FINAL PAYMENT IS DUE 45 BUSINESS DAYS PRIOR TO THE WEDDING DATE. FAILURE OF THE CLIENTS TO PAY THE FULL FINAL REMAINING BALANCE ON OR BEFORE 45 BUSINESS DATS PRIOR TO THE WEDDING DATE LISTED ABOVE SHALL CONSTITUTE TERMINATION OF CONTRACT. TO CANCEL TERMINANTION OF CONTRACT, AN ADDED LATE FEE OF $50 PER DAY EACH DAY THAT REMAINING BALANCE IS LATE, WILL BE DUE. IF NO CONTACT IS MADE TO OSP BY CLIENT TO MAKE REMAINING BALANCE PAYMENT INCLUDED WITH ANY LATE FEES, TERMINATION OF CONTRACT WILL THEN BE IN PLACE. ONCE CONTRACT IS TERMINATED, OSP WILL NOT ATTEND, AND SHALL NOT BE EXPECTED TO ATTEND, SAID EVENT. ANY MONIES PAID PRIOR WILL NOT BE REFUNDED. SHOULD A DELAY OCCUR WITH FINAL PAYMENT, OLIVIA WILL CONSIDER THIS CONTRACT VOIDED, ANY PAID MONIES WILL BE KEPT, AND OLIVIA WILL NOT PHOTOGRAPH YOUR WEDDING. PLEASE MAKRE SURE TO SEND IN THAT FINAL PAYMENT ON TIME.
BASE SERVICE - OSP AGREES TO PROVIDE PHOTOGRAPHY OF EVENT. ALL PHOTOGRAPHY SERVICES WILL BE PERFORMED AND PROVIDED AT THE SOLE ARTISTIC DISCRETION OF OSP. CLIENTS ACKNOWLEDGE THAT OLIVIA SEYMOUR IS A "PHOTOJOURNALISTIC" PHOTOGRAPHER AND ADHERES TO SAID STYLE. NO SHOTS THROUGHOUT THE DAY ARE GUARANTEED (INCLUDING BUT NOT LIMITED TO NO GUARANTEES AS TO FORMALS, FIRST KISS, BOUQUET TOSS, FAMILY, ETC.). OSP WILL ALSO EXERCISE ITS SOLE DISCRETION AS TO WHEN ENOUGH IMAGES HAVE BEEN CAPTURED. OSP IS NOT RESPONSIBLE FOR LOSS OF, OR INTERFERENCE WITH, THE PHOTOGRAPHY DUE TO THE RESTRICTIONS OF THE LOCATION, INCLUDING BUT NOT LIMITED TO, INTERFERENCE FROM SURROUNDING DEVICES, ACCESS LIMITATIONS, VENDOR + OFFICIANT RULES, FLASH RESTRICTIONS, GUESTS, WEATHER, ACTS OF GOD, AND THE LIKE.
PLEASE NOTE: THIS CONTRACT IS BETWEEN OLIVIA SEYMOUR PHOTOGRAPHY AND THE CLIENTS THAT SIGN THIS CONTRACT. ANY MONIES PAID BY ANYONE OUTSIDE OF THIS CONTRACT AND GIVEN TO OLIVIA SEYMOUR PHOTOGRAPHY TOWARDS THE BALANCE, AND CONSIDERED GIFTS TO THE BRIDE AND GROOM, AND DO NOT GIVE THOSE PARTIES ANY RIGHTS, OR SPECIAL PRIVILEDGES IN REGARDS TO ANY PHOTOGRAPHS TAKEN DURING WEDDING DAY COVERAGE, OR PLACED ON SOCIAL MEDIA OR GALLERY IN DIGITAL FORMAT AFTERWARDS.
RESERVATION
A SIGNED CONTRACT AND A RETAINER FEE ARE BOTH REQUIRED TO RESERVE THE DATE AND TIME OF THE EVENT. IF THE EVENT IS RESCHEDULED, POSTPONED, OR CANCELLED, OR IF THERE IS A BREACH OF CONTRACT BY THE CLIENT. THE RETAINER FEE IS NON-REFUNDABLE AND SHALL BE LIQUIDATED DAMAGES TO THE COMPANY. THE RETAINER IS ALSO NON-TRANSFERABLE TO BE USED AT A LATER DATE OR FOR SESSIONS, EVENTS, OR PRODUCTS.
EVENT SCHEDULE
THE CLIENT AGREES TO CONFIRM THE SCHEDULE ONE-WEEK PRIOR TO THE EVENT. NOTIFICATION OF ANY CHANGES IN SCHEDULE OR LOCATION MUST BE MADE IN A TIMELY MANNER CONFIRMATION MUST BE OBTAINED FROM OSP BY THE CLIENT.
SAFETY
OSP RESERVES THE RIGHT TO TERMINATE COVERAGE AND LEAVE THE LOCATION OF THE EVENT, IF OSP EXPERIENCES INAPPROPRIATE THREATNING, HOSTILE, HARASSMENT, OR OFFENSIVE BEHAVIOR FROM PERSON(S) AT THE EVENT; OR IN THE EVENT THAT THE SAFETY OF OLIVIA SEYMOUR AND/OR STAFF IS IN QUESTION, OSP WILL NOT BE LIABLE FOR ANY PHOTOGRAPHS MISSED, OR LACK OF COVERAGE IN THE EVENT OF NON ARRIVAL OR EARLY EXIT OF MDP AND STAFF BECAUSE OF INCLEMENT, CATASTROPHIC WEATHER, INJURY, OR ACTS OF GOD. THE CLIENT IS LIABLE FOR THE COST TO REPAIR OR REPLACE ANY GEAR DAMAGED OR STOLEN AT THE EVENT. THE CLIENT WILL PROVIDE AN EXORT FOR OSP AT TIME OF EXIT TO HER VEHICLE TO ASSURE SAFETY.
EXCLUSIVITY
OLIVIA SEYMOUR PHOTOGRAPHY (OSP) SHALL BE THE EXCLUSIVE PHOTOGRAPHER RETAINED BY THE CLIENTS FOR THE PURPOSE OF PHOTOGRAPHING THE CONTRACTED EVENT. PERSONS AT THE EVENT SHALL BE PERMITTED TO PHOTOGRAPH THE EVENT AS LONG AS THEY SHALL NOT INTERFERE WITH OSP'S DUTIES AND DO NOT PHOTOGRAPH POSES ARRANGED BY OSP. CLIENTS ACKNOWLEDGE AND AGREE THAT THE APPEARANCE AND PARTICIPATION OF ANY OTHER PHOTOGRAPHER WILL RESULT IN THE TERMINATION OF THIS AGREEMENT AND OSP'S IMMEDIATE DEPARTURE FROM THE EVENT, WITH NO FURTHER OBLIGATION ON ANY PART OF OSP TO PERFORM AND NO REFUND WILL BE PROVIDED. A VIDEOGRAPHER MAY APPEAR AND PARTICIPATE, BUT CLIENTS ACKNOWLEDGE AND AGREE THAT OSP SHALL BE PROVIDED LOCATION PRIORITY AND SHOT PRIORITY OVER ANY VIDEOGRAPHER. OSP WILL NOT BE RESPONSIBLE FOR ANY COVERAGE MISSED OR BLOCKED BECAUSE OF VIDEOGRAPHER EQUIPMENT OR INTERFERE. NO ADDITIONAL PHOTOSHOPPING WILL BE USED TO REMOVE ANY EQUIPMENT OR PERSONS FROM THE FRAME.
RESPONSIBILITIES
OLIVIA SEYMOUR IS NOT RESPONSIBLE FOR COMPROMISED COVERAGE DUE TO CAUSES BEYOND THE
CONTROL OF OSP, INCLUDING BUT NOT LIMITED TO OBTRUSIVE PERSONS, LATENESS OF THE CLIENTS OR GUESTS, WEATHER CONDITIONS, SCHEDULE COMPLICATIONS, INCORRECT ADDRESSES PROVIDED TO OSP, RENDERING OF DECORATIONS, OR RESTRICTIONS OF THE LOCATIONS, OR OFFICIATES. OSP IS NOT RESPONSIBLE FOR BACKGROUNDS OR LIGHTING CONDITIONS WHICH MAY NEGATIVELY IMPACT OR RESTRICT THE PHOTO COVERAGE. OSP IS NOT HELD LIABLE FOR MISSED COVERAGE OF ANY PART OF THE EVENT. OSP WILL NOT BE HELD ACCOUNTABLE FOR FAILURE TO DELIVER IMAGES OF ANY INDIVIDUALS, OR ANY OBJECTS AT THE EVENT.
CLIENT WILL PROVIDE OLIVIA SEYMOUR PHOTOGRAPHY WITH AN ITINERARY OF WEDDING DAY EVENTS, AND A LIST OF GUESTS, AND PERSONS WANTED IN THE FORMAL PORTRAITS POST CEREMONY ONE WEEK PRIOR TO EVENT. CLIENT WILL REQUEST OFFICIATE TO ANNOUNCE FOR THOSE PERSONS TO STAY FOLLOWING THE CEREMONY.
IT IS THE CLIENT'S RESPONSIBILITY TO HAVE THOSE NEEDED FOR PICTURES, IN PLACE AT THAT TIME.
EVENT COORDINATOR/PLANNER
DUE TO THE NATURE OF TYPICAL EVENTS, AND VARIETIES OF EVENTS TAKING PLACE IN SEVERAL LOCATIONS, OSP WILL FREQUENTLY MOVE, CHANGE, OR SECURE EQUIPMENT THROUGHOUT THE DAY. IT IS LIKELY THAT THE PHOTOGRAPHER WILL NOT BE IN THE PROXIMITY OF THE CLIENTS AT TIMES, AND THEREFORE, WILL NOT BE AWARE OF WHAT IS ABOUT TO TAKE PLACE. IT IS THE RESPONSIBILITY OF THE PLANNER/COORDINATOR OR OTHER DESIGNATED PERSON TO INFORM OSP WHEN THE NEXT MAJOR EVENT IS ABOUT TO TAKE PLACE (E.G. STARTING OF CEREMONY, GRAND ENTRANCE, FIRST DANCE, CAKE CUTTING, TOSS OF BOUQUET AND GARTER, EXIT- NO SUCH SHOTS ARE GUARANTEED). IN ADDITION, COORDINATOR/PLANNER/ DESIGNATED PERSON SHALL BE RESPONSIBLE FOR ORGANIZING AND TRACKING ALL POSED PHOTOGRAPHS THAT ARE DESIRED. THE PHOTOGRAPHER IS THERE TO TAKE PHOTOS OF ALL GROUPS IN FRONT OF HER, BUT CANNOT BE RESPONSIBLE IN ORGANIZING AND TRACKING ALL THE GROUPS. PLEASE LIMIT ALCOHOL/DRUG INTAKE OF ALL PERSONS PRIOR TO THE CEREMONY. COMPLETELY INEBRIATED GUESTS, OR ATTENDANTS MAKE IT EXTREMELY DIFFICULT TO ACHIEVE DESIRED FORMAL PHOTOS, AND BEHAVIOR WILL EFFECT THE OUTCOME OF ALL IMAGES. SHOULD YOU CHOOSE TO ALLOW IT, OSP IS NOT RESPONSIBLE FOR OUTCOME OF SAID PHOTOS. LOCATION OF POST CEREMONY FAMILY /EVENT PARTY PICTURES MUST BE CLEARED OF GUESTS, TRASH, DECOR, AND ANYTHING ELSE THAT COULD SHOW UP IN YOUR PHOTOGRAPHS.
VENUE
IT IS THE SOLE RESPONSIBILITY OF THE CLIENT TO SECURE PERMISSION OF THE CHURCH, SYNAGOGUE, OR OTHER VENUE OF THE EVENT FOR OSP TO PHOTOGRAPH THE LOCATION. THE CLIENTS SHALL INSURE THE PLACEMENT OF THE BRIDAL PARTY, THE OFFICIANT(S) AND THE ALTAR DECOR SO AS TO NOT OBSCURE THE VIEW OF THE BRIDE AND GROOM. OSP WILL ATTEMPT TO ABIDE BY THE RULES OF THE VENUE AND OFFICIATE IN REGARDS TO CAMERA PLACEMENT AT CEREMONY. MANY CITIES, COUNTIES, STATE AGENCIES AND PRIVATE VENUES/BUSINESSES ARE CHARGING A PHOTOGRAPHY PERMIT FEE. CLIENTS ARE RESPONSIBLE FOR THE PAYMENT OF ALL SUCH FEES. IN THE EVENT CLIENTS FAIL OR REFUSE TO PAY IN FULL ANY SUCH PERMIT FEE DESPITE HAVING BEEN INFORMED BY MDP THAT SUCH FEE IS REQUIRED OR HAS BEEN ASSESSED, CLIENTS ARE RESPONSIBLE FOR FEE PLUS ANY AND ALL RELATED COSTS OR FINES IF APPLICABLE. IF OSP IS ASKED TO LEAVE, AND NOT PERMITTED TO PHOTOGRAPH EVENT DUE TO LACK IN PLANNING ON CLIENT'S PART, OSP IS NOT LIABLE NOR RESPONSIBLE FOR ANY PHOTOGRAPHS MISSED.
PRE-WEDDING COVERAGE
PHOTOGRAPHER WILL ARRIVE 15 MINUTES PRIOR TO START OF DESIRED WEDDING COVERAGE FOR SET UP OF GEAR. PHOTOGRAPHY COVERAGE WILL START RIGHT AT TIME OF PAID COVERAGE. IF TIME PERMITTED, OSP WILL PHOTOGRAPH DECOR DURING THIS TIME, AND ANY BRIDAL GET READY, OR OTHER REQUESTED SHOTS.
EVENT FOOD SERVICE
IT IS CLIENTS' OPTION TO PROVIDE THE PHOTOGRAPHER AND ASSISTANT(S) A MEAL FOR BOOKINGS OF 3 HOURS OR LONGER. IF NO MEAL IS PROVIDED, IT IS UNDERSTOOD THAT THE PHOTOGRAPHER AND ITS ASSISTANT(S) WILL LEAVE THE EVENT FOR ONE HOUR, WITHOUT NOTICE OR REQUEST, TO PURCHASE A MEAL. THE PHOTOGRAPHER IS NOT RESPONSIBLE FOR ANY PHOTOS THAT MAY BE MISSED DURING THIS TIME PERIOD. IF A MEAL IS PROVIDED, THE PHOTOGRAPHER REQUIRES A 30 MINUTE BREAK/REST TO EAT THE FOOD. PLEASE HAVE CATERER MAKE A PLATE FOR THE PHOTOGRAPHER/ASSISTANT'S TO BE SERVED AND SEATED WHILE THE WEDDING PARTY EATS.
