Wedding Terms and Conditions
Article 1. The author Emmylie Cruz hereby undertakes to take wedding photographs and/or films for the Client. The author will take the photographs and/or films on the date stated in the contract and complete the work for delivery no longer than eight weeks after that.
Article 2. For the photographs and/or film under Article 1 (one) of this Agreement, the Client agrees to pay the author's full fee no later than the date of the event. Travel expenses are included in the final fee.
Article 3. Client will reserve the time and date of services by signing and returning this contract along with a reservation booking fee.
Article 4. Client reserves the right to the cancellation of this Agreement. If cancellation is done prior to or on the wedding date the Author shall keep the booking fee and any monies paid up to the date of cancellation. All cancellations must be made in writing and signed by all contracted parties. If the Client fails to supply written cancellation or cancels within 90 days of the contracted date, the Client shall be required to pay the full balance of the Contract and any payments made up to the date of the cancellation will not be refunded.
Article 5. In the event that the Author has to cancel this Agreeement, the booking fee and all monies paid up to the date of cancellation will be refunded.
Article 6. In the event that the Client reschedules the wedding at least 4 weeks prior to the wedding date, and such rescheduling is confirmed in writing to the Author, the booking fee may, at the Author's sole discretion, be applied to the new date. The new package price will reflect pricing in effect when the date change occurs and a new contract will be required to reflect the changes. In the event the reschedule occurs within 14 days of the original wedding date, the Client shall be required to remit a new booking fee.
Article 7. The client agrees to confirm the schedule one-week prior to the wedding. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the Author by the Client.
Article 8. On its own behalf, and on behalf of the subject, the Client acknowledges that he is familiar with the Author's portfolio and is requesting services with knowledge of the Author's style; that the Author's work is constantly evolving; that the Author's services are of a unique and artistic nature; that the images may be different from photographs and/or films taken by the Author in the past and that in creating the photos, the Author will use his personal artistic judgment to create images consistent with his personal vision of the event. Accordingly, the Client acknowledges that the photographs and/or films will not be subject to rejection on the basis of taste or aesthetic criteria.
Article 9. The Author is a non-traditional photographer/videographer and does not work from detailed "shot lists". The Author’s approach is photojournalistic and creative. As such, the Author works in a free owing manner to best provide you with photographs and/or films, that represent this style and approach.
Article 10. Specific or requested photos and/or films such as, but not limited to: screen shot ideas, Pinterest boards, Instagram or Facebook feeds, another photographers/videographers work, etc.; cannot be guaranteed by the Author.
Article 11. The Client hereby assigns the Author the irrevocable and unrestricted right to use and publish photographs and films of the Client or in which the Client may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The Client releases all claim to profits that may arise from use of images and films.
Article 12. The Author is obliged to provide his services to the best of the Author’s abilities, in the manner described in Article 1 (one) of this agreement, but reserves the right to a complete stylistic and artistic expression.
Article 13. The author will make every reasonable effort to deliver all photographs and/or films requested by the Client. The Author and the Client both agree that the Author is not responsible for compromised coverage due to causes beyond the Author's control, including, but not limited to: weather conditions, schedule complications, the lateness of the bride, groom, family members and bridal party members or other principles, schedule complications, other people's camera or flash, rendering of decorations, restrictions of the venues or officiate, existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. The photographer's coverage 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/videographer. Negotiation with the officials for moderation of the guidelines is the Client's responsibility.
Article 14. The Client is responsible for acquiring all permits and necessary permission for all locations on which the Author will be performing services.
Article 15. Images and films are edited at the Author's discretion, and delivered files will not include all images and films taken by the Author. The Author reserves the creative right to edit and release only those deemed creditable as professional in quality and within the Author's artistic standards. The selection of delivered photographs by the Author is final. Adjustments and changes on Films can be done once. In order to retain a documentary approach, the Author's photograph editing includes colour correction, re-sizing, blemish removal (if needed) and cropping of the images. Photopraphs will be colour-corrected and fully edited, but will not be heavily retouched. If you wish to have specific editing on any photographs (included, but not limited to the following: heavy correction of make up, environmental effects, clothing, reflections in glasses, removal of objects, or any other excessive editing), the Author will accommodate you and will quote you an hourly editing fee of €250 to accomplish this task. Up to a maximum of 10 images can be enhanced further to include minor object removal and other digital enhancements. This type of editing cannot be done on films.
Article 16. In the unlikely event that the assigned Author is unable to perform to the guidelines of this contract due to an injury, illness, act of God, denied entry, theft or other cause beyond the control of the Author, the Author will make every effort to secure a replacement photographer and or videographer acceptable to the Client. If the 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.
Article 17. The Author reserves the right to terminate coverage and leave the location of the wedding if the Author experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the wedding; or in the event that the safety of the Author is in question.
Article 18. The Author will make every reasonable effort to handle all digital photographs and films of the event on a minimum of two (2) separate digital storage units simultaneously after the wedding. This limitation of liability also applies to any loss or damage of photographs and/or films, or failure to deliver photographs and or films for any reason.
Article 19. Any additional goods ordered by the Client must be paid for in full at the time of ordering. Titles to all goods remain with the Author until paid in by full by the Client.
Article 20. The Author retains the copyright to the images and films under Irish law. However, this Agreement allows the Client to use images and films in unlimited form and number, but solely for non-commercial purposes.
Article 21. A hot meal is very much appreciated and shall be provided by the Client during full day coverage only. It will be consumed while the Client and their guests are dining in a location, separate from the wedding guests.
Article 22. Upon receipt of the digital media, both physically or online, the Client accepts all responsibility for archiving and protecting the photographs and films. The Author is obliged to archive images for 1 years from the date of the delivery of files. The Author is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read the digital media provided. It is the Client's responsibility to make sure that digital files are copied to new media as required.
Article 23. The Author hereby agrees to deliver photographs in digital form within 8 weeks after the event date specified in this Agreement. Films will be delivered within 6 months from the event.
Article 24. The Client is obliged not to pass the photographs and/or films to the other wedding service providers (caterers, wedding organizers, etc.) without the prior written permission of the Author.
Article 25. The contracting parties have read, understood and agreed upon the terms and conditions of this Agreement.