terms and conditions
This agreement is the full and complete agreement between us (The “Client”) and Fun In The Sun Weddings (“FITSW”) regarding the event (The “Event”) and supersedes all prior agreements. Changes to this agreement must be in writing, signed by all parties.
Unless otherwise noted, FITSW, its associates and employees, will be the exclusive photographer and/or videographer at the Event. The Client and FITSW agree that good faith cooperation and communication between them is critical to obtain a good result. FITSW recommends that the Client identify to the Photographer and/or videographer important people to be photographed or filmed during the Event or associated portraits. FITSW is not responsible for not photographing or filming any person not identified and is not responsible to gather people for photographs/video. FITSW is not responsible for people who do not appear or cooperate during photography/video, or for photographs or video not taken when not requested by the Client or when beyond the photographer’s or videographer’s control. Not less than 1 week before the Event the Client will provide FITSW with a “wish” list outlining the Client’s desired photographs and/or video.
The Client understands that the photographer and videographer are subject to the rules and regulations of the ceremony officiant, Event venue management and any fees charged. The Client knows and understands those rules, regulations and fees. Negotiation for variation of rules, regulations and fees is solely the Client’s responsibility. FITSW may offer suggestions regarding any rules, regulations and fees. The Client is solely responsible for payment of any fees or penalties charged by the Event venue management.
Images and Copyrights
Photographs/Images/Videos produced by FITSW are protected by Federal Copyright Law (all rights reserved). Upon final payment in full, the Client is entitled to use or display resulting photographs/images/videos for personal use. Photographs/images/videos shall not be altered or reproduced in any manner without FITSW’s prior written permission. The Client must obtain prior written permission from FITSW for selling or publishing the photographs/images/videos. If The Client uses FITSW produced images or video in any social media environment, accompanying credit must also be given to FITSW. FITSW reserves the right to select the photographs or video to be deleted for any reason in its absolute discretion. FITSW will deliver the quantity of images and/or video outlined in the package selected at the time of this agreement, and is not required to release any further images or video without prior written agreement between the Client and FITSW.
The Client grants to FITSW and its successors and agents, 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 or medium; to alter the same without restriction; and to copyright the same. The Client hereby releases FITSW, and all associates, employees, assigns, and representatives from any and all claims, actions, demands, suits, liabilities, damages, expenses and obligations of any kind arising from, or related in any manner to FITSW’s use of said images.
Retainer and Payment Schedule
25% of the final total is due at the acceptance of this agreement. This is a non-refundable deposit. Should the Client cancel or otherwise breach this agreement, this non-refundable deposit shall be forfeited to FISW as liquidated damage. The Client shall also be responsible for payment of any materials/charges incurred by FISW up to time of cancellation. Otherwise, the deposit shall be applied to the final total, with the balance of the final total to be paid in full prior to, or on the date of the Event. No photographs or video of the Event will be prepared for editing, nor will any images or video be released in any manner, until final total has been paid in full.
Limit of Liability
In the unlikely event that a photographer and/or videographer is injured, ill, or has an emergency that prevents photographing or filming the Event, FITSW will make every effort to secure a suitable replacement photographer or videographer. If in the extremely unlikely event that a suitable replacement is not found, the Client agrees that the liability of FITSW to the Client is limited to the return of all payments received for the Event. FITSW takes the utmost care in the exposure, storage and processing of photographs/images/video, but cannot guarantee that the photographs/images/video of the Event will not be lost, stolen or destroyed for reasons beyond the control of FITSW. If such occurs the Client agrees that the liability of FITSW is limited to the return of all payments received for the Event. The Client further agrees that the limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the estimated percentage of the number of original images.
Images and video should be ready for proofing within 4 weeks following the Event date. Final images can be expected within 10 weeks. Final video can be expected within 3 months. Printed items or albums may require more time. All images and videos delivered to The Client are final. Should any changes or edits be requested by The Client after delivery, FITSW may make such changes or edits but at an additional cost to The Client. An estimate of this cost will be provided to The Client for approval, and payment in full must be made prior to making any changes.
Album images are chosen by FITSW. Once selected, the design may be viewed by the Client for final approval. Minimum changes may be made at that time, but no changes may be made after final approval. Changes in more than 10% of pages may incur additional charges.
I hereby agree to the terms of this agreement.