1. Clients agree that deposit is non-transferable and non-refundable in the event of cancellation by the client for any reason other than: an act of God or another catastrophe that deems cancellation necessary, the death or serious illness of either party or immediate families up to 7 days before the wedding. Cancellations must be presented in writing and a registered professional must confirm the reason for cancellation in order to receive refund.
2. CANCELLATION/POSTPONEMENT: In the event that your wedding date has been changed after the signing of this agreement, it is up to Jamie Hays Photography’s discretion if the same package amount applies for the second wedding date. Since dates are based on time of season and availability, additional funds may be necessary to book a new date. In the event that Jamie Hays Photography is not available for the new date, the deposit is non-refundable. In the event that the date is closer than six (6) months, the total amount agreed upon in this contract is due as scheduled and is non-refundable.
In the event of a cancelled or rescheduled wedding, the photographer requires notification in writing signed by the contracted party, prior to the original wedding date. This is the method of cancellation agreed upon by all signing parties and the only method of cancellation that will be accepted. If the event is cancelled and the photographer is notified in the manner specified above, and the date of the event is more than 6 months from the date of cancellation, ½ of all payments made, up to that cancellation point will be refunded, with the exception of the $200 deposit fee. In the event of a cancellation or postponement within six (6) months of the event, the total amount agreed upon in this contract is due as scheduled and is non-refundable.
3. Photo Cooperation: In the event that on the day of the event the client has asked us to stop taking photos due to weather, dress malfunction, or any situation out of our control, the photographer is not held responsible for images not taken that would have normally been taken during that time. In the event that a special interactive activity (can include but not limited to, giving of gifts, special dances, announcements) happens, that the photographers were unaware of or was not mentioned in the questionnaire that was filled out, Jamie Hays Photography will not be held responsible for those shots.
4.Food: Events that are contracted out longer than 4 hours require that a meal is to be provided for the photographers on site. The photographers need to be given this meal at the same time the bride & groom eat, so that the photographers are then able to cover all the events as they happen.
5. Clients agree that contract is void if full amount is not paid on time as stipulated above and Photographer has no further obligation to the Clients. No images will be processed, shared, previewed, posted or delivered until payment is made in full, this includes any payment plan that is set in place.
6. Photographer retains Copyright of all photos and this right shall accrue to the benefit of his/her successors, legal representatives and assigns.
7. Photographer is not responsible for any claims resulting in alterations to the photos by the Clients. Client is obtaining images for personal use only, and shall not sell said images or authorize any reproductions by parties other than the Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer and only watermarked images may be used. Any images posted online, such as Facebook or other social media, must be a watermarked image. No cropping or altering of any images is permitted. If additional editing is desired, Client must contact the Photographer. An editing fee may be applied, depending on Client’s request.
8. The Client grants the Photographers, their successors, legal representatives and assigns the irrevocable and unrestricted right to use and alter the material for commercial, promotional, marketing, competition or other purposes without compensation and hereby release and shall hold harmless the Photographers and their successors, legal representatives and assigns from all claims or liability resulting from or associated with the use of the material.
Quality Guarantee: Jamie Hays Photography cannot guarantee the quality of any prints developed/produced by external vendors. If CLIENT purchases a disc of edited images and chooses to have those images printed by an external vendor and not Jamie Hays Photography, CLIENT does so with the understanding that the quality, lighting, sharpness, color and any other aspect of the images printed may not be the same as the quality of the images seen on the purchased disc. JCDC Photography will only guarantee the quality of prints and print products if ordered and printed by them, via their professional printing vendors.
9. COPYRIGHT: All images are copyrighted to and remain the property of Jamie Hays Photography. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Studio/Photographer's permission, and violators of this Federal Law shall be subjected to its civil and
criminal penalties.
10. It is the Client’s responsibility to obtain permission for entry to and photography at all applicable locations and to advise the Photographer of any restrictions or policies in place at all applicable locations.
11. The Photographer shall not be held responsible for any photographs requested but not provided resulting from the late arrival of the wedding parties or lack of performance by the designated Photography coordinator as appointed by the Client. It is also the duty of the Photography coordinator to keep guest photographers from hampering the Photographer during the designated official photography sessions.
12. If the Photographer has reason for not performing under this Wedding Contract, the following provisions apply:
a. Photographer cannot attend to duties for medical reasons or other emergency, all effort shall be made by him/her to find a replacement photographer at no extra cost to the Client. If a replacement cannot be found or the Client is not satisfied with the replacement, a full refund will be given and liability is limited to this refund.
b. See #3
c. If the Photographer resigns due to changes made by the Client of the venue, dates or time, non-payment of fees or non-performance by the Client, a refund is given after deductions for traveling costs incurred and services performed up to that time at the same rate as overtime photography per hour.
d. The Photographer promises to use the utmost care and reliable equipment throughout the capturing, backup, processing and transportation of the photos. If the photos are lost, stolen or damaged for any reason, the Photographer shall give a full refund and liabilities limited to this refund. If a portion is lost, stolen or damaged, the refund shall be pro-rated and liability limited to this partial refund.
13. This Contract constitutes the entire agreement between the parties and no changes or variations shall be valid unless done in writing and signed by all parties.
14. LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of images. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer 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.
15. This Agreement shall be construed, interpreted and governed in accordance with the laws of the State of ______________________ and should any provision of this Agreement be judged by an appropriate court as invalid, it shall not affect any of the remaining provisions whatsoever.