RECEPTION AND EXIT
IF DESIRED, PHOTOGRAPHER WILL COVER RECEPTION UNTIL TIME COVERAGE IS UP. IF THE COVERAGE TIME ENDS PRIOR TO THE DESIRED EXIT OF THE BRIDE AND GROOM, THAT EXIT CAN BE FAKED AT AN EARLIER TIME IN ORDER TO BE PHOTOGRAPHED. IF BRIDE DESIRES PHOTOGRAPHER TO STAY EXTRA TIME, TIME WILL BE CHARGED BY THE HOUR AT $200 PER HOUR. THAT AMOUNT WILL BE DUE PRIOR TO RECEIVING ONLINE GALLERY OF FINAL EDITED IMAGES. ONLINE GALLERY WILL NOT BE DELIVERED UNTIL OSP IS PAID IN FULL.
DELIVERY OF IMAGES
SNEAK PEEKS WILL BE POSTED AFTER WEDDING IF YOUR PACKAGE INCLUDES 48 HR SNEAKS. SNEAK PEEKS OF NON 48 HR PACKAGES WILL BE POSTED IN DISCRETION OF THE PHOTOGRAPHERS PERSONAL TIMEFRAME. AN ONLINE GALLERY OF EDITED IMAGES WILL BE AVAILABLE WITHIN 8-10 WEEKS, MAXIMUM 12 WEEKS OF DATE OF EVENT. IMAGES WILL BE IN A DIGITAL FORMAT ONLY, AND EDITED/PROCESSED AS OLIVIA SEYMOUR SEES FIT.
EDITING WILL BE IN THE ARTISTIC STYLE OF OLIVIA SEYMOUR PHOTOGRAPHY, AND SUBTLE FIXES IN REGARDS TO EXPOSURE WILL BE MADE. ANY EXTRA "PHOTOSHOPPING" TO REMOVE PERSONS, OBJECTS, CHANGES TO WARDROBE/MAKEUP, OR EDIT IMAGES FOR SUBJECTS TO LOOK "THINNER" WILL BE DONE SO AT AN EXTRA FEE OF $20 PER IMAGE. ONLINE GALLERIES EXPIRE WITHIN 10 YEARS.
COPYRIGHT
ALL PHOTOGRAPHY COPYRIGHTS WILL FOREVER BELONG TO OLIVIA SEYMOUR PHOTOGRAPHY (OSP.) OSP RESERVES THE RIGHT TO USE ANY PHOTOGRAPHS TAKEN DURING THE EVENT FOR SNEAK PEEKS, ADVERTISING, AND COMMERCIAL USE. THE EVENT MAY BE POSTED ON THE MDP WEBSITE OR FACE BOOK PAGE WITH SAMPLES FROM THE WEDDING AND/OR USED FOR PROMOTIONAL AND MARKETING MATERIAL. SHOULD THE CLIENT NOT WISH TO HAVE THEIR EVENT UPLOADED TO THE INTERNET FOR VIEWING OR A SAMPLE PLACED ON THE WEBSITE OR FB PAGE OR USED IN SNEAK PEEKS OR MARKETING MATERIALS, A REQUEST MUST BE MADE PRIOR TO THE EVENT IN WRITING.
MODEL RELEASE
THE SIGNING OF THIS AGREEMENT BY THE CLIENTS CONSTITUTES A COMMERCIAL MODEL RELEASE BY THE CLIENTS TO OSP. OSP WILL HAVE THE RIGHT TO MAKE REPRODUCTIONS INCLUDING BUT NOT LIMITED TO WEBSITE, PORTFOLIO SAMPLES, SELF-PROMOTION, MAGAZINE EDITORIAL USE, ADVERTISEMENT MARKETING AND PROFESSIONAL COMPETITION WITHOUT FURTHER RELEASE AND WITHOUT COMPENSATION. OSP WILL NOT MAKE REPRODUCTIONS FOR OTHER COMMERCIAL USE WITHOUT FIRST OBTAINING THE WRITTEN PERMISSION OF THE CLIENTS. CLIENTS WAIVE THE RIGHT OF TORT OR INVASION OF PRIVACY DUE TO ANY REPRODUCTIONS.
FAILURE TO PERFORM
IF OLIVIA SEYMOUR IS UNABLE TO PERFORM TO THIS CONTRACT DUE TO ANY CAUSE BEYOND THE CONTROL OF THE PARTIES, OLIVIA SEYMOUR PHOTOGRAPHY SHALL HAVE NO FURTHER LIABILITY WITH RESPECT TO THIS AGREEMENT.
