Terms of the Contract
Terms & Clause
LEVEL OF SERVICE:
The parties agree that Christian Rivera Photos will provide the following photography services:
RETAINER, PAYMENT POLICY & EXPENSES:
The retainer for the photography services for each event is 70% which shall be applied towards the purchase of a photograph collection. The remaining balance will be due to the day of the event. Applicable sales tax is included in the photography collection. However, additional items not listed in the collection may be subject to California sales tax.
If the client cancels the photography services for any reason, Christian Rivera Photos shall be entitled to retain the entire amount of the retainer.
The client needs to provide a map for all locations, emergency telephone numbers, an itinerary of the day for the wedding, and a list of any special groupings, persons, or services to be photographed. That list has to be provided 10 days before the event. All other photographs will be taken at the photographer’s professional discretion. Christian Rivera Photos will not be responsible for taking pictures of the following: client family members running late; approaching to someone with an illness to photograph him; being forced to photograph in a climate that should affect the photographer and the assistant; counting the time if the client or others get stuck in traffic and arriving late. By last, a meal has to be provided for the photographer and assistant as applicable.
LIMITATION OF LIABILITY:
While every reasonable effort will be made to create and deliver quality photographs of the event, the entire liability of Christian Rivera Photos to the CLIENT for any claim, loss, injury or damage arising or relating to this Agreement or the performance of Christian Rivera Photos, including the negligence of Christian Rivera Photos, is limited to a refund to the CLIENT of the amount received by Christian Rivera Photos in connection with the event. In the unlikely event of unforeseen illness or any other circumstances beyond our control, a substitute photographer of high qualifications may be dispatched by Christian Rivera Photos to fulfill the obligations of photography herein contracted.
DAMAGE OR DESTRUCTION OF CHRISTIAN RIVERA PHOTOS PHOTOGRAPHIC EQUIPMENT:
If any photographic or other equipment used by Christian Rivera Photos during the course of the photography services hereunder is damaged or destroyed by the CLIENT, any of client invitees, guests, affiliates, friends or family members or any other person hired by the client in the connection with the event, the client shall reimburse Christian Rivera Photos for 100% of the costs to fix such damage, including insurance deductibles or in the case of destruction 100% of the replacement cost of such equipment.
Christian Rivera Photos warrants all prices quoted for professional products, photographs, and albums are valid for a period of one year following the event date.
EXCLUSIVITY & AUTHORITY:
Christian Rivera Photos will be the sole professional still photographer(s) working at the event. Family and friends are welcome to take photograph alongside our photographer, except during the time allotted for family photographs, when we require that all attention on our photographer, No other photographer or professional is permitted to photograph these closed sessions, as they draw focus from the subject.
Christian Rivera Photos accepts a list of family members and friends to be photographed, but because a party is an uncontrolled event, Christian Rivera Photos cannot guarantee delivery specifically requested image(s) although, all efforts will be made if an appropriate amount of time I allotted to do so.
In exchange for consideration received, the undersigned hereby give permission to Christian Rivera Photos to use their names and photographic likeness in all forms and media for advertising, trade and any other lawful purposes. If the client wishes their images not to be published, they must notify Christian Rivera Photos in advance.
FEDERAL COPYRIGHT LAWS:
Christian Rivera Photos owns all copyrights for any and all images produced in connection with this Agreement, including the exclusive right to reproduce or publicly display such images. As author of all images made hereunder and as provided by law, Christian Rivera Photos shall retain the copyrights in perpetuity, regardless of possession or ownership of photographs, digital files, or any other format of reproduction.
Christian Rivera Photos and the CLIENT shall have the right to use images as follows: Use by Christian Rivera Photos; the client recognizes and agrees that Christian Rivera Photos may reproduce, publish, exhibit and otherwise use any images created hereunder, without specific identification of persons or events, as samples of their work to be shown to prospective clients, and for instructional or institutional purposes including use in conjunction with televised or published interviews, consistent with the highest standards of taste and judgment. The client shall receive an online gallery to download the edited images within 14 days after the wedding date. The online gallery will be available to download for 1 year after the wedding date. Christian Rivera Photos recognizes and agrees that the client may reproduce the wedding images created hereunder for (1) personal use including the reproduction of copies for family's members, wedding guests, and friends. (2) The publication for wedding-related newspaper announcements or articles provided that images carry a copyrighted credit line. This includes the authorization by Christian Rivera Photos. (3) Non-commercial exhibition. The CLIENT will not be permitted to sale for any commercial reason the images without the specific consent of Christian Rivera Photos. Additionally, once the client receives the copies of the digital images, Christian Rivera Photos is no longer responsible for maintaining digital copies of the images. The CLIENT is responsible for the safekeeping of the digital images and Christian Rivera Photos highly recommends the CLIENT back-ups their digital images.
EDITING & RE-TOCHING:
Christian Rivera Photos edits all images of the event. Editing includes: culling images, cropping, color correction, sharpening, contrast boosting, and changing particular images to black and white. For purchases of a flush-mount wedding album, images will be re-touched for no additional fee upon client-specific requests.
(If applicable): As part of their service, Christian Rivera Photos will design the layout of albums including designation of photograph sizes and page placement. The albums included in the collections are 30 pages (15 sheets) or 24 pages (12 sheets). Additional pages may be purchased. The bride and groom will be advised to choose up to 80 of their favorite images to be included in the album. The album will be designed by Christian Rivera Photos, after which you have a consultation session to change the design without any charges. The album design may take 1 or 2 weeks and the production may take up to 3 to 4 weeks after the approval of the client. Production time may be delayed if the bride and groom do not choose their favorite images within 30 days of receiving their online gallery.
This is the complete agreement between the parties concerning the subject matter hereof and all prior agreements are merged within. This is a California agreement and is to be construed as such, without application of the principles of conflict of law. Time is of the essence with respect to the client obligations hereunder. If any dispute arises in connection with or relating to the Agreement or relating to claim which arises hereunder, then the parties agree that such claim shall be heard in the courts of Orange County, California, and the parties waive any defense of personal jurisdiction or lack of venue and consent to the personal jurisdiction of the said courts.