Terms and Conditions:
The following are the terms and conditions of our wedding contract. This appears
on the back of our contract (the front of the contract is filled in with the contact info
and details of your wedding date.) and these are the terms and conditions you are
agreeing to when you contract our services. If you have any questions, feel free to
contact us at info@blackforestphoto.com
Terms and Conditions:
1) Photographer/Provisions: The Photographer shall be the exclusive professional Photographer retained by the Client for the purpose of photographing the wedding. No attendees of the wedding shall use their own images (posed by them or Black Forest Photography) from the event to promote themselves in a professional manner. In the event the Photographers encounter any abusive behavior or excessive interference (either to personnel or equipment) from persons attending or associated with the Client’s event, photographers reserve the right to leave the premises and are released from any further responsibility set forth in this contract. In the event that attendees of the event interfere by disrupting the event (i.e., taking their own photos, arranging poses, etc.) Photographers will suspend work at event until such time as the disruption ceases. Clients will make provisions for Photographer’s meals and refreshment during the contracted period. Failure to do so will result in the Photographers suspending coverage and leaving the premises to obtain sufficient refreshment. The time needed to do so will NOT be credited to the clients.
2) Retainer and Payment: The Client shall make a retainer to secure the Photographer to perform the services specified herein. The retainer shall be applied to reduce the total cost and Client shall pay the balance due. All services will be paid for in full before the specified date, or Photographers are under no obligation to attend event in any capacity. Failure to pay will also result in Clients account being sent to a collection agency for all monies owed. Checks that are returned by the bank for non sufficient funds will result in the funds being collected from the Client to the full extent of the law, including fees.
3) Cancellation: If the Client shall cancel this Agreement before the wedding date, any monies paid to the Photographer shall be forfeited. If Client shall cancel within ninety days of the wedding date and if the Photographer does not obtain another assignment for that date, Client shall be responsible for payment of full, original contract total, less any monies already paid. Failure to do so will result in Clients account being sent to a collection agency for all monies owed.
4) Copyright and Reproductions: The Photographer shall own the copyright to all images created and shall have the exclusive right to make reproductions. All photographic materials, including but not limited to negatives, proofs, digital files, and previews, shall be the exclusive property of the photographer. The Photographer may make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests, or at art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio. This includes posting of the images to Photographer’s website and advertisements by print and electronic means.
5) Client’s Usage: The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for newspaper announcement of the wedding, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall request that the newspaper run a credit for the Photographer adjacent to the photograph, but shall have no liability if the newspaper refuses to do so.
6) 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 to Photographer’s illness, then the Photographer shall attempt to obtain another professional photographer to carry out the Agreement and shall have no other 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 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. Photographer is not responsible for inability to perform due to incorrect information given to them regarding event location, times or, lack of sufficient access to facility.
7) Photographer: The Photographer may substitute another photographer to take the photographs in the event of the 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. Black Forest Photography, Inc. assumes no liability for damages or personal injury that may occur before, during, or after services or associated transportation.
8) Inherent Qualities: Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. This includes electronic media as well, which may, over time, become non-functioning.
9) Photographer’s Standard Price List: The charges in this Agreement are based on the Photographer’s Standard Price Lists. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
10) Client’s Originals: If the Client is providing any materials owned by the Client to the Photographer for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for an amount in excess of $5.00 per image.
11) Arbitration: All disputes arising under this Agreement shall be submitted to binding arbitration before an agreed upon party and location, and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $500.
12) 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 of 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 State of Colorado.