IF OLIVIA SEYMOUR PHOTOGRAPHY IS UNABLE TO PERFORM TO THE OBLIGATIONS IN THIS CONTRACT IN THE EVENT OF PHOTOGRAPHER'S ILLNESS, INJURY, CATASTROPHIC WEATHER, INJURY OR SUDDEN DEATH OF A LOVED ONE, ACTS OF GOD, OR ANY OTHER REASON, OLIVIA SEYMOUR PHOTOGRAPHY WILL NOT BE LIABLE FOR COSTS IN EXCESS OF THE AMOUNT THE CLIENT HAS PAID OLIVIA SEYMOUR PHOTOGRAPHY FOR EVENT COVERAGE ONLY SANS COSTS OF ANY PORTRAIT SESSIONS INCLUDED IN PACKAGE, TRAVEL FEES, FEES OR PORTRAIT SESSIONS THAT WERE PURCHASED EXTRA. OLIVIA SEYMOUR PHOTOGRAPHY RESERVES THE RIGHT TO SUBSTITUTE WITH ANOTHER PHOTOGRAPHER IN THE CASE OF FALIURE TO PERFORM AS STATED ABOVE. THE SUBSTITUTE PHOTOGRAPHER IS CHOSEN AT THE DISCRETION OF OSP AND DOES NOT CONSTITUTE A BREACH OF THIS AGREEMENT. OSP WARRANTS THE SUBSTITUTE TO BE COMPARABLE QUALITY AND PROFESSIONALISM.
CLIENTS UNDERSTAND THE UNPREDICTABLE AND NON-POSED NATURE OF PHOTOJOURNALISM AND ASSUMES ALL RISK OF SAME, AND FURTHER AGREES TO WAIVE ANY AND ALL RIGHTS TO ANY CLAIMS, DEMANDS, CIVIL ACTIONS AND/OR LAWSUITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF ANY ALLEGATIONS OF NEGLIGENCE, BREACH, INFLICTION OF EMOTIONAL DISTRESS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY CLAIMS ALLEGING MISSED OR LOST PHOTOGRAPHS AND/OR OPPORTUNITIES. UNDER NO CIRCUMSTANCES WILL OSP, ITS AGENTS, CONTRACTORS, STAFF, EMPLOYEES AND/OR THIRD PARTY ASSOCIATES BE LIABLE TO CLIENTS OR ANY OTHER PERSONS OR ENTITIES FOR ANY LOSS, DAMAGES, CLAIMS, INJURIES OR ANY OTHER CLAIMS.
CLIENTS HEREBY EXPRESSLY AND IRREVOCABLY WAIVE AND FOREVER RELINQUISH ALL RIGHTS TO MAKE ANY CLAIMS AGAINST OSP, INCLUDING BUT NOT LIMITED AS SET FORTH IN THE PRECEDING PARAGRAPH, AND INCLUDING BUT NOT LIMITED TO ANY AND ALL CLAIMS ARISING FROM OR RELATED TO LATENESS, ACCIDENT, NEGLECT, HUMAN ERROR, LOSS OF MATERIALS, DAMAGE TO MATERIALS, DAMAGED FROM PROCESSING, CAMERA MALFUNCTION, MATERIALS LOST IN THE MAIL, FIRE, CASUAL]' OR OTHERWISE LOST OR DAMAGED, ACTS OF GOD, EQUIPMENT PROBLEMS OR OTHER FAILURES. THIS WAIVER APPLIES TO OSP'S SERVICES AND GOODS, INCLUDING THE IMAGES. CLIENTS SHALL BE RESPONSIBLE FOR ALL COSTS AND EXPENSES INCURRED BY OSP, INCLUDING BUT NOT LIMITED TO OSP'S ATTORNEYS' FEES, IF ANY SUCH CLAIM IS ASSERTED, DEMAND MADE, CIVIL ACTION INSTITUTED OR LAWSUIT FILED. THE PHOTOGRAPHER MAKES EVERY EFFORT TO KEEP ANY OF THE ABOVE FROM HAPPENING. NO SPECIFIC PHOTOGRAPH IS GUARANTEED. OSP DISCLAIMS ANY AND ALL LIABILITY TO CLIENTS; HOWEVER, SHOULD ANY LOSS OR DAMAGE BE PROVEN BY CLIENTS TO HAVE BEEN SUSTAINED DUE TO OSP'S GROSS NEGLIGENCE, RECKLESSNESS, AND/OR INTENTIONAL ACT OR OMISSION, THEN OSP'S LIABILITY IS LIMITED TO THE RETURN OF ALL PAYMENTS RECEIVED (MINUS THE COST OF ANY PORTRAIT SESSION INCLUDED IN PACKAGES) FROM THE CLIENT UNDER THIS AGREEMENT. OLIVIA SEYMOUR WILL NOT BE LIABLE FOR COSTS IN EXCESS OF THE AMOUNT THE CLIENT HAS PAID OLIVIA SEYMOUR PHOTOGRAPHY.
