment of all applicable fees and the continued cooperation of the Purchaser, Classic Photographers shall use commercially reasonable efforts to provide the products and services as set forth or described in the Statement of Work attached hereto as Schedule A (the "Statement of Work"). The Statement of Work, including any schedules, specifications, timelines, and requirements included therein, is incorporated into and made a part of this Agreement. In the event Classic Photographers and the Purchaser agree that Classic Photographers should provide additional services under the terms of this Agreement which are not included in the original Statement of Work, such additional services and the arrangements for their provision shall be set forth in an addendum to this Agreement, which document shall be incorporated into and made a part of this Agreement (the services described in this Agreement and the Statement of Work and the additional services, if any, are hereinafter collectively referred to as the Services). All Services will be provided in accordance with this Agreement. Except as expressly provided herein, the Purchaser agrees that Classic Photographers is responsible only for providing the Services.
1.2 Purchaser shall at all times have complete control, direction and supervision of the Event. Purchaser expressly reserves the right to control the manner, means, and details of the Event. Classic Photographers must receive the supplied event planning documents at least 30 days prior to the date of the Event in order to be included in the scheduling guidelines. With or without the aid of completed event planning documentation, Classic Photographers shall attempt to perform Services based on Purchaser's expectations, but shall not be held responsible due to inability resulting from lack of planning on Purchaser’s part.
Section 2: Purchaser Responsibilities
2a. Purchaser will take reasonable steps to protect Classic Photographer's equipment, materials and personnel during the Event, setup and takedown. Any damages incurred due to lack of reasonable protection on Purchaser's part (except in the case of gross negligence or willful malfeasance by Classic Photographers will be payable by Purchaser to the extent of repair or replacement of damaged equipment, materials, and all costs of medical treatment.
2b. Purchaser is responsible for all charges imposed by Venue(s). These charges may include, but are not limited to, parking, use of electric power, elevators, fire marshal, and the time before and after the Event used by Classic Photographers for setting up and taking down equipment.
Section 3: Time and Payment
3a. Purchaser shall pay a non-refundable Reservation Fee as duly noted in the Statement of Work & the Total Due will be reduced by the paid amount of the Reservation Fee. The Purchaser shall pay Classic Photographers any balance due at least 15 days before the Event. Any payment accepted 30 days before the Event must be in the form of credit card, cashiers check or money order and paid to a Classic Photographers employee before Services are performed.
3b. Event Fee applies only to Start Time through End Time as specified in the Statement of Work. Purchaser and Classic Photographers may mutually agree to extend Services beyond the time specified above, at the rate of $150.00 per hour, billed in one-hour increments or at the rate of $150.00 There will be a 10-minute grace period before overtime is incurred for any one-hour period. All provisions of this agreement shall continue to apply during any such extension of Event. Overtime is based solely on the availability of Classic Photographers to perform and is at the discretion of Classic Photographers personnel.
3c. In the event of non-payment or incomplete payment, Classic Photographers retains the right to attempt collection through the court system. Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by Classic Photographers. Purchaser shall be charged $35 for each bounced check, in addition to all service charges associated with collections.
3d. In the event that Purchaser is more then 2 payments behind schedule agreed upon by Purchaser & Classic Photographers, said company has the right to substitute out agreed upon photographer with another photographer available for said wedding date. Purchaser is still responsible for contract terms of payment outline in this contract. Classic Photographers will still provide a photographer for the wedding, provided all payments are made prior to wedding date.
Section 4: Termination of Agreement
4a. This agreement cannot be canceled except by mutual written consent of both Purchaser and Classic Photographers. If cancellation is initiated by the Purchaser in writing and agreed to by Classic Photographers in writing, Purchaser will be required to pay 50% of the total Event Fee. Otherwise, Purchaser shall be obligated to make full payment of the total Event Fee.
4b. This agreement shall be excused by detention of Classic Photographers personnel by sickness, accidents, riots, strikes, epidemics, acts of God, or any other legitimate condition beyond Classic Photographers control. If such circumstances arise, Classic Photographers will make all reasonable efforts to find replacement personnel at the agreed-upon fees. Should Classic Photographers be unable to procure such a Photographer Purchaser shall receive a full and prompt refund of all fees paid, including the Reservation Fee. Purchaser agrees that under all circumstances, Classic Photographers liability shall be exclusively limited to an amount not to exceed the Event Fee, and that Classic Photographers shall not be liable for indirect or consequential damages arising from any breach of contract.
Section 5: Miscellaneous
5a. Purchaser may not transfer this contract to another party without the prior written consent of Classic Photographers.
5b. This agreement is not binding until received and signed by Classic Photographers. Any changes must be written and signed by both Purchaser and Classic Photographers. Oral agreements are non-binding. If any clause in this agreement is found to be illegal, the rest of the agreement shall remain in force.
5c. Classic Photographers may elect not to exercise some rights as specified in this agreement. By doing so, Classic Photographers does not waive the right to exercise those rights subsequently.
5d. This agreement shall be governed by the laws of the State of which in it was signed by Classic Photographers in the event of suit involving or relating to this agreement, the legal venue shall be State of which in it was signed by Classic Photographers
5e. In the event of circumstances deemed by Classic Photographers personnel to present a threat or implied threat of injury or harm to personnel or any equipment or materials in personnel's possession, Classic Photographers reserves the right to cease performance. If Purchaser is able to resolve the threatening situation quickly (15 minutes maximum) and to Classic Photographers personnel's satisfaction, Classic Photographers shall resume Services in accordance with the original terms of this agreement. Purchaser shall be responsible for payment in full, regardless of whether the situation is resolved or whether Classic Photographers resumes performance of Services. Classic Photographers reserves the right to deny anyone access to the equipment and materials provided by Classic Photographers.
5f. Purchaser agrees to defend, indemnify, assume liability for, and hold Classic Photographers harmless from any claims, damages, losses and expenses by or to any person, regardless of the basis, which pertains or results directly or indirectly to performance of Services. In the event that a civil action arises in an effort to enforce any provision of this agreement, the losing party shall pay reasonable attorney's fees and court costs of the prevailing party.
Section 6: Photography
6a. Classic Photographers does not guarantee the quality of the pictures taken and is not responsible for poor exposures related, but not limited to: Poor lighting, bad weather, acts of nature, etc.
6b. Purchaser has reviewed the demo account online and understands pictures taken by Classic Photographers will be of the same quality.
6c. Purchaser agrees that Classic Photographers have mutual rights to all pictures taken and Classic Photographers may use them for advertising and sales purposes. This includes, but is not limited to: Sales of CD images to your guests, web advertising, and demo pictures that may be sent to potential Purchasers.
6d. Purchaser also agrees they will not be compensated for use of their pictures in any way.
6e. Purchaser is responsible for appropriate state sales tax on all photography services and product purchased and serviced within the State the wedding takes place.
6f. While every attempt is made to create the best images possible, no particular photo is guaranteed. Classic Photographers shall have no further liability with respect to the agreement. If Classic Photographers is unable to preform to the obligations in this contract for any other reason, Classic Photographers will not be liable for costs in excess of the amount the Purchaser has paid.
6g. Image editing, classic photographers will number all images based on the sequences shot, delete poor quality images, color correct, all images color balance, all images, crop images when it deems beneficial to the look of the image, apply artwork effects to 35 selected images, & categorize all images. Major retouching such as removing people or blemishes from images will be billed at the cost of $35 per hour if requested by the bride.
6f. All high-resolution images with reprint rights will be provided to the purchaser on a CD/DVD within 60 to 90 day of weddings date. Additional CD/DVD's can be purchased for $79.95
Section 7: Photography Products
7a. Purchaser has reviewed the sample products and understands all products produced by Classic Photographers will be of the same quality.
7b Classic Photographers will make every attempt to have all edited images ready to view within 30 days after the wedding date. Images will be available for viewing on an online gallery www.pictage.com Classic Photographers reserves the right to substitute pictage for a similar gallery product.
7c Albums & Brad Books will be fulfilled by Classic Photographers, purchaser must order said products listed elsewhere in this contract within 6 months from wedding date if said products are not ordered within 6 months by purchaser then purchaser will be subject to a $100 per item service fee as well as any differential in the retail product price from the contract sign date to the product order date.
7d Any professional print products will be fulfilled in the form of a gift credit for the retail value of all the products excluding albums and brag book via pictage.com Said Credit will be valid for up to 6 months from the wedding date. Classic Photographers reserves the right to substitute pictage for a similar professional lab. If said products are not ordered by purchaser within 6 months then purchaser will be subject to a $10 per item service fee as well as any differential in the retail product price from the contract sign date to the product order date.
Section 8: Videography Products (if applicable)
8a. Purchaser has reviewed the sample products and understands all products produced by Classic Photographers will be of the same quality.
8b Classic Photographers will make every attempt to have all video ready to view under the following estimated deliver times.
- In Camera Edits – 8 weeks
- Fully edited video 150 days
- Fully edited video with Purchaser input 180 days based on timely Purchaser input if Purchaser takes more than 180 to respond with input there will be a $200 service fee required to be paid before video will be completed and released
8c Lead In pictures for wedding video are due 3 days before the event date, if Purchaser sends pictures after said date but before we edit the tape Purchaser will be charged a $50 service fee. Once tape is edited putting on the lead in pictures will require a$250 service fee