WEDDING PHOTOGRAPHY AGREEMENT
Terms & Conditions
BOOKING POLICY:
Claudia Wyler Photography will not reserve a wedding date without payment of the retainer in full and a signed Wedding Photography Agreement.
RETAINER & SERVICE FEE:
A non-refundable retainer in the amount of $1000.00 is due upon booking and is applied towards the total service fee plus any applicable travel fees. Final payment for Wedding Photography services (any remaining balance) is due no later than 30 days prior to the Client’s wedding date.
PAYMENTS:
Claudia Wyler Photography accepts cash or electronic email transfers as forms of payment. Payment Plans are available but no images will be released until payment is made in full.
PAYMENT SCHEDULE:
The Client agrees to the payment schedule below:
1. Payment #1: $1000.00 retainer due upon booking to reserve the Client’s wedding date
2. Payment #2: The remaining balance due 30 days before the Client's wedding date
A LA CARTE SERVICES & PRODUCTS:
The Client is able to customize the standard photography collection to fit their exact needs by adding a la carte services and products to their collection. The Client has the option to choose from any of the services and products below at the time of booking, and those items will be added to their total service fee.
ENGAGEMENT SESSION | An engagement session can be added to the standard wedding collection at the time of booking. Claudia Wyler Photography will provide the Client with an on-location session that includes unlimited images captured, the professional editing of images, and an online gallery for downloading. Engagement session online galleries will be delivered to the Client within 4 weeks of the session.
DVD FUSION SLIDESHOW | The Photographer will select images and video clips that highlight the emotional moments from the wedding day and will set the slideshow to licensed music.
TRAVEL FEES:
Travel is included for distances within 65 kilometers of zip code V2P 1Z7. For distances outside of the 65 kilometer radius, a travel fee of $1 per kilometer is applied. Additional travel fees may apply for sessions that require an overnight stay due to distance.
RATES:
The retainers and fees discussed in this Agreement are based on Claudia Wyler Photography's standard price list. The price list is adjusted periodically, and the Client acknowledges that all future services and orders will reflect the new rates in effect at the time a new service is commissioned, or an order is placed.
GIFT CERTIFICATES:
Gift certificates, special offers, and other credits are non-transferable and are not redeemable for cash.
EXCLUSIVITY:
It is understood and agreed that Claudia Wyler Photography shall be the only photographer commissioned to provide Wedding Photography Services for the Client on the wedding date.
CONSULTATIONS:
The Client will complete a pre-wedding consultation with Claudia Wyler Photography within 2 months of the Client's wedding date to discuss the wedding day timeline and events of the day. The Client will also complete a final consultation with Claudia Wyler Photography within 7 days of the wedding date to discuss any last minute changes that may have occurred.
PHOTOGRAPHIC COVERAGE:
Claudia Wyler Photography will provide the Client with wedding-day coverage as specified by hours of service on the Client's wedding date.
PHOTOGRAPHIC STYLE:
The Client acknowledges that they have viewed Claudia Wyler Photography's website and are familiar with Claudia Wyler Photography's shooting and editing style. The Client agrees that they will receive images reflecting the same shooting and editing style.
HOUSE RULES:
The Photographer is limited by the guidelines of the officiant, ceremony or the reception site management. The Client shall accept the technical results of their imposition on the Photographer. The Client shall negotiate with the officials for moderation of guidelines, if needed. The Photographer shall offer technical recommendations only. The Photographer is not liable for images not taken due to constraints set upon the Photographer by the ceremony and/or reception locations or officiants.
IMAGE SELECTION:
Claudia Wyler Photography will use their professional discretion when choosing the images for professional editing. The Client shall acknowledge that Claudia Wyler Photography discards any images that do not fit the Photographer's standards of quality. The Client agrees that Claudia Wyler Photography does not release RAW images under any circumstances.
PROFESSIONAL EDITING:
The professional editing of images includes basic retouching and the post-processing of the images the Photographer has selected. Claudia Wyler Photography uses their professional discretion when choosing how to process the final images, and the Client will receive a mix of color and black and white final images. Extensive and additional editing requests to images will result in a charge of $15 per image, which must be paid in full before any image is re-edited.