TERMINATION
OSP MAY TERMINATE THIS AGREEMENT AT ANY TIME FOR CAUSE, WHICH INCLUDES BUT IS NOT LIMITED TO ANY BREACH OR FAILURE TO PERFORM BY CLIENTS, ANY ARTISTIC DIFFERENCES, HARASSMENT, STRESSFUL BEHAVIOR, THREATS, SEXUAL HARASSMENT, ABUSE, VERBAL ABUSE, FAILURE TO PAY, AN UNSAFE WORKING ENVIRONMENT, MISBEHAVIOR, INTERNET OR EMAIL ABUSE AND/OR RISK TO OSP, ITS STAFF AND/OR ASSOCIATES, AND /OR RISK OF DAMAGE AND/OR DAMAGE TO MDP EQUIPMENT. THE AGREEMENT WILL ALSO TERMINATE IN THE EVENT OF THE SUPPLIER'S BANKRUPTCY OR INSOLVENCY. CLIENTS WILL NOT BE ENTITLED TO ANY REFUND UPON SUCH TERMINATION.
CANCELLATION
SHOULD AN EVENT BE CANCELED DUE TO THE FAULT OF THE CLIENT, OSP RESERVES THE RIGHT TO KEEP ANY RETAINER OR PAYMENTS MADE BY THE CLIENT UP UNTIL THE DATE OF TERMINATION NOTICE IS GIVEN. NO MONIES WILL BE REFUNDED EVEN IF THE DATE IS POSTPONED OR MOVED.
COVID 19 POLICY
DUE TO PANDEMICS BEING UNCHARTED TERRITORY FOR OSP, AS WELL AS FOR YOU, OSP WILL SHOW GRACE TO CLIENTS IF BRIDE OR GROOM TEST POSITIVE FOR COVID 19. OSP WILL NEED A COPY OF TESTS RESULTS SIGNED BY A DOCTOR SHOWING POSITIVE STATUS. IN THIS EVENT, YOUR RETAINER WILL BE USED FOR YOUR NEXT WEDDING DATE. PLEASE COMMUNICATE WITH OSP IMMEDIATELY, WITH AT LEAST 3 DATES OF YOUR CHOOSING OF OTHER DATES TO BOOK.
WEDDING DATES WITH OSP ARE OFTEN BOOKED YEARS IN ADVANCE, AND SOME DATES AREN'T ACCESSIBLE, AS THEY ARE ALREADY BOOKED AND CAN'T BE BOOKED AGAIN. WITH COVID IN MIND, OSP IS LEAVING ALL SUNDAYS FREE FROM NORMAL BOOKINGS DURING 2021, SPECIFICALLY FOR COVID COUPLES THAT MAY HAVE WEDDING DATES THAT ARE BEING FORCED TO POSTPONE DUE TO A POSITIVE COVID STATUS BY EITHER BRIDE OR GROOM, OR A MANDATED SHUT DOWN BY THE STATE OF TEXAS. IN THE EVENT THAT THE MULTIPLE DATES THAT ARE CHOSEN BY CLIENT, DO NOT WORK FOR OSP, OSP WILL OFFER A STAND IN PHOTOGRAPHER TO DOCUMENT YOUR EVENT, WITH OSP STILL EDITING THE IMAGES IN HER STYLE OF ART, OR A REFUND OF ALL MONIES PAID, SANS THE COST OF ANY PORTRAIT SESSIONS, PRODUCTS, FEES, OR TRAVEL. REFUND OF MONIES IS TO BE PAID BACK WITHIN 90 DAYS.
IF CLIENT OR VENUE REQUIRES OSP TO MASK UP, PLEASE NOTIFY OSP 24 HRS PRIOR TO EVENT.
DOWNGRADE/UPGRADE PACKAGE
IF AT ANYTIME CLIENT WISHES TO DOWNGRADE OR UPGRADE THEIR WEDDING PACKAGE, CLIENT IS TO CONFIRM FINAL CHOICE PRIOR TO 6 WEEKS OF WEDDING DATE, IN WRITING.
REMAINING BALANCE OF WEDDING IS DUE 45 BUSINESS DAYS TO WEDDING DATE.
THERE IS AN ADDITIONAL $50 LATE FEE ADDED EACH AND EVERY SINGLE DAY THE FINAL BALANCE IS NOT PAID AFTER THE DUE DATE.
ANY DOWNGRADED PACKAGE REQUESTED THAT IS LOWER THAN MONEY PREVIOUSLY PAID TO OSP, WILL RESULT IN NO ADDED REFUND OF ADDITIONAL PAID MONEY TO CLIENT.
EXPENSES
CLIENTS AGREE TO REIMBURSE OSP FOR ALL REASONABLE EXPENSES INCURRED IN PERFORMING THIS AGREEMENT, WITHIN 30 DAYS OF PHOTOGRAPHER'S REQUEST, PROVIDED THAT SUCH EXPENSES SHALL BE ITEMIZED AND SUPPORTED BY INVOICES. CLIENTS ARE RESPONSIBLE FOR ALL OUT-OF-POCKET EXPENSES SUCH AS PARKING, ENTRY, TOLL AND OTHER EXPENSES DIRECTLY RELATED TO THE PHOTOGRAPHIC ASSIGNMENT.
