TERMS of SERVICES
Our Photography / Video / Audiovisual Terms of Contract
We hereby express to our clients that they grant us the irrevocable right and permission, throughout the world, in connection with the photographs they have taken, or in which our clients may be included in with others, the following: (a) the right to use and reuse, in any manner at all, said media, in whole or in part, modified or altered, either by themselves or in conjunction with other media, in any medium or form of distribution, and for any purpose whatsoever, including, without limitation, all promotional and advertising uses, and other trade purposes, as well as using client’s name in connection therewith, if they so desire; and (b) the right to copyright said media in our name or in any other name that we may select. Our clients waive the right to inspect or approve any use thereof. Our clients hereby forever release and discharge us and our authorized and/or subcontracted photographers, videographers, technicians from any and all claims, legal actions and demands arising out of or in connection with the use of said media or services, including, without limitation, any and all claims legal or not towards any affiliate and/or photographer, videographer, technician and/or Bill Carroll for whatever reason at any time after the signing of our clients agreement whether services have been performed or not.
Our clients confirm that they have the right to enter into our Agreement, that they are not restricted by any commitments to their parties, and that we and our representatives have no financial commitment or obligations to our clients or their respected parties also contracted for their event for different or similar services.
Our clients hereby give all clearances, copyright and otherwise, for use of their name likeness, image, appearance and performance embodied in such media taken of them. Our clients expressly release and indemnify us and our affiliates, sub-contractors, representatives, agents, consultants, creators and designees from any and all claims known and unknown arising out of or in any way connected with our clients signed agreement and the above granted uses and representations. The rights granted us and our services stated in our clients contract are perpetual and worldwide. Cancellation or failure of our clients to comply with their contract at any time after the signing of their agreement will result in full contract restitution being made for loss of date. If any negative claim (verbal or written) against pictures taken or toward us and/or our representatives shall arise, any and all materials used to display, hold, print any and all media and the media themselves original or copied may have to be returned to us upon receipt of any kind of claim if paid for or not due to Title 17 of the US Copyright Code. In the circumstance that lawful means need to take place at any time for any violation of any section of our clients contract towards us, client agrees to pay in full all fees incurred including but not limited to any court costs, legal fees, travel expenses, loss of wages and full contract restitution will be made to us if such means are warranted. If cancellation of event is concluded from the result of a natural occurrence, including but not limited to inclement weather or death of immediate family or for circumstances beyond the control of our clients, the deposit made will be held and applied to the same rescheduled event for a period of 6 months of cancellation date only at the discretion of us.
The client accepts to pay in full any damages that may occur to our equipment that results from any and all negligent circumstances, to include but not limited to, intoxicated or disorderly conduct of anyone on the premises of the event, any damages due to weather or area conditions, natural occurrences, unauthorized use of equipment used for services or for any reason whatsoever. Our clients understand and agree that if in fact at any time after the signing of your agreement if he or she or anyone in direct or indirect contact with said services is disorderly and/or abusive in any manner towards any representative of us at any time after the signing of your agreement and/or during the party/reception contains a person or persons, guest or not, which are disorderly and/or abusive in any manner, we reserve the right to; a) if during event: dismantle and vacate the premises with full contract restitution being made for services provided. Our clients will be notified of such case before any decision is made by representative; and/or b) cancel any and all written contracts, agreements, services, additional services and addendums at any time between our clients and a representative(s) of us after full restitution has been made; and our client forfeits the deposit(s) and/or any and all payment(s) made for services contracted. Our clients contract after full restitution has been made will become satisfied and completed with no other services provided.
All monies paid for is for services ONLY and not for any product unless otherwise stated in official proof ordering sheet provided at time of proofs accompanied by full payment for additional product. Any product stated that shall be received by our clients that is printed with their contract in hand written and/or electronic ink form, shall be offered and delivered with no dollar value. Any hand written product additions to our client’s contract will be paid for above and beyond said contracted services amount, above and beyond what the contract states in “electronic ink” form. If any provision of our clients Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any section or stipulation of their Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Photography: Pre-Wedding Portrait may include color and/or black & white version for announcement publication. Pre-wedding photos are NOT pre-engagement photos as pre-engagement photos may be contracted separately and be taken at an earlier photo shoot planned above and beyond what is stated in our client’s contract for services ONLY on day of event. Cocktail hour portraits may include formal photos of wedding party, parents and bride/groom. Reception photos may include all rituals (garter, cake cutting, parent dances, etc.) table shots, dancing, etc. All proofs will consist of digital photos. A minimum of 200 pictures will be taken for photography services during your event. This does not mean that you will receive any specific number of pictures after the event.
Packages offered include consultation with client to fully comprehend any direction and/or special duties that the photographers, videographers, technicians may need to provide. Final delivery of media may take up to 36 weeks after wedding day.
Package ordering must be made within 30 days of proof delivery or client forfeits any photographs and all pictures/books/prints ordered after the 30 days will have to be re-purchased. We do not guarantee number of pictures taken to be the number of proofs given.
At any time we are not responsible for any of the media taken nor the condition of digital files after delivery to our clients. Photographers, videographers, technicians do NOT guarantee outcome of any and all media taken including but not limited to under/overexposed media, red-eye, blurred and/or out-of-focus, off center shots, eyes shut, etc. Our clients agree to accept media as is with no warranty and/or guarantee of any kind. Any and all ordered re-touched media have to be identified and explained after proofs have been inspected so proper and desired changes may be given to said media. Any product that contains such media also comes with no guarantee of any kind. We do NOT print photo books in-house and out-source them and the outcome of these books have no guarantee of any kind. Our clients accept the condition and outcome of media printed in books regardless of condition of printed media. The prints that you choose will be the exact same pictures/digital files that will be printed. Once photo(s) is/are chosen after inspection of proofs, then that said photo(s) will be printed to the condition that you accepted and have chosen. Amount of pictures chosen will remain the same but the types of materials used may change at any time without reason or notification and our clients fully accept this and understand. Our clients and anyone affiliated with undersigned waives the right to inspect or approve or change the outcome of all photos taken. We reserve all rights to change or enhance all or any of the photos taken without written or any approval of our clients. We reserve all rights to add addendums at any time without written or any approval to our client’s contracts.
We offer the convenience of taking cash, personal checks (State of VA only), business checks or VISA/Mastercard **. ***All payments will be made out to Bill Carroll for all consultants fees and payments for potential sub-contractors. $50.00 return check fee. ** The agreement of the photographers, videographers, technicians to perform is subject to proven detention by illness, accident or any other legitimate conditions beyond their control. If so the deposit made will be refunded to our clients if no replacement photographer, videographer, technician can be provided. Representatives of ours are NOT affiliated with any other company or persons that also may be contracted for different, similar or same services for your event. Our client’s contract is binding ONLY between them and representatives of us. We will not be held liable for delays beyond the contracted start time of service by the result of our clients, their guests, another vendor, caterer, natural occurrence or whomever. Ending time will remain the same as stated in our client’s contract unless overtime is added at $100.00 per additional hour or any part thereof. If photography/videography services are contracted as an additional service to other services then our clients agree in fact that photography/videography services are an additional service included in the price of the other service(s) and are NOT paid for exclusively and have no dollar value. If so, the stipulations of our client’’ contract for photography/videography services are still in full effect and are valid as stated herein and are enforceable. Our client’s signature also complies and applies to any and all attached contracts for other services that they may have ordered. Monies paid for is for services on the contracted day(s) only and not for any material, product, or form of media of any kind during or after event date. We also ask that you please extend the courtesy of a meal for our photography staff during the contracted event.