1) Entire Agreement: This agreement contains the entire understanding between Dwayne Larson Photography and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
2) Retainer: Upon your signature, Dwayne Larson Photography will reserve the time and date agreed upon, and WILL NOT make other reservations for that time and date. For this reason, a retainer of $1000.00 is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of god, fire, strike and/or extreme weather. The retainer is to be paid at the time of singing the contract. The retainer is applied towards the contracted wedding photography package. THE CLIENT understands and agrees that the entire amount owed for the wedding photography package describe in the contract is due on the date of the wedding.
3) Image Completion Post Wedding: Dwayne Larson Photography will provide THE CLIENT with hi res images within (30) business days of the wedding date. These images will be delivered online unless otherwise discussed.
4) Cancellation: In the event that THE CLIENT cancels the contracted services for wedding photography outlines in this contract before the wedding ceremony takes place, any money paid will be forfeited.
5) Pre Event Consultation: The parties agree to a pre-event consultation before the wedding date in order to finalize the actual shooting times and locations.
6) Event Guide:THE CLIENT will be responsible for (or have designated for this responsibility) identifying people/ objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or fathering people for the photograph(s). THE CLIENT is also responsible for identifying any individual/s that do not desire to be photographed.
7) 120 Minute Window: The bride and/or Groom agree to set aside at least 60 minutes before the commencement of the wedding ceremony and a 60 minute time frame afterward for photographs that cannot be obtained during the ceremony or reception. The 60 minutes following the ceremony includes group photos. If wither the brides or the grooms late arrival (or any other reason outside the photographers control) prevents this 120 minute window from occurring, Dwayne Larson Photography shall not be held liable for failure to take desired photos. The 60 minutes prior to the ceremony can also be moved to the time directly following the ceremony.
8) Cooperation: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Dwayne Larson Photography 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 Dwayne Larson Photography. Dwayne Larson Photography recommends that THE CLIENT designate an "event guide" (see PRE_EVENT CONSULTATION above) to point out important individuals to the photographer, whom THE CLIENT wishes to include in informal or candid photographs.
9) 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 partied involved. THE CLIENT and Dwayne Larson Photography agree that positive cooperation and punctuality are therefor essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, Dwayne Larson Photography will not be held liable for ANY photographs not taken.
10) House Rules: The photographer is limited by the guidelines of the ceremony official or the reception site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of the guidelines is THE CLIENTS responsibility; Dwayne Larson Photography will offer technical recommendations only.
11) Digital Negatives, Prints and Copyrights: The photographs, digital negative or printed produced by Dwayne Larson Photography are protected by Copyright Law; however Dwayne Larson Photography will allow reprint rights to the couple in what ever matter they see fit. By signing this contract Dwayne Larson Photography agrees to allow the couple reprint rights of the photographs while maintaining the copyright of the images. Any sale of the photographs must be cleared by Dwayne Larson Photography before the completion of the transaction.
12) Model Release: THE CLIENT hereby assigns and grants Dwayne Larson Photography and its legal representatives 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 or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases Dwayne Larson Photography and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Dwayne Larson Photography may display and use the photographs taken for advertising, display, website and interest promotion, photographic contests, public fronts, window displays, studio displays, television advertising, magazine advertising and any other purpose thought proper by Dwayne Larson Photography.
13) Exclusivity / Guest Photography: It is understood that Dwayne Larson Photography will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guest's cameras may ruin shots taken by Dwayne Larson Photography, THE CLIENT acknowledges that Dwayne Larson Photography will not be held liable for any shots unavailable because of interference from guest photography.
14) Guest Cooperation: THE CLIENT is is responsible for the conduct of their guests. THE CLIENT will direct all other serve providers (florist, DJ, caterer, etc) to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. THE CLIENT should share the photography schedule with other service providers to makes sure that there is no conflict in times. In addition, event during the wedding day should be planned to make the best use of time from all vendors.
Dwayne Larson Photography will not tolerate verbally or physically abusive behaviour, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If THE CLIENT is unable to control the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. THE CLIENT understands that in such an event, no refunds will be granted and any damage to equipment will be the responsibility of THE CLIENT to replace or repair.
15) Payements: THE CLIENT agree that $1000.00 plus tax retainer is required at the time of contract acceptance, and the remaining balance is due the day of the wedding. Final editing of the wedding images will not commence until final payment is received from THE CLIENT.
16) Method of Renumeration: Payment may be made via cheque, cash or E-transfer. Returned cheques are subject to a $25.00 returned cheque fee.
17) Penalty Fees & Charge: There is a $200.00 late payment fee fro any payments that are not postmarked or delivered to Dwayne Larson Photography by the required date. THE CLIENT IS RESPONSIBLE FOR ALL REASONABLE ATTORNEY FEES AND COSTS OF COLLECTION.
18) Right of Withdrawal: Dwayne Larson Photography's discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in it withdrawal. Non-cooperation; changed in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should Dwayne Larson Photography initiate the withdrawal, no movies will be returned to THE CLIENT, including retainer. In the case of withdrawal where full payment has not been received $500.00 an hour is charged for all photography services already provided and $150.00 and houris charged for all other services, consultations and all driving time, rounded up to the nearest half hour.
19) Limit of Liability: In the unlikely event of sever medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Dwayne Larson Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is to found, responsibility and liability is limited to the return of 25% of the retainer paid.
Dwayne Larson Photography takes the utmost care with respect to exposure, transportation and precessing of photographs; including using professional grade equipment and professional grade back up equipment. However, in the unlikely event of THE CLIENT'S photographs being lost, stolen or destroyed for reasons with or beyond Dwayne Larson Photography's 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.
20) Non-Guarantee: Although every possible care will be taken to produce photographs of all important and special events during the wedding, Dwayne Larson Photography cannot place an unconditional guarantee on the above. Dwayne Larson Photography will no be held responsible for any ruined photographs our to guests' (or any other) flashes; or any other ruined photographs fur to any other cause in or outside of Dwayne Larson Photography's control.
21) Performance: The performance of this contract on behalf of Dwayne Larson Photography shall be contingent upon acts of god, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
22) Servability: If any provision of this agree meant 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 effect.
23) Amendments: 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, attached, dated and signed by THE CLIENT and Dwayne Larson Photography at the time of acceptance of this contract shall be recognized as amendments to this contract.
24) Price Guarantee: The prices (services or products) listed in this contract expire one year after the wedding date and orders placed after this time has expired will be at current Dwayne Larson Photography rates. Any print credits included in the wedding package, expire 365 days (one year) after the wedding date.
25) Weather Guarantee: If the weather on the WEDDING DATE should prevent 75% or more of the outdoor locations / planned outdoor photography, THE CLIENT will be entitled to a no charge one (1) hour day after session. The session must take place within six (6) months of the wedding date, and will be based on the availability of Dwayne Larson Photography. The session cannot be transferred for any other product or service, and has no cash value. The session must take place within the province of Manitoba, and travel charges may be applied if outside the city of Winnipeg limits. THE COUPLE is responsible for booking indoor back up locations for the wedding day.