ENTIRE AGREEMENT: This agreement contains the entire understanding between Mary Katrina Photography (MKPhoto) and the CLIENT. This agreement constitutes an order for photography services, including the taking of pictures as agreed to by both parties: MKPhoto and Contracting Party (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. On signing of this agreement by both parties hereto, MKPhoto will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable even if the date is changed or if the event becomes canceled for any reason.
BREAKS: For any job that lasts more than 6 hours in total, the photographer(s) are entitled to a 1 hour break. Breaks will usually be taken while guests are eating as nobody wants their picture taken mid-chew.
EXPENSES: The Client is responsible for all travel and accommodation costs for out of the area jobs. Out of the area consists of primarily any site not in Western NY but we will let you know at the time of signing if the event is out of the area as in some cases it may be on the fringes of our normal service area where we will consider it within the area of service. Bermuda is out of the area but lets talk.
RESERVATION: A signed contract and a non-refundable reservation fee of $100 is required to reserve the specified coverage. In the event of cancellation, the reservation fee paid is non-refundable. It shall be liquidated damages to MKPhoto in the event of a breach of contract by the CLIENT. The CLIENT shall also be responsible for payment for any of MKPhoto’s materials charges incurred up to time of cancellation.
PAYMENT SCHEDULE: A $100 non-refundable reservation fee is due at the time of the signing of this agreement with the balance due in full 1 week prior to the event. Payments can be made over time at no additional charge if that is easier for you.
PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation one to three weeks before the event date in order to finalize the actual shooting times, locations, and CLIENTS request list for specific photographs. The CLIENT agrees to set aside enough time for photographs keeping in mind the number or pictures desired, the location for those picture, the travel time to and from those locations and the sobriety of the party. If the CLIENTS late arrival prevent us from getting all of the desired pictures in the time available, the photographer shall not be held liable for failure to take the desired photographs. We will work with you to try and capture all of the pictures you want within the time provided but sometimes organizing event participants is like herding cats with hand grenades.
COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. MKPhoto recommends that the CLIENT designate an “event guide” to point out important individuals for informal or candid photographs to the photographer during the event that they wish to have photographed. The photographer will not be held accountable for not photographing Aunt Milly from Woolloomooloo if there is no one to assist in identifying her or other people or assist in gathering people for photographs. MKPhoto is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to MKPhoto.
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. The CLIENT and MKPhoto agree that cheerful cooperation and punctuality is therefore essential to that purpose. Shooting commences at the scheduled start time.
HOUSE RULES: The photographer is limited by the guidelines of the ceremony official (for weddings) and/or the event site management no matter how wrong they are. The CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the Clients responsibility. Greasing a few palms can’t hurt but MKPhoto will offer technical recommendations only.
COPYRIGHT: Until final payment for services rendered is made, the photographs produced by MKPhoto are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without MKPhoto’s explicitly written permission. Dependent on the services selected, the client can purchase, unless otherwise included in the package, a disk with the originals and a limited copyright release for the resulting images will be transferred to the CLIENT under the following conditions: The Photographs are the property of the CLIENT for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives. The Client must obtain written permission from and compensate MKPhoto prior to the CLIENT or its friends and relatives publishing or selling the photographs for profit.
RELEASE: The CLIENT hereby grants to MKPhoto and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included as an example of MKPhoto’s work and for advertisement and release all claims to profits that may arise from use of these images, to alter the same without restriction; and to copyright the same. The CLIENT hereby releases MKPhoto 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 cannot perform this Agreement in whole or in part due to a casualty, acts of God or nature or terror, or other cause beyond the control of the parties, MKPhoto 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 including all deposits and shall have no further liability with respect to this Agreement. MKPhoto takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, destroyed, damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer for reasons within or beyond MKPhoto’s control, MKPhoto’s 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 event cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits MKPhoto’s liability to the amount paid under this contract.
COMPLETION SCHEDULE: Image Editing takes approximately 4 to 6 weeks but can take up to 12 weeks depending on the number of photo’s to be processed. Photo Printing and delivery, if ordered, is determined by the printing lab but should not be more than 2 weeks. We take pride in our work and will not rush through the post production to ensure you have the best possible pictures for years to come.