ENTIRE AGREEMENT: This agreement contains the entire understanding between DELITE PHOTOGRAPHY and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
2. DELITE PHOTOGRAPHY: agrees to provide to the CLIENT for compensation photography services which may include products, editing, additional lighting, but may only include services including digital photographs.
3. RESERVATION: Upon your signature, DELITE PHOTOGRAPHY will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Retainer is non-refundable, even if the date is changed or the wedding canceled for any reason; including acts of God, fire, strike and/or extreme weather. The Retainer is to be paid at the time of signing the contract. The Retainer is applied towards the contracted wedding photography package. THE CLIENT understands and agrees that the entire amount owed for the wedding photography package described in the contract is due before delivery of the image DVD.
4. DVD DELIVERY: After the wedding, DELITE PHOTOGRAPHY will provide THE CLIENT with a high resolution DVD. This DVD will contain all photographs taken at the event. If applicable: THE CLIENT should provide DELITE PHOTOGRAPHY with a list of desired images to be printed, enlarged and/or digitally manipulated (corresponding to the amount of prints agreed upon in this contract). The list should specify which images should be in color, black and white or sepia. Printing of photographs cannot commence prior to DELITE PHOTOGRAPHY receipt of this list.
5. CANCELLATION: In the event that THE CLIENT cancels the contracted services outlined in this contract before 1 year of the wedding ceremony, the retainer will be forfeited and DELITE PHOTOGRAPHY agrees to refund all additional money (less expenditures for which receipts will be provided), to THE CLIENT. In the event which services stated in contract are canceled 6 months to one day less than a year THE CLIENT agrees to forfeit all retainers paid plus 50% of remaining balance at time of cancellation. In the event THE CLIENT cancels services in this contract within one day less of 6 months before the event date, THE CLIENT agrees to forfeit retainer and pay 100% of remaining balance at time of cancellation.
6. PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation, via the phone or in person, before the wedding date in order to finalize the actual shooting times and locations.
7. EVENT GUIDE: THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).
8. 90 MINUTE WINDOW: The bride and/or groom agree to set aside at least 30 minutes before the commencement of the wedding ceremony and a 60 minute time frame afterward for photographs that cannot be obtained during the ceremony or reception. The 60 minutes following the ceremony includes group photographs. If either the bride’s or groom’s late arrival (or any other reason outside of the photographer’s control) prevents this 90 minutes window from occurring, DELITE PHOTOGRAPHY shall not be held liable for failure to take desired photographs.
9. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. DELITE PHOTOGRAPHY is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to DELITE PHOTOGRAPHY recommends that THE CLIENT designate an “event guide” (see PRE-EVENT CONSULTATION above) to point out important individuals to the photographer, whom THE CLIENT wishes to include in informal or candid photographs.
10. SHOOTING TIME/ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and DELITE PHOTOGRAPHY agree that positive cooperation and punctuality are therefore essential. Shooting commences at the schedules time. Should the ceremony start late due to any reason whatsoever, DELITE PHOTOGRAPHY will not be held liable for any photographs not taken.
11. HOUSE RULES: The photographer is limited by the guidelines of the ceremony official or the reception site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT’S responsibility; DELITE PHOTOGRAPHY will offer technical recommendations only.
12. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by DELITE PHOTOGRAPHY are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without DELITE PHOTOGRAPHY explicit written permission. Upon final payment, THE CLIENT will receive copyright ownership of the resulting images and will be transferred to THE CLIENT under the following conditions:
The negatives and/or slides are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.
THE CLIENT must obtain written permission from, and compensate DELITE PHOTOGRAPHY prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit or promotional purposes.
13. MODEL RELEASE: THE CLIENT hereby assigns and grants DELITE PHOTOGRAPHY and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases DELITE PHOTOGRAPHY and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that DELITE PHOTOGRAPHY may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by DELITE PHOTOGRAPHY.
14. EXCLUSIVITY/GUEST PHOTOGRAPHY: It is understood that DELITE PHOTOGRAPHY will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guest’s cameras may ruin shots taken by DELITE PHOTOGRAPHY, THE CLIENT acknowledges that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer(s) are in session. DELITE PHOTOGRAPHY suggests that a separate notice be placed in the invitations. The formal photography time is for the exclusive use of DELITE PHOTOGRAPHY to capture the formal wedding portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted unless granted permission from the primary photographer. DELITE PHOTOGRAPHY will allow guests to take snapshots during the processional and recessional, during the processional and recessional, during candid events at the church, and at the altar during the time DELITE PHOTOGRAPHY equipment is being packed up. In return for this consideration DELITE PHOTOGRAPHY insists no other guest photography take place when or where DELITE PHOTOGRAPHY is working. No other guest/photographer using professional equipment will be allowed by DELITE PHOTOGRAPHY at any time during the wedding. DELITE PHOTOGRAPHY reserves the right to stop any photographic services paid for and leave the function should any other person take photographs with any professional equipment – with all payments being forfeit.
15. THE CLIENT: Is responsible for the conduct of their guests. THE CLIENT will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. THE CLIENT should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the wedding day should be planned to make the best use of time from all vendors.
16. DELITE PHOTOGRAPHY will not tolerate verbally or physically abusive behavior, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. THE CLIENT understands that in such an event, no refunds will be granted. In the event that any equipment is broken or damaged by THE CLIENT or the guests at the event THE CLIENT is liable for repairs or replacement of any items damaged or broken.
17. COMPLETION SCHEDULE: The ordering process can only start once DELITE PHOTOGRAPHY receives the order list for the required images. Digital processing takes approximately 2 weeks. Creation of a wedding album takes 8 – 12 weeks, enlargements 1-2 weeks or possibly longer when laboratory and bindery schedules are heavy.
18. PAYMENTS: THE CLIENT agrees that a retainer is required at the time of contract acceptance and 100% of the remaining balance is due at least 1 week prior to the event date.
19. METHOD OF RENUMERATION: Payment may be cash or check.
20. PENALTY FEES & CHARGES: There is a $100.00 late payment fee for any payments that are not postmarked or delivered to DELITE PHOTOGRAPHY by the required date of at least one week prior to the date of the event. Any returned checks will be charged a minimum of $50.00 up to and no more than the amount of the check that was returned.
21. RIGHT OF WITHDRAWAL: DELITE PHOTOGRAPHY’S discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities, or available times; missed appointments and late payments are examples of contributing factors. Should DELITE PHOTOGRAPHY initiate the withdrawal, all fees will be returned, excluding retainer as well as fair market value for all services/products already provided. In case of withdrawal, $100.00 an hour is charged for all photography services already provided and $50.00 an hour is charged for all other services, consultation’s and driving time, rounded up to the nearest half-hour.
22. LIMIT OF LIABILITY: In the unlikely event of a severe medical, natural or other emergencies, it may be necessary to retain an alternative photographer. DELITE PHOTOGRAPHY will secure a replacement photographer able to provide the package as chosen in this contract. In such situation, THE CLIENT has the right to cancel all agreements stated in this contract and RICHARD HARRIS PHOTOGRAPHY will release all balances remaining but THE CLIENT will forfeit retainer or deposit.
23. DELITE PHOTOGRAPHY takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being blurry, lost, stolen or destroyed for reasons within or beyond DELITE PHOTOGRAPHY control, the latter’s liability is limited to the return of 50% of all payments received for the event package. The limit of liability shall not exceed 50% of the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based of the percentage of total number of originals.
24. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding DELITE PHOTOGRAPHY cannot place an unconditional guarantee on the above. DELITE PHOTOGRAPHY will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of DELITE PHOTOGRAPHY control.
25. PERFORMANCE: The performance of this contract on behalf of DELITE PHOTOGRAPHY shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
26. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
27. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and DELITE PHOTOGRAPHY at the time of acceptance of this contract shall be recognized as amendments to this contract.
GENERAL DEFINITIONS Delite Entertainment LLC is an entertainment broker firm which provides Acts (defined below) for events. Client is the person or entity soliciting entertainment services from Delite Entertainment LLC, and is duly authorized to enter into a contract. Act(s) is an independent contractor that renders the requested service(s) to Client, including but not limited to musicians, magicians, disc jockeys, masters of ceremonies, technicians, and any other staff. Act(s) also includes any equipment and props used to provide such services, including but not limited to amplifiers, lighting, moonwalks, concession equipment, and more.
One event may include several Acts.
OBLIGATIONS—Under this contract, Delite Entertainment LLC is obligated to provide the specified Act(s) for the listed event, as agreed to in this agreement. Furthermore, Client is obligated to pay the agreed-upon amount, either paying in full at the time of signing, or by paying the specified deposit within 10 business days of signing and paying the balance due on the Monday immediately preceding the date of the event. Obligations to Delite Entertainment LLC do not attach until a deposit has been received, and no deposit will be accepted beginning 10 days after the signing of the contract. If 10 days pass after the signing of the contract and deposit has not been received, then this contract is void.
ANY AMOUNT PAID IS NON-REFUNDABLE, except for where specifically provided below.
PERFORMANCE—NON- In the event that Delite Entertainment LLC in unable to provide any individually named Act, as agreed to in this agreement, Delite Entertainment LLC will have the opportunity to furnish a reasonable substitute Act—with Client approval that may not be unreasonably withheld—on the same conditions and provided this agreement. If no reasonable substitute can be provided, or the Act is unique and irreplaceable, then Client is released from the obligation to pay the balance due and deposit will be refunded.
FINAL PAYMENT—Client shall pay Delite Entertainment LLC by cash, check, money order, or authorized credit card. Credit cards incur and 2.5% surcharge. Payment may be received by any authorized agent of Delite Entertainment LLC. In the event that a balance is still outstanding on the date of the event or if Client requests for additional services on the date of the event (e.g., a longer set with a disc jockey), payment may be made by Client to the Act at the event. No balance should be outstanding after the date of the event.
CHOICE OF LAW, CHOICE OF VENUE, and COURT COSTS—This agreement is made under and subject to the laws of the State of FLORIDA. Should legal proceedings or arbitration become necessary, Client consents exclusive jurisdiction in Hillsborough County, Florida. If it should become necessary for Delite Entertainment LLC to take legal actions to collect on or enforce this agreement, Delite Entertainment LLC is entitled to recover attorney's fees and court cost incurred from Client.
CANCELLATION: In the event that THE CLIENT cancels the contracted services outlined in this contract before 1 year of the wedding ceremony, the retainer will be forfeited and DELITE Entertainment agrees to refund all additional money (less expenditures for which receipts will be provided), to THE CLIENT. In the event which services stated in contract are canceled 6 months to one day less than a year THE
CLIENT agrees to forfeit all retainers paid plus 50% of remaining balance at time of cancellation. In the event THE CLIENT cancels services in this contract within one day less of 6 months before the event date, THE CLIENT agrees to forfeit retainer and pay 100% of remaining balance at time of cancellation.
EQUIPMENT—Some Acts come with equipment necessary to perform. Client is fully responsible for any loss of or damage to equipment and props provided for the event which results from the actions of Client, Client’s employees and contractors, or Client’s guests. This contract is complete on its face. Any alterations must be made in writing, approved by Delite Entertainment LLC, and signed.