Terms and Conditions
These are our standard terms of service for all wedding and portrait shoots. If you have any questions please contact us.
Definitions and terms:
Terms and Conditions:
Photographer’s Responsibilities. Denzil Ernstzen Pictures Inc. (“Photographer”) hereby agrees to perform photographic services for Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry (“Services”). Photographer may employ one or more assistants. Photographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. Photographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by client because of Photographer’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.
- 1.If Photographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, Photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event.
- In such event, Photographer shall not be obligated to refund any of the fees paid by Client because of such action.
- Exclusivity. Photographer understands that it is the exclusive official photographer with professional still photography at the event. Simultaneous coverage of the Event by another photographer with professional still photography equipment shall give Photographer the right, but not the obligation, to immediately terminate this contract and retain 30% of all fees paid by Client.
- Retainer/Payment. A non-refundable retainer (that shall be applied toward the total fee for the Services) of 30% is due upon execution of this agreement, at which time Photographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 11).
- Final payment of the balance due for the Services shall be made no less than 14 days prior to the Event Date.
- In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), or to attend the Event.
3. Copyright. All photographs taken by at the Event, in whatever form, are copyright protected. Any copying, scanning, reprinting, duplicating, or altering of the photographs taken by Photographer, without Photographer’s express written permission is a violation of federal copyright law. The photographs taken by Photographer are Photographer’s sole property unless purchased by Client.
4. Term. The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the final, Client-approved album layout (“Album”) to the Client, unless terminated earlier as provided herein.
5. Event Changes. Photographer must be notified immediately of any changes in schedule or location, at least 14 Days in advance of the scheduled Event date. If Client notifies Photographer by phone, a written (i.e. email) confirmation must be sent within 1 days of such notification. If the date of the Event changes, and notice is not given the period specified above, then Photographer shall be entitled to 30% of the retainer as liquidated damages for having to reschedule the event. The remainder of the retainer shall be applied toward the new date, but Client shall be responsible for making up the deficiency retained as liquidated damages.
6. Cancellation. Upon acceptance of these terms and payment of the retainer, Photographer shall commit to attending the Event on the specified date, and shall make no other reservations for that date. If Client cancels the Event entirely, then Photographer shall make commercially reasonable attempts to rebook that date. Client shall pay the difference between the originally agreed upon price for the Event and the price for the rebooked event (if any), within 15 Days of such rebooked event. [If Client does not pay the difference by this date, then such amount shall accrue interest at a rate of 1.5% simple interest per month, or the maximum rate allowed by law, whichever is less.
7. Proofs. A presentation of the images selected by Photographer in its sole discretion (“Proofs”) shall be made available to client via a password-protected online gallery within 21 Days following the Event. Proofs may include artistic enhancements or touch-ups added to the images in Photographer’s sole discretion. Client has 3 Days to provide either their revisions or their approval regarding [image selection, album layout, photograph size, or other factors]. If Client does not provide the necessary input within 3 Days, then the Proofs shall be deemed to be accepted and Photographer shall incorporate the proofs into a final album for delivery to the Client. Client shall have the opportunity to submit 2 rounds of revisions; if additional rounds of revisions are needed, Photographer shall charge client $75 for each additional revision.
a. Client agrees to allow Photographer to notify Event guests of the online gallery by providing a hyperlink and appropriate logon and event identification information. The online gallery shall be available for 30 Days for all guests.
8. Delivery Date. The Album shall be delivered no later than 35 Days from the date of final Client approval.
9. Price Protection. Photographer warrants all prices quoted for Event images are valid for a period of 35 Days following the Event. Orders placed after such period are subject to Photographer’s published pricing at the time of the orders’ placement.
10. Client agrees that Photographer may use images of Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents. Client’s guests at the Event shall be deemed to have consented to the use of their name, image, or likeness by Client or Photographer for the duration of the Event, and Client shall indemnify and defend Photographer from and against any claims that any of Client’s guests may assert against Photographer arising from, or related to, the use of any name, image, or likeness of Client’s guests by Photographer.
11. Force Majeure. If Photographer is unable to attend Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Photographer’s sickness, or other acts of God beyond the parties’ control, then Photographer shall return all money paid by Client (including any retainer), and this Agreement shall immediately terminate.
12. Jurisdiction. The state and federal courts serving Plymouth County, Massachusetts shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties hereto consent to the jurisdiction of such courts.
13. Attorney’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed thereunder, shall be entitled to recover reasonable attorney’s fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.
14. Assignment. This Agreement may not be assigned.
15. Indemnification. Client hereby acknowledges that Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Photographer harmless for the impact such restrictions may have on the final product.
16. LIMITATION OF LIABILITY. PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.
17. Client shall arrange with the caterer for meals to be provided to Photographer and 1 assistant(s)
18. Choice of Law. This Agreement shall be governed by the laws of the State of Massachusetts, notwithstanding its conflicts of laws provisions.
19. Waiver/Miscellaneous. This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during, or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.
20. Protection of Deliverables/Retention of Files. Photographer shall take all reasonable steps to protect the images that are recorded at the Event until such time as the Album is delivered to Client. Once the Album has been delivered, Photographer shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored.
Photographer: Denzil G Ernstzen