CLIENT USAGE RIGHTS
THE CLIENT IS GRANTED LIMITED USAGE FOR AN UNLIMITED AMOUNT OF TIME ON ALL PHOTOGRAPHS FOR PRIVATE AND PERSONAL USE ONLY. IMAGE FILES ARE NON-TRANSFERABLE AND CANNOT BE GIVEN, SHARED, OR SOLD TO ANY THIRD PARTY. WEB SHARING OF IMAGES IS OKAY BUT MUST CONTAIN PHOTO CREDIT.
CREDIT MUST READ: "PHOTOGRAPHY BY OLIVIA SEYMOUR PHOTOGRAPHY."
COMMERCIAL USE IS STRICTLY PROHIBITED AND PUNISHABLE BY A FINE OF NO LESS THAN THREE TIMES THE COMMERCIAL USAGE WORTH OF THE PHOTO THAT IS UNLAWFULLY USED. CLIENT IS FORBIDDEN FROM EDITING ANY PHOTOGRAPH, EXCEPT FOR CROPPING TO PRINT. CLIENT IS GIVEN FULL PRINT RIGHTS FOR LIFE ON ANY AND ALL DIGITAL IMAGES GIVEN BACK IN PASS GALLERY.
CLIENTS UNDERSTAND THAT THESE IMAGES ARE MAINLY FOR PERSONAL ENJOYMENT AND TO BE VIEWED IN THEIR HOMES, AND ON THEIR WALLS. IF IMAGES ARE SHARED WITH ANY BUSINESS (INCLUDING CLIENT'S VENDORS FROM EVENT) TO USE AS MARKETING, OR ON SOCIAL MEDIA, OLIVIA SEYMOUR MUST BE ASKED FOR PERMISSION PRIOR TO USE, AND MUST BE PHOTO CREDITED WHEN PHOTOS ARE SHARED. IT IS THE CLIENT'S RESPONSIBILITY TO MAKE CERTAIN THAT ANYONE OUTSIDE OF THIS CONTRACT KNOWS TO SHARE ANY OSP PHOTOS WITH PROPER PHOTO CREDIT.
CREDIT MUST READ: "PHOTOGRAPHY BY OLIVIA SEYMOUR PHOTOGRAPHY."
FINAL PHOTO PRODUCT
OSP MAKES NO GUARANTEE, EITHER EXPRESSED OR IMPLIED, IN REGARD TO THE QUALITY OF THE IMAGES, BECAUSE THEY ARE SUBJECTIVE AND IN ADDITION, MAY BE INFLUENCED BY MANY FACTORS BEYOND THE CONTROL OF THE PHOTOGRAPHER, ESPECIALLY DURING LIVE OR UNSTAGED EVENTS SUCH AS WEDDINGS. IT IS ALSO UNDERSTOOD THAT CLIENTS ARE HIRING OSP FOR IT'S TECHNICAL AND ARTISTIC EXPERTISE AND, THEREFORE, OSP RESERVES THE RIGHT TO EDIT THE IMAGES AS IT SEES FIT. OSP DOES NOT GUARANTEE THAT EVERYONE INVOLVED IN THE EVENT WILL BE PHOTOGRAPHED OR WILL BE INCLUDED IN THE FINAL IMAGES. CLIENTS ARE AWARE THAT DIGITAL FILES MAY BE CORRUPTED DUE TO INHERENT MEDIA DEFICIENCIES AND RANDOM INTERFERENCE OF CHANGING LIGHTING, AND GUESTS USING THEIR OWN DEVICES TO TAKE PHOTOGRAPHS.
ADDITIONAL CUSTOM ORDERS
ADDITIONAL CUSTOM ORDERS (E.G. PRINTS, ENLARGEMENTS, ALBUMS, CANVAS, USB'S, OR PHOTOSHOPPING) MUST BE PAID IN FULL AT THE TIME OF ORDER. IF ADDITIONAL HOURS ARE WORKED, PRODUCTS WILL NOT BE DELIVERED UNTIL PAYMENT FOR THOSE PRODUCTS IS RECEIVED IN FULL. A $50.00 FEE WILL BE CHARGED FOR ANY RETURNED BANK CHECKS. IF CLIENTS FAILS, OR REFUSES PAYMENT OR DELIVERY BY THE TERMS SET FORTH, PHOTOGRAPHER SHALL CHARGE THE CLIENTS A SERVICE FEE OF $50.00 PLUS 2% INTEREST PER MONTH.