SNEAK PEEKS:
Sneak Peeks of your wedding day are guaranteed within 72 hours. Claudia Wyler Photography will provide you with 50-75 edited images for you to share via an online gallery where you can download or share directly from to social media. Sneak Peeks are provided at the discretion of the photographer.
Claudia Wyler Photography shall not be required to post any image from any session on their website, social media accounts, or any other digital or print media use to promote itself.
ONLINE GALLERY:
If selected, Engagement session images will be available for viewing and downloading within 4 weeks following the engagement session. Claudia Wyler Photography will provide the Client with an online gallery of 50-75 wedding photos highlighting the wedding day within 72 hours of your wedding and a USB stick with the wedding images within 8-12 weeks following the wedding date. Clients are encouraged to share their online gallery with family and friends. Both galleries will be available to the Client for 30 days, after which Claudia Wyler Photography will archive the images. If, for any reason, after the gallery is closed, the Client requests a reactivation of their gallery, Claudia Wyler Photography will invoice the Client for an Online Gallery Reactivation Fee in the amount of $50. Reactivated galleries will be made available for an additional 7 days for Engagement sessions, and 30 days for weddings.
ORDERING & DELIVERY:
Items will be delivered to the Client by mail within 12 weeks after the order is placed as long as the order has been paid for in full. Claudia Wyler Photography will deliver the images from the Client's wedding on a USB within 8-12 weeks following the wedding. Albums and storybooks will be delivered to the Client within 12 weeks of design finalization.
DIGITAL IMAGES:
Upon receipt of the digital images, the Client shall become responsible for archiving and protected their digital images. Claudia Wyler Photography is not responsible for the lifespan of any digital media provided after the period of one year and is also not responsible for any future changes in digital technology or media readers that might result in the inability to read the media provided. It is the responsibility of the Client to make sure that digital images are copied to new media as required.
DAMAGE:
The Photographer is not responsible for the damage of portraits, USB sticks or albums after delivery to Client, including damage caused during transit by postal mail. The Client assumes all responsibility for the safety of all portraits, USB sticks and/or albums upon receipt.
INHERENT QUALITIES:
The Client agrees that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases the Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
ARCHIVE:
After one year, all images will be purged from the Photographer’s hard-drive and online backup system, except as needed for promotional purposes which will be determined by the Photographer at the Photographer’s sole discretion. The Photographer is not responsible for loss or damage to the digital files due to circumstances beyond the Photographer’s control.
DAMAGE:
The Photographer is not responsible for the damage of portraits or albums after delivery to Client, including damage caused during transit by postal mail. The Client assumes all responsibility for the safety of all portraits, USB sticks and/or albums upon receipt.
CLIENT USAGE:
Claudia Wyler Photography grants permission to the Client to duplicate, in digital or print format, the digital images for personal use only. Permission is not granted to use any images for commercial purposes. Claudia Wyler Photography will also provide the Client with printing recommendations. The Client agrees that Claudia Wyler Photography is not responsible for print quality if the Client chooses not to follow Claudia Wyler Photography's printing recommendations.
COPYRIGHT:
Under Canadian Copyright Law, Claudia Wyler Photography retains the copyright to all images taken during the service provided. The Client agrees not to edit or alter the images in any way, including the removal of a watermark, without written permission from Claudia Wyler Photography.
MODEL RELEASE:
The Client agrees to grant Claudia Wyler Photography the usage of any session images and/or video clips for the promotion of its business and services. These uses include, but are not limited to: blog posts, website usage, website promotion, marketing materials and promotion, professional publication, product demos, social media usage and promotion, and studio display.
COOPERATION & NO SHOWS:
The Photographer is not responsible if the Client and/or key individuals fail to appear or cooperate for the session and/or wedding, or for missed images due to details not revealed to the Photographer. The Photographer is also not responsible for any missed images due to non-cooperation of any key individuals participating in the session and/or wedding.
RESCHEDULING OF ENGAGEMENT SESSION:
Claudia Wyler Photography allows the Client to reschedule their engagement session one time, with the exception of inclement weather, travel restrictions, illness, and unforeseen circumstances. If the Client should need to reschedule their engagement session, the Client agrees to contact Claudia Wyler Photography immediately by phone at 604-316-3225. After the reschedule allowance has been surpassed, the Client will have to complete the booking process for a new engagement session at the standard portrait session rate in effect at the time, and all monies paid in respect to the engagement session included as part of the wedding package will be forfeited by the Client. The Photographer reserves the right to reschedule the Client’s engagement session at any time due to illness, weather, equipment malfunction or any other unforeseen circumstances and it will not count towards the Client’s reschedule allowance.
