Brian Grech Wedding
Contract Terms & Conditions
1. ENTIRE AGREEMENT
This agreement contains the entire understanding between The Photographer 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 agreed in writing by all the relevant parties.
2. INITIAL PAYMENT
Upon completion and sending the document, The Photographer will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, a booking fee 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 by The Client. The initial payment is to be paid at time of signing the contract. The initial payment is applied towards the contracted wedding photography package. The Client understands and agrees that the entire amount owed for the wedding photography package described in the contract is due four weeks prior to the wedding date. Additional hours outside agreed time frames will be charged at €100 per hour.
2a. DESTINATION EXPENSES
In addition to the booking fee to secure the date, travel expenses are required at the time of booking to allow The Photographer to secure airline tickets and accommodation. For this reason, travel expenses of €650 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 by The Client. The destination expenses is to be paid at time of signing the contract and is applied towards the contracted wedding photography package.
In the event that The Client cancels the contracted services for wedding photography outlined in this contract more than 6 months before the wedding ceremony takes place, the booking fee will be forfeited. If cancelled between 3-6 months of the proposed date, 50% of the outstanding balance will be due as compensation for loss of earnings; and if cancelled less than 3 months from the proposed wedding date, the full balance will be due as agreed upon the terms of payment above.
4. FORCE MAJEURE
The due performance of the contract is subject to alteration or cancellation by The Photographer owing to any cause beyond their reasonable control, including but not limited to, sudden illness or death, total equipment failure, sudden illness, injury, victim of crime, fire, explosion, storm, and flood, other natural disaster or severely adverse weather conditions. The Photographer may contact other Photographers of equal skill and professionalism in the event that they are not able to attend your booking due to such events. However it may prove difficult or impossible to find a skilled replacement Photographer at short notice or at the same price. In the event of cancellation by the The Photographer, or in the unlikely event of total equipment failure, the The Photographer’s liability shall be limited to a full refund of any booking fees and fees paid.
5. EVENT GUIDE
The Client will be responsible for (or have someone 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 gathering people for the photograph(s). The Client is also responsible for identifying any individual/s that do not desire to be photographed.
6. CREATIVE LICENCE
Due to the weather and availability of subjects, photographing any specific moment cannot be guaranteed. The Photographer is granted creative and artistic licence to the photographs taken and their judgement on photographic style and number of images captured shall be deemed correct.
The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. The Photographer 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 The Photographer.
8. 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 guidelines is The Client’S responsibility; The Photographer will offer technical recommendations only.
9. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS
The client will receive an edited selection of high-resolution JPEG digital images. The copyright of photographs remains with the Photographer. The Photographer grants the Clients permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Clients and their friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographer. The Client must obtain written permission from, and compensate The Photographer prior to an event where The Client, The Client’s friends or relatives publish or sell the photographs for profit. Retouching, on request, is performed at an additional charge.
10. MODEL RELEASE
The Client hereby assigns and grants The Photographer the right to use and publish photographs of The Client or in which The Client may be included, for advertising, and display on The Photographer website and internet promotion, photographic contests, and any other purpose thought proper by The Photographer.
11. COMPLETION SCHEDULE
Digital processing takes approximately 8-12 weeks. All of these time frames may be longer in busy periods.
The Client agrees that initial payment is required at the time of contract acceptance and 100% of the remaining balance is due 4 weeks prior to the wedding date.
13. RIGHT OF WITHDRAWAL
The Photographer’s discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should The Photographer initiate the withdrawal, all fees will be returned, excluding initial payment as well as fair market value for all services/products already provided. In case of withdrawal, €100.00 an hour is charged for all photography services already provided.
14. LIMIT OF LIABILITY
In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative Photographer. The Photographer 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 not found, responsibility and liability is limited to the return of all payments received for the event package. The Photographer 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 The Photographer’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.
Although every possible care will be taken to produce photographs of all important and special events during the wedding, The Photographer cannot place an unconditional guarantee on the above. The Photographer 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 The Photographer’s control.
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.
This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by The Client and The Photographer at the time of acceptance of this contract shall be recognised as amendments to this contract.
Last updated: 17/04/2019