MISCELLANY
THIS AGREEMENT CONSTITUTES THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES AND SUPERSEDES ALL PRIOR DISCUSSIONS AND UNDERSTANDINGS WITH RESPECT TO THE SUBJECT OF THIS AGREEMENT, WHETHER WRITTEN OR ORAL. ITS TERMS CAN BE MODIFIED ONLY BY AN INSTRUMENT IN WRITING SIGNED BY BOTH PARTIES. A WAIVER OF A BREACH OF ANY OF THE PROVISIONS OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A WAIVER OF ANY OTHER BREACHES OF THE SAME OR OTHER PROVISIONS HEREOF. THIS AGREEMENT SHALL BE BINDING UPON THE PARTIES HERETO AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, AND PERSONAL REPRESENTATIVES. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. IF ANY PROVISION OF THIS AGREEMENT IS HELD UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THAT PROVISION SHALL BE SEVERED AND SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINING PROVISIONS. THE PARTIES FURTHER AGREE THAT IN THE EVENT THAT AMBIGUITY OR QUESTION OF INTENT OR INTERPRETATION ARISES, OR IN THE EVENT OF ANY DISPUTE WITH RESPECT TO THE PROVISIONS HEREOF, THIS CONTRACT SHALL BE CONSTRUED AS IF DRAFTED JOINTLY BY ALL OF THE PARTIES, AND NO PRESUMPTION OR BURDEN OF PROOF SHALL ARISE FAVORING OR DISFAVORING ANY PARTY BY VIRTUE OF THE AUTHORSHIP OF ANY OF THE PROVISIONS HEREIN.
INDEMNITY
OLIVIA SEYMOUR PHOTOGRAPHY REPRESENTS THAT IT IS THE SOLE CREATOR OF THE IMAGES AND OWNS ALL RIGHTS GRANTED UNDER THIS AGREEMENT, THAT THE IMAGES ARE AN ORIGINAL CREATION (EXCEPT FOR MATERIALS OBTAINED WITH THE WRITTEN PERMISSION OF OTHERS OR MATERIALS FROM THE PUBLIC DOMAIN), THAT THE IMAGES DO NOT INFRINGE ANY OTHER PERSON'S COPYRIGHTS OR RIGHTS OF LITERARY PROPERTY, NOR DO THEY VIOLATE THE RIGHTS OF PRIVACY, OR LIBEL, OF OTHER PERSONS. THE CLIENT AGREES TO INDEMNIFY AND HOLD HARMLESS OSP AGAINST ANY CLAIMS, JUDGMENTS, COURT COSTS, ATTORNEY'S FEES, AND OTHER EXPENSES ARISING FROM ANY ALLEGED OR ACTUAL BREACH.
IN THE EVENT OF A TERMINATION OF THIS AGREEMENT BY CLIENTS, THE CLIENTS AGREE THAT ALL RETAINERS AND FEES ALREADY PAID TO OSP AS OF THE DATE THE NOTICE OF TERMINATION IS RECEIVED BY OSP WILL NOT BE REFUNDED OR TRANSFERRED. CLIENTS UNDERSTAND, ACKNOWLEDGE AND AGREE THAT OSP'S SERVICES ARE IN DEMAND AND THAT SUBSTANTIAL EFFORT, PLANNING AND RESERVATION OF TIME, AS WELL AS POTENTIAL DECLINING OF OTHER CONTRACTS AND/OR ENGAGEMENTS, MAY AND/OR WILL RESULT FROM ENTERING INTO THIS AGREEMENT, AND THUS PRECISE LOSS OR DAMAGE FROM TERMINATION OF THE CONTRACT MAY NOT BE ASCERTAINABLE AND/OR PREDICTABLE, AND THUS THE RETAINER WILL NOT BE REFUNDED OR TRANSFERRED DUE TO TERMINATION OR CANCELLATION OF THE EVENT FOR ANY REASON OTHER THAN COVID 19, OR STATE MANDATED SHUTDOWNS. NO REFUND WILL BE PROVIDED OR TRANSFERRED EVEN IF THE WEDDING IS CANCELLED OR THE DATE CHANGED. UPON SIGNATURE AND RECEIPT OF THE RETAINER, OSP RESERVES THE TIME AND DATE AGREED UPON FOR THE EVENT.
FAILURE OF THE CLIENTS TO PAY THE FULL FINAL REMAINING BALANCE ON OR BEFORE 45 BUSINESS DAYS PRIOR TO THE WEDDING DATE LISTED ABOVE SHALL CONSTITUTE TERMINATION OF CONTRACT.
TO CANCEL TERMINATION OF CONTRACT, AN ADDED LATE FEE OF $50 PER EACH DAY THAT REMAINING BALANCE IS LATE, WILL BE DUE.
IF NO CONTACT IS MADE TO OSP BY CLIENT TO MAKE REMAINING BALANCE PAYMENT INCLUDED WITH ANY LATE FEES, TERMINATION OF CONTRACT WILL THEN BE IN PLACE. ONCE CONTRACT IS TERMINATED, OSP WILL NOT ATTEND, AND SHALL NOT BE EXPECTED TO ATTEND, SAID EVENT. ANY MONIES PAID PRIOR WILL NOT BE REFUNDED.