This Agreement is between RALPH RAPHAEL WEDDINGS, RALPH RAPHAEL PHOTOGRAPHY (“we” or “us” or “our” or “Photographer”) and [You] (“Client”or “bride” or “Groom”) which includes Client’s principals, employees, affiliates and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor.
“Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
The copyright Designs and Patents Acts assign the copyright of the images to the photographer. Client acknowledges that Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client appear on the reverse side of this Agreement.
Client understands and agrees that it is not buying the Image(s) but is paying only for a licence to use the Image(s) as specified on this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee. The term of licence begins from the date Photographer receives full payment of invoice and upon delivery of images. Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark. The use of any Image(s) by Client will not constitute a work of joint authorship. Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer. Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion.
CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes. The Photographer/s will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather an the availability and willingness of subjects.
iii. For a booking involving a church ceremony or at certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
i. A non-refundable booking fee of USD $500 will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer’s website. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be due two weeks before the wedding day.
iii. Additional goods ordered must be paid for in full at the time of ordering.
iv. Titles to all goods remains with the photographer until paid for in full by the client(s)
i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) remain the property of the photographer. All digital wedding packages include a copy of the edited digital negatives to the client(s) for their own non-commercial use.
ii. Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
ON THE DAY
i. The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage family, friends and other guests to take photographs throughout the day. The photographer will not take photos during the wedding breakfast and will use this time to take a break. A meal is not a requirement, however one would be greatly appreciated.
ii. The photographer will stay to photograph beyond the first dance stay until approximately 9pm. Any photography following this time will be at the discretion of the photographer or if expressly agreed in writing beforehand.
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person’s own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation.
ii. Cancellation from the booking date and more than two weeks to go until the wedding, the booking fee of USD $1000.
iii. Cancellation with less than two weeks to go until the wedding date, full price for the complete photographic coverage booked. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
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