ILLNESS POLICY:
If the Client has chosen to add-on an engagement session, Claudia Wyler Photography requires that the Client reschedule their engagement session if anyone in their household is ill to limit the spread of illness to other households. Claudia Wyler Photography will reschedule the Client’s engagement session if any illness occurs in the Photographer’s home for the same reason. Rescheduling due to illness does not apply towards the reschedule allowance.
WEATHER:
If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of images meeting the Photographer’s artistic standards, the Photographer may elect to use an alternate location or to reschedule the engagement session. Claudia Wyler Photography does not reschedule sessions due to wind or overcast skies.
SAFETY:
The Client agrees to take the responsibility of their own safety and the safety of all session participants before, during and after the portrait session, regardless of location. The Client agrees to hold Claudia Wyler Photography harmless in the case of an accident, injury, and other unforeseen circumstances. Claudia Wyler Photography reserves the right to terminate coverage at any time if the Photographer feels that their safety or well-being has been threatened.
HARASSMENT/SAFE ENVIRONMENT:
The Client is responsible for ensuring a safe, harassment-free environment, and the appropriate behavior of all participants, guests, and vendors at the events and locations listed herein. If at any time while on location, the photographer experience(s) inappropriate, threatening, hostile, derogatory, offensive, or sexually suggestive behavior or advances from a participant, guest, family member, spectator, bystander, or vendor (including but not limited to physical threats, name calling, physical or verbal assault, sexual advances, requests for sexual favours, or any other verbal or physical conduct of an abusive, hostile, derogatory, threatening or sexual nature) then the following resolution process shall be followed:
FIRST OCCURRENCE: A verbal notification will be conveyed to the client requesting immediate relief.
SECOND OCCURRENCE: All photographic coverage will cease, and a request will be made that the offending person(s) be required to leave the event immediately, and not return for the duration of the event. Photographic coverage will resume only after the offending person(s) have vacated the premises.
THIRD OCCURRENCE, OR IF OFFENDER(S) REFUSE(S) TO LEAVE THE PREMISES OR RETURN(S): Client will be deemed by Photographer to be in material breach of this Agreement. Claudia Wyler Photography will cease operations and vacate the premises immediately, resulting in cancellation of any remaining service(s) and delivery of any undelivered images or products to the client, without refund of any kind, and without obligation or liability on the part of the Photographer. Further, client agrees to relieve Photographer and hold Photographer harmless as a result of incomplete coverage.
FOOD AND BREAKS
The photographer/s will be allowed one 20 minute break at their own discretion and bathroom breaks when necessary. Each photographer will be provided a full guest meal for weddings lasting longer than 5 hours. If no meal is provided the photographer/s reserve the right to go off-site for a meal for 45 minutes. It is highly recommended that the photographer/s are allowed a meal directly after the bridal party to ensure they are finished eating by the time the next activity is scheduled.
WEDDING REFUNDS & CANCELLATION:
Due to the nature of Wedding Photography and the type of services rendered, Claudia Wyler Photography does not offer refunds to Clients, with the exception of the circumstances listed below, in which Claudia Wyler Photography agrees to refund all monies paid for the commissioned service. Refund amounts shall not exceed a maximum amount of the wedding collection chosen, plus any applicable taxes.
If for any reason a Client cancels this contract prior to or leading to the wedding date, Claudia Wyler Photography shall keep the retainer and any monies paid leading up to the date of cancellation. All cancellations must be made in writing. If the Client cancels within 3 months of the contracted date, the Client shall be required to pay the full balance of the contract.
The retainer is non-refundable in the event of cancellation by the Client, but it is able to be applied to a new service at a later date, if no services to date have been provided, such as an engagement session. At the time of cancellation, Claudia Wyler Photography shall have no further liability to the Client with respect to this Agreement.
if the CLIENT requires to change or postpone the wedding date, Claudia Wyler Photography will attempt to accommodate the change and no fee will be charged as long as the new date is available and within 1 year of the original event date. If Claudia Wyler Photography is not available for the new date, the original contract will be cancelled and subject to the cancellation policy. If the client reschedules their wedding more than one time due to Covid-19 or other circumstances a $1000 rescheduling fee will be applied.
