Contract version 08
CONTRACT DETAILS BETWEEN THE OFFICIAL PHOTOGRAPHER AND THE POTENTIAL BRIDE & GROOM
Declaration, Terms & Conditions of this contract:
It is hereby being agreed that Gino Galea Photo Artist studio being referred here as the ‘Studio’ or the ‘Photographer’ are to provide photographic services as fully listed here in this package. The potential bride/groom ‘to be’, either signing this contract individually, or ‘both’ are being referred to here as the ‘couple’ or ‘clients’. The latter are expected to extend their full co-operation and support without any interference from any other third parties including family members, friends, etc. This would ensure that the photographer/team on duty would be able to perform the services professionally and up to the expectations without any excessive pressure. The photographer on duty is expected to adhere to the allocated timeframe for the poses as indicated in this agreement.
The above package includes the professional fee/s for the services, editing, design, printing, presentation and final production of the album (if applicable) and possibly the filming services if the contractor is recommended by this studio. Any extra manipulations that may be ordered by the couple would be included against an additional reasonable charge. The digital album/book includes the actual album itself together with the other items as listed in this agreement. Through this contract, the studio is hereby also committed to block and secure this specific date that is being agreed upon for the clients that are entering into this agreement. The studio is hereby guaranteeing such services on the stipulated date and time, during the wedding process as being agreed upon. On the other hand, the couple is hereby agreeing that they CANNOT TERMINATE THIS CONTRACT UNILATERALLY unless a total of 60% of the ‘total value of this agreed package’ has been paid on any termination of this contract. In any case that the couple unilaterally decides not to proceed or use the services of this studio after the signing of this contract, any deposits ARE NOT REFUNDABLE. This is also applicable in any unlikely case of a cancellation of the said wedding or where such photographic services are no longer required by the client.
The client must ensure that this studio, namely, ‘Gino Galea Photo Artist’ is the only official photographer using professional photographic equipment at the church/ceremony and the reception venue or during the full process of the wedding. No other professional photographers in any other form are allowed to take any photos during the wedding process. The ushers or the best man can help in advising camera-toting guests of this pre-requisite. Moreover, no other third parties are to be allowed to distract the attention of the bride and the groom when the official photographer is doing his job. Other ‘camera enthusiasts’ are not to be allowed to take any photos when our official photographer/s are doing their jobs, such as posing the newlyweds, bridal party and the rest. This includes the wedding formalities, the church premises, or when our official photographer/s are in the process of taking pictures of the family groups, portraits or any other official duties. ’Double flashes’ as well as subjects looking in different directions can ruin the continuity of our album/photographs. It is the responsibility of the clients to take the necessary precautions, perhaps through the best-man, ushers or their wedding organizer, to ensure that the official photographer/s are not in any way disrupted during the performance of the job. This also includes any other photographer commissioned by the couple (if any) in the setting up a ‘Red Carpet’ setting or any ‘printed backdrops’ at the reception venue. Guests may be allowed to take photographs strictly for social media purposes during the course of the reception without disrupting our official photographer/s.
The duration of the photographic services that are being agreed is that of nine consecutive hours from the arrival of our photographer to commence the job, or as specified and agreed in the package timeframe). If the photographic services are still required after the ninth hour, the applicable overtime rates would become effective assuming that the photographer would be able to continue after the stipulated time. It is also being agreed that the official photographic coverage would last till half an hour after the ‘cutting of the cake’ which is the normal common practice. If the couple is planning to do otherwise, the studio would need to be informed beforehand in writing so that a photographer from our team would be at their disposal.
If the reception takes place in the form of a sitting lunch/dinner, it is also hereby being agreed that the official photographer/ videographer (if applicable) and their assistant/s might be required to leave the venue for a maximum of an hour’s break. (One should keep in mind the long hours’ duration in the execution of their job). This would take place after the couple is seated at the dining table enjoying their meal in private. It is also agreed that the photographer/studio would still retain the copyright of all the images that are created through such services and expertise, for a period of two years unless otherwise specified in this contract. The official photographer has been commissioned for the job and paid for in line with his time, artistic background, expertise, technique, skill, and professionalism together with the other items listed in the package through this agreement. The copyright of the photos is always retained by the photographer as provided by law unless otherwise agreed in writing. If the couple is interested in purchasing any extra “high res.” or “Low res.” images they can also ask for a quote. Moreover, this studio does not have any objections if the clients wish to publish any of the images that they might purchase from the studio. The photographer cannot distribute any of the images to third parties, ‘where the couple is clearly visible’ unless he would have the permission of the client to do so. In the exceptional case of any unforeseen circumstances, such as sickness and the rest, this studio is obliged to provide the services of another competent photographer.
DEPOSITS/PAYMENTS: The clients are hereby agreeing to pay in time all the related deposits that are being agreed here as listed above. In any situation where the couple fails to honour such payments on the stipulated date/s as committed through this contract would automatically become ‘null and void’. No deposits are refunded.
PENDING ITEMS LISTED IN THE CONTRACT – Any other “pending items” such as reprints, canvas, post-wedding and the rest must also be ordered within the first three months following the wedding day (where applicable). Such orders cannot be ordered after the delivery of the album. Following this period, the studio is not in any way obliged to produce such items or pay any refunds.
SELECTION OF IMAGES TO BE USED IN THE ALBUM: The couple is also committing themselves to come forward themselves by contacting our studio during the first THREE MONTHS from the wedding day, to select their favourite photos that are to be included in the design of their album. The couple is to ensure that this is the final selection for inclusion in the final album. Following this “shortlisting process”, any further changes would be charges for. During this meeting, the couple is also obliged to pay the third deposit as agreed in this contract.
ALBUM DESIGN & LAYOUT: The wedding album is an artistic product. Through this contract, the couple is also agreeing that the studio is being granted the ‘artistic license’ and freehand in the execution of the job. The couple is in agreement that it is the absolute prerogative to unconditionally trust the expertise of our studio in the general design of the album, pages cover (where applicable) and the final production. In other words, the clients are therefore committing themselves to fully trust the studio’s expertise in the professional design and technicalities of the final album. Any specific recommendations coming from the client concerning any specific manipulations or any changes or variations in the standard design are of course welcome and should be forwarded in writing for consideration by the studio. Such recommendations are to be forwarded to the studio at the shortlisting stage before commencing the ‘page-design’ layout. Re-designing any of the pages after this stage, or the album itself would incur a substantial extra cost. When these changes are completed, the studio must ensure that all the modifications (if any) requested by the client are implemented before going to print.
CONFIRMATION OF DESIGN OF ALBUM PAGES: The client can still modify a maximum of EIGHT changes from all the ‘page proofs’ that are to be eventually provided after the selection process. Additional modifications above this limit would be charged for. Such changes, if any, are to be listed in writing identifying any proposed details. It is being agreed that the client would evaluate and finalize this matter related to the page proofs WITHIN SEVEN DAYS from the date of receipt from the studio. In the event that a client obstructs this process through any delays, the studio may be constrained to conclude the job right at this stage while taking the appropriate measures accordingly. This may include the handing of ‘the final album pages ‘as they are’ at that point in time, in digital format, bringing to an end to the job itself and the album production. In the event that a client/s fails to turn up at the studio to finalize the shortlisting process of the album photos during the first three months’ as being agreed through this contract, the studio reserves the right to bring the job to an end by handing the “HIGH RESOLUTION IMAGES” to the client/s, provided that the first two deposits amounting to 66% of the full package have been settled on time at the earlier stage/s. Consequently, the studio’s commitment would stop right without the production of the album (if applicable). One should appreciate that the studio cannot wait forever to finish the job. It is, therefore, being agreed that the cooperation by the client is fully extended without any unwelcome delays during the process of the production of the album. This would support the studio in the finalization of the job without any interruptions or delays. The studio is also committed to producing an album similar in style to the original ‘sample album’ that was displayed and agreed to at the booking stage.
PHOTOGRAPHER: The assigned professional photographer could be changed without notice at any stage of the wedding. A second photographer might also assist in the implementation of such photographic services at any stage of the wedding. All the possible precautions are undoubtedly taken by the studio photographers on duty. This relates to precautions, equipment, protection of memory cards and the rest. In the unlikely event of any malfunction, or loss of data or any other unfortunate incident/situation which is beyond the control of our photographer, the studio’s liability is only limited to the refund of all the deposits paid. It is also being agreed that the client cannot publish any UNEDITED Images without the written consent of the studio since we would need to ensure that any published images are edited. The latter also includes any posts on social media. The studio is also responsible for the safe upkeep of all the ‘high. Res’ images fora period of two years from the date that such photos were taken unless otherwise requested in writing by the client. This refers to all the images taken in the course of the wedding (This includes the Pre & Post wedding sessions). Following this stipulated period, the studio cannot be held responsible for the availability of these images. The client/s are also in agreement that they are obliged to fully inspect their album or any other related items that they might have purchased, on the collection, before they leave our premises. The studio cannot be held responsible for the goods after these have left our premises.
CLIENT’S CONSENT FOR USE OF IMAGES FOR PROMOTIONAL PURPOSES. If the client would like the studio to consider the usage of their images for promotion purposes, they are welcome to declare their authorization in writing indicating clearly that they are willing to authorize the studio to use their images in its promotion at any time in the future. The studio would need this consent of the client in writing.
COLLECTION OF THE ALBUM/FINISHED JOB: The studio is obliged to inform the couple in writing that the album or the ‘filming footage (video)’ or perhaps both is/are ready to be collected. The studio should send a gentle reminder about the pending uncollected job/s. The couple is committed and obliged to collect their finished item/s within the first four weeks from the first notification. If this would be the case, the couple is not entitled to any refunds from the studio whatsoever. In the eventuality that the item/s is/are still uncollected after the sixth week from the original notification, the studio will immediately stop its commitment towards the client. The studio also reserves the right to deposit the album to the competent judiciary authorities or possibly take the case to court. In the eventuality that, following such a delay, the client might still be interested to recuperate the album, the client is solely responsible to follow the appropriate procedures, while paying any additional “legal/administrative/safekeeping” charges that the authorities would impose.
PARKING SPACE: The client is obliged to provide a safe parking space in the close vicinity of the church/venues/s to avoid any unwelcome delays or other problems to ensure punctuality and the smooth running of such services by our photographer or any of our technical staff. Through this contract, the client accepts that no deposits are refunded in any cancellation or termination of this agreement. The studio is being authorized by the couple to add their particulars in the studio’s mailing list in relation to any future updates in connection to any new products and offers. The couple agrees to give their consent to the studio to responsibly store their particulars or any personal data securely.
GDPR: Finally, in accordance with GDPRrequirements, the studio will securely keep all the appropriate data including all the images taken during the process of the job and its implementation. There might be a likely situation that the client would require further reorders, reprints and the rest from our studio at a later stage in relation to this wedding. For this reason, such images are securely stored in our system until we are requested by the client to delete all the images/data associated with their wedding. This has to be done in writing. Consequently, the studio takes responsibility to securely keep the images for a period of two years following the wedding day. In any case that the client would give us his/her consent to delete all the images at any point in time, we guarantee to do so immediately upon notification in writing where all the images would be permanently deleted from our system. It is also recommended that a client would seriously consider getting hold of the “rights”. One can purchase the “HIGH RES. IMAGES” at the current commercial rates.
FILMING/VIDEOGRAPHER: In any case that the studio recommends any specific “videographer” contracted to work harmoniously with our photographer/s, the “videographer” is solely responsible to guarantee the GDPR requirements related to his own products. Moreover, we are fully committed to work smoothly with any videographer that might be assigned directly by the couple. On the other hand, the assigned videographer is expected to fully collaborate with our photographer/s.
All the listed items, supplied by the studio including the album ( if any) are to be checked thoroughly on collection. This contract will no longer be applicable following two weeks from collection of the album or the final set of high-resolution images.
I/we have read and understood the above terms and details of this contract. I/we agree to all the above commitments.
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