TERMS OF AGREEMENT
"You" and "the client" refer to you, the client, and/or payer of the fee.
"Photographer", "we", "us", and "Snap Denver" refers to Snap Denver.
"The Fee" refers to your $499 payment.
1. DELIVERY OF PHOTOGRAPHS. You will receive all the photos from your event on digital media on the day of your event.
2. THE PHOTOGRAPHS. The photos you receive will be Full resolution and unedited. You may receive anywhere from 300-1500 photographs, depending on size and duration of your wedding.
3. FEE. In exchange for a $499 fee you receive all the benefits and services described in this agreement. This fee must be paid in full prior to your wedding day.
4. PRINT RIGHTS. You have full print rights to your photos and may share them as you wish. You may not sell them to individuals or publications without permission from the photographer. You may not print them in publications without the photographer's name appearing with the photo.
5. SCHEDULING CONFLICTS. We do our best to avoid scheduling conflicts. In the rare situation (hasn't happened, yet) that a scheduling conflict arises we will do our best to provide you with an alternative photographer at no additional cost. If we are unable to provide you with an alternative photographer you will be refunded your booking fee in full. In the event of a scheduling conflict we shall not be liable for any amount in excess of the retail value of the Client’s order, that being $499.
6. PHOTOGRAPHER. Your photographer is an experienced, professional wedding photographer. The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
7. FAILURE TO PERFORM. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or digital media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
8. CANCELLATION. If the Client shall cancel this Agreement one hundred and twenty (120) or more calendar days before the Wedding date, any deposit paid to the Photographer shall be refunded in full. If Client shall cancel within one hundred and twenty (120) days of the Wedding date and if the Photographer does not obtain another assignment for that date, liquidated damages shall be charged at Thirty Three Percent (33%) of the fee.
9.COPYRIGHT AND REPRODUCTIONS. The Photographer shall own the copyright in all images created. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotion, business promotion and marketting, fine art, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio, web site, or future commerce options. All uses stated may be printed or digital, displayed in physical space or on the internet, or other virtual space. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.
10. INHERENT QUALITIES. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, all digital media (e.g. CD's, DVD's, USB drives) are subject to failure and Client releases Photographer from any liability for any claims whatsoever based upon fading, discoloration, loss or degredation of digital files or physical prints due to such inherent qualities.
11. MISCELLANY. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the The State of Colorado. |