Rob Clayton Photography
Bar/Batmitzvah Photography Contract - Terms & Conditions
BAR/BATMITZVAH PHOTOGRAPHY CONTRACT
This agreement is between %ContractSignatoryFullNames%, hereinafter referred to as “THE CLIENT", and Robert Clayton, hereinafter referred to as “Rob Clayton Photography”. By signing this agreement, both parties agree to all terms set forth below. A signed copy of this agreement will be retained by Rob Clayton Photography and will be provided to THE CLIENT.
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between Rob Clayton Photography and THE CLIENT. It supersedes all prior and simultaneous agreements. The only way to change or add to it is to do so in writing, and providing the document is signed by all the relevant parties.
2. RESERVATION: Upon receipt of the reservation booking fee, Rob Clayton Photography will reserve the time and date agreed upon. The fee is non-refundable, even if the date is changed or the bar/batmitzvah cancelled for any reason. The reservation booking fee is applied towards the contracted bar/batmitzvah photography package.
3. PAYMENT: THE CLIENT agrees that a booking fee of £300 is required at the time of contract acceptance, and the remainder of the total agreed is due before delivery of the final images.
4. DELIVERY OF IMAGES: After the bar/batmitzvah, Rob Clayton Photography will provide THE CLIENT with all the final edited photographs. Delivery times typically vary from 4-6 weeks, but this is not guaranteed.
5. CANCELLATION: In the event that THE CLIENT cancels the contracted services for bar/batmitzvah photography more than two months before the bar/batmitzvah date, the reservation booking fee will be forfeit. If THE CLIENT cancels less than two months in advance of the bar/batmitzvah date, THE CLIENT agrees to pay Rob Clayton Photography 50% of the agreed total.
6. EVENT GUIDE: THE CLIENT is responsible for (or have someone designated for) identifying people/objects of whom/which specific photographs are desired. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).
7. 60-MINUTE WINDOW: In the event THE CLIENT would like formal group photographs, THE CLIENT agrees to set aside a 60-minute time frame before the guests’ arrival to accomplish these. If any reason outside of Rob Clayton Photography’s control prevents this 60-minute window from occurring, Rob Clayton Photography shall not be held liable for failure to take desired photographs.
8. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Rob Clayton Photography is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Rob Clayton Photography.
9. HOUSE RULES: The photographer is limited by the guidelines of the reception/party site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the management for moderation of guidelines is THE CLIENT'S responsibility; Rob Clayton Photography will offer technical recommendations only.
10. COPYRIGHT: Rob Clayton Photography retains full copyright of all images taken at the bar/batmitzvah. Limited license of the resulting images will be granted to THE CLIENT under the following conditions:
· The images are the property of THE CLIENT for personal use only, including the reproduction and distribution of photographs to friends and relatives.
· THE CLIENT must obtain written permission from, and compensate, Rob Clayton Photography prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.
11. MODEL RELEASE: THE CLIENT hereby assigns and grants Rob Clayton Photography the irrevocable and unrestricted right to use and publish photographs of THE CLIENT for editorial, trade, advertising or any other purpose; to alter the same without restriction; and to copyright the same.
12. EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that Rob Clayton Photography will act as the sole and exclusive bar/batmitzvah photographer. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted at any time while the professional photographer is conducting posed photographs.
13. GUEST COOPERATION: THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct all other service providers (event coordinator, florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer. THE CLIENT should share the photography schedule with other service providers to make sure that there is no conflict in times. Rob Clayton Photography will not tolerate verbally or physically abusive behaviour. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. THE CLIENT understands that in such an event, no refunds will be granted.
14. ALBUM COMPLETION SCHEDULE: The designing of any albums can only start once Rob Clayton Photography receives the required list of pictures via email from THE CLIENT, and typically takes 2-4 weeks to accomplish the initial design, although this is not guaranteed. THE CLIENT is required to provide their selection of images for the album within 6 months of receiving the images. THE CLIENT will have the opportunity to proof the album design before printing, and is fully responsible for checking for any mistakes or corrections that need making. Rob Clayton Photography cannot accept any responsibility for mistakes not picked up by THE CLIENT once final approval of the design is given. Full payment for the album is due before the album can be ordered. Once the album has arrived, THE CLIENT is responsible for collecting it from Prestwich, Manchester, or paying any additional postage fees to have it sent to them.
15. IMAGE EDITING: The editing of all images shall include basic corrections to the image (e.g. exposure, white balance, crop, etc), and occasional styling at Rob Clayton Photography's discretion. The manipulation of images (e.g. removing objects, etc) will be assessed on a case-by-case basis, and if manipulation is deemed possible, any work undertaken shall incur an additional charge, dependent on the amount and difficulty of the work required.
16. PROOF OF PAYMENT TO BE PROVIDED ON REQUEST
17. RIGHT OF WITHDRAWAL: Rob Clayton Photography's discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; and late payments are examples of contributing factors. Should Rob Clayton Photography initiate the withdrawal, all fees will be returned, excluding the booking fee as well as fair market value for all services/products already provided. In case of withdrawal, £150.00 an hour is charged for all photography services already provided and £75.00 an hour is charged for all other services, including consultations and driving time, rounded up to the nearest hour.
18. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, Rob Clayton Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract. If such a 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. In the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond Rob Clayton Photography control, the latter’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. The limit of liability shall not exceed the contract price stated herein.
19. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the bar/batmitzvah, Rob Clayton Photography cannot place an unconditional guarantee on the above. Rob Clayton Photography will not be held responsible for any ruined photographs due to any other cause in or outside of Rob Clayton Photography's control.
20. PERFORMANCE: The performance of this contract on behalf of Rob Clayton Photography shall be contingent upon acts of nature, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
21. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
22. AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, dated and signed by THE CLIENT and Rob Clayton Photography at the time of acceptance shall be recognised as amendments to this contract.