Contract Terms
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between Kampphotography 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, Kampphotography 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+tax 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 time of signing 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 described in the contract is due on the date of the wedding.
3. IMAGE COMPLETION POST WEDDING: Kampphotography will provide THE CLIENT with a download of their photographs through the Kampphotography webstore (http://store.kampphotography.com) within thirty (30) business days of the wedding date.
4. CANCELLATION: In the event that THE CLIENT cancels the contracted services for wedding photography outlined in this contract before the wedding ceremony takes place, any money paid will be forfeited. If THE CLIENT cancels the wedding booking within six (6) months of the wedding date, the entire amount of the contract must be paid by THE COUPLE.
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. This can be done in person, or via email.
6. 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.
7. PHOTOGRAPHY TIME: THE COUPLE agrees to set aside at minimum two (2) hours of time through out the day for photography of THE COUPLE, the wedding party, and family photographs. This time does not need to be in one solid time chunk, but can be spread out through out the day.
8. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Kampphotography is not responsible for key individualsʼ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Kampphotography. Kampphotography 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. THE CLIENT agrees to provide the photographer and second photographer (if applicable) a meal during any reception coverage. THE CLIENT agrees the photographer and second photographer (if applicable) are not required to take photographs during the meal service, unless speeches or specified events are occurring between courses. If a meal is not provided, THE CLIENT agrees that the photographer and second photographer (if applicable) will depart the wedding reception for a time of 1 (one) hour for a meal break.
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 parties involved. THE CLIENT and Kampphotography agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, Kampphotography 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 guidelines is THE CLIENT'S responsibility; Kampphotography will offer technical recommendations only.
11. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by Kampphotography are protected by Copyright Law; however Kampphotography will allow reprint rights to the couple in what ever matter they see fit. By signing this contract Kampphotography 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 Kampphotography before the completion of the transaction.
12. MODEL RELEASE: THE CLIENT hereby assigns and grants Kampphotography 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 Kampphotography and its legal
representatives and assigns from all claims and liability relating to said photographs.
It is agreed that Kampphotography may display and use the photographs taken for
advertising, display, website and internet promotion, photographic contests, public
display such as in malls, photography books, photography instructional books, store
fronts, window displays, studio display, television advertising, magazine advertising and
any other purpose thought proper by Kampphotography.
13. EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that Kampphotography will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guestʼs cameras may ruin shots taken by Kampphotography, THE CLIENT acknowledges that Kampphotography will not be held liable for any shots unavailable because of interference from guest photography.
14 GUEST COOPERATION: THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct all other service 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 make sure that there is no conflict in times. In addition, events during the wedding day should be planned to make the best use of time from all vendors.
Kampphotography will not tolerate verbally or physically abusive behavior, 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 their guests, resulting in an unacceptable
degree of misconduct, or if 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. PAYMENTS: THE CLIENT agrees that $1000.00(+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 REMUNERATION: Payment may be made via Visa, Mastercard, cash, cheque or money order. Returned checks are subject to a $25.00 returned check fee.
17. PURCHASE OF DIGITAL NEGATIVES: If THE CLIENT desires an additional copy of the full resolution negatives, they can be purchased by the client from Kampphotography. Duplication of the original digital negatives onto any digital medium other then print is not permitted, and in violation of copyright law. Client is permitted to use digital files for personal use only on Facebook, email, or to back up the digital photos on to 1 (one) personal hard drive.
18. PENALTY FEES & CHARGES: There is a $200.00 late payment fee for any payments that are not postmarked or delivered to Kampphotography by the required date. THE CLIENT IS RESPONSIBLE FOR ALL REASONABLE ATTORNEY FEES AND COSTS OF COLLECTION.
19. RIGHT OF WITHDRAWAL: Kampphotography's discovery of new information, changes to agreed circumstances, or other factors which tends 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 Kampphotography initiate the withdrawal, no monies 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 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.
20. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Kampphotography 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 25% of the retainer paid.
Kampphotography 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 CLIENTʼS photographs being lost, stolen or destroyed for reasons within or beyond Kampphotographyʼs control, the latterʼs 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.
22. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, Kampphotography cannot place an unconditional guarantee on the above. Kampphotography will not be held responsible for any ruined photographs due to guestsʼ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of Kampphotographyʼs control including any equipment failure, theft, or loss of original files.
23. PERFORMANCE: The performance of this contract on behalf of Kampphotography 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.
24. SERVABILITY: 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.
25. 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 Kampphotography at the time of acceptance of this contract shall be recognized as amendments to this contract.
26. 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 Kampphotography rates. Any print credits included in the wedding package, expire 365 days (one year) after the wedding date. Print credit is complimentary and holds no cash value. Print credit is non-transferable and cannot be traded or sold for any other products or services. Print credit is valid for loose prints only, and must be used through the Kampphotography Store at http://www.thekampstore.com
27. CREDIT CARD / CASH / CHEQUE PAYMENTS: As a small business, fees on Visa and Mastercard payments contribute to a very large cost of running the business, for this there, is a 2.5% convenience charged to any invoices to the CLIENT to cover these charges if payment is made through a credit card payment. Cash and Cheque payments are not subject to this convenience fee.
28. 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 Kampphotography. 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.
I have read and understood the terms above. By signing my name below, I hereby agree to the terms of this agreement.