ENTIRE AGREEMENT: These Terms and Conditions along with a completed booking form constitute an order for wedding portraiture services, including the taking of wedding pictures as agreed to by both parties: Derek Smith Wedding Photography (DSWP) and Contracting Party(s) who have completed the Online Photography Booking Form (CLIENT). Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, thereof shall remain the property of DSWP and may be used for advertising, display or any other purpose thought proper by DSWP. This agreement contains the entire understanding between Derek Smith Wedding Photography (DSWP) and CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation two to three weeks before the event date in order to finalise the actual shooting times, locations, CLIENT’s wish list (in writing) for specific photographs. The bride and/or groom agree to set aside at least one hour of time that ends thirty minutes before the commencement of the ceremony, and one hour of time afterward for photographs that cannot be obtained during the wedding. If the bride or groom’s late arrival prevents a full hour from occurring, the photographer shall not be held liable for failure to take desired photographs.

COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. DSWP recommends that CLIENT designates an “event guide” to point out important individuals to the photographer during the wedding for informal or candid photographs that they wish to have taken. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. DSWP is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to DSWP.

REFRESHMENTS: The CLIENT will provide DSWP staff (2 photographers) with refreshments and/or meals if served at the CLIENTS expense.

HOUSE RULES: The photographer is limited by the guidelines of the ceremony official or reception site management. CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is CLIENT’s responsibility; DSWP will offer technical recommendations only.

MODEL RELEASE: CLIENT hereby grants to DSWP and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of CLIENT or in which CLIENT may be included for editorial, trade, advertising and any other purpose and in any manner and medium, to alter the same without restriction, and to copyright the same. CLIENT hereby releases DSWP and its legal representatives and assigns from all claims and liability relating to said photographs.

LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill to photograph the event, DSWP will make every effort to secure a replacement photographer. 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 package. DSWP takes the utmost care with respect to exposure, transportation, editing, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond the control of DSWP, liability is limited to the return of all payments received for the event package. 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. CLIENT agrees that an entire wedding cannot be replicated, re-enacted or repeated for the purpose of a re-shoot, and limits DSWP’s liability to the amount paid under this contract. DSWP takes the utmost care with respect to the exposure, transportation, editing and processing of all the products and services offered. Every effort will be made to assure satisfaction according to the DSWP’s professional standards. However, DSWP is not responsible for subjective interpretations of photography. Weddings are dynamic and fast moving. DSWP&V cannot guarantee that any specific photograph will be produced.

PAYMENT: A 20% booking deposit is payable within seven (7) days of CLIENT agreeing to these Terms and Conditions. The booking fee is non-refundable. This booking fee is a part of the package price selected, the balance of which is due 14 days before the date of the ceremony, as specified on the booking form. Payment for additional book pages, prints, enlargements, etc. are made after the wedding at the time of ordering. All post-wedding orders are at the price in force at the time of ordering. All funds must be cleared prior to the ceremony. Clearance and dishonour fees (where applicable) are the responsibility of the CLIENT.

CANCELLATION: A CLIENT may cancel this agreement without penalty within five (5) business days of booking. From that time up until cancellations notified up to 4 months prior to the ceremony the 20% booking deposit will be retained. After that time the following cancellation charges will apply:
120-90 days 33% of balance due on package is payable
89-31days 66% of balance due on package is payable
30 days or less 100% of balance due on package is payable

OUR STYLE: Please note that DSWP is journalistic in style and not a ‘traditional’ wedding photography studio, and as such does not stage or choreograph specific events throughout the day, but will capture the day as it happens. DSWP also, for the same reason, limits the number of formal group shots to a maximum of 15, comprising close family and the wedding party.

RETOUCHING: Retouching, digital manipulation and artiste finishing is included at DSWP’s discretion and applied prior to image files and prints being supplied. Any further such work requested by CLIENT may be undertaken at DSWP’s discretion for an additional price to be quoted at the time.

TURN AROUND: The standard turn around for processed images, prints and hi-res files is 8-10 working weeks. This may occasionally be extended due to seasonal demand. Turn around for albums, enlargements, slideshows and special orders will be advised upon consultation.

COMPLAINTS: CLIENT shall notify DSWP in writing within 21 days of receipt of the final form images if they have a complaint regarding an issue which would be obvious within that 21 day period, or otherwise, as soon as possible after the issue giving rise to the complaint has become apparent, setting out the nature of the complaint in sufficient details so as to make it clear to DSWP the nature of the complaint. By agreeing to these Terms and Conditons you are entering into a legally binding contract and you are urged to read these Terms and Conditions carefully. By submiting your Online Photography Booking Form you deem that you have read and understood the Terms and Conditions contained here in.

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