1. Claudia Wyler Photography is not able to photograph the wedding due to unforeseen circumstances such as illness, and is not able to find a replacement photographer to provide the service.
2. Claudia Wyler Photography cannot perform this Agreement due to loss of equipment or acts of God.
3. Photographic materials are damaged in processing, lost through camera malfunction, or otherwise lost or damaged rendering the photographic material unusable, without fault on the part of Claudia Wyler Photography.
ENGAGEMENT SESSION REFUNDS & CANCELLATION:
Due to the nature of portrait photography and the type of services rendered, Claudia Wyler Photography does not offer refunds to Clients, with the exception of the circumstances listed below, in which Claudia Wyler Photography agrees to refund all monies paid for the engagement session. Refund amounts shall not exceed a maximum amount of the engagement session, plus any applicable taxes. Clients who choose to cancel portrait photography services with Claudia Wyler Photography for any reason must do so in writing by signing a Cancellation of Contract Form in order to receive a refund. After a refund is provided, Claudia Wyler Photography shall have no further liability to the Client with respect to this Agreement.
Claudia Wyler Photography cannot perform the engagement session due to loss of equipment or acts of God and the session is unable to be rescheduled.
Photographic materials are damaged in processing, lost through camera malfunction, or otherwise lost or damaged rendering the engagement session photographic material unusable, without fault on the part of Claudia Wyler Photography, and Claudia Wyler Photography is not able to re-shoot the engagement session.
RIGHT TO TERMINATE:
The Photographer reserves the right to terminate this Agreement upon discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies. Noncooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should the Photographer initiate the withdrawal, all fees will be returned, excluding the retainer, and the Photographer shall have no further liability to the Client with respect to this Agreement.
ENGAGEMENT SESSION RE-SHOOTS:
Reshoots are permitted at the Photographer’s discretion and only if the images from the engagement session do not fit Claudia Wyler Photography’s standards of quality. Claudia Wyler Photography does not reshoot in the case of Client dissatisfaction with personal appearance, location, weather, lack of cooperation, the Client’s failure to follow the Photographer’s recommendations, or for any images missed by the Photographer. If a reshoot is granted for any reason, the Client’s original images will be deleted from the Photographer’s hard drive and online backup system and only the second set of images will become available to the Client.
LIMITATION OF LIABILITY:
In no event, regardless the circumstances, shall Claudia Wyler Photography be liable for consequential, emotional, third-party, punitive or any other damages, including attorney's fees, resulting from Claudia Wyler Photography's services or lack thereof. Claudia Wyler Photography shall only be held liable up to the total service fee paid by the Client in reference to this Agreement. Claudia Wyler Photography is not to be held responsible for any images missed due to family or friend interference, or due to lack of cooperation.
NON-GUARANTEE:
Although every possible care will be taken to produce photographs of all important and special events during the wedding, the Photographer cannot place an unconditional guarantee on the above. The Photographer is not responsible for any ruined photographs due to guests’ (or any other) flashes, cell phones etc; or any other ruined photographs due to any other cause in or outside of the Photographer’s control. The Client agrees that the Photographer does not guarantee that any specific image will be captured, or that any specific number of images will be delivered.
INDEMNITY:
If either the Client or Claudia Wyler Photography is sued or otherwise subject to legal burdens or losses as a result of this Agreement and the actions of the other party to this Agreement, then the other party agrees to indemnify the burdened party.
ENTIRE AGREEMENT:
This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made by any party to this Agreement or any third party on or before the effective date of this Agreement will be binding on the parties.
SEVERABILITY:
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and the entire agreement will be severable and remain in effect.
MODIFICATION:
This Agreement may be modified by a subsequent agreement of the parties only by an instrument in writing signed by both Parties, or an oral agreement only to the extent that the Parties carry it out.
OVERVIEW:
This is an Agreement between Parties: Claudia Wyler Photography, also referred to as the Photographer, and the Client named below for the reason of commissioning wedding photography services.
