Wedding Contract
WEDDING EVENT PHOTOGRAPHY and /or Videography CONTRACT
This Contract is entered into between MK-PIXELS, including its employees, contractors, and officers (hereinafter referred to as "Photographer" or "Photographers"), and the Client as specified below (hereinafter referred to as "Client"). This agreement pertains to the wedding event detailed below (hereinafter referred to as "Event"), scheduled to take place on the date first listed below.
Service Provider’s Responsibilities
MK PIXELS agrees to perform professional photography and videography services ("Services") for the Client at the specified Event. Services will be conducted in a manner consistent with industry standards. The Service Provider may employ one or more assistants. While every effort will be made to capture specific images and footage requested by the Client, the Service Provider is not responsible for interference caused by guests, other vendors, or uncontrollable factors at the Event. Delivery of specific shots cannot be guaranteed due to limitations such as participant behaviour, weather conditions, and venue restrictions.
If the Service Provider encounters (i) unsafe conditions or (ii) illegal or objectionable acts at the Event, they reserve the right to take necessary action, including leaving the Event. In such cases, no refund of fees paid by the Client will be issued.
2. Deposit/Payment. A non-refundable deposit (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due upon execution of this agreement, at which time Photographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 11). Remaining payments of the balance due for the Services shall be made as set out in the Payment Schedule. In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), to attend the Event or to supply images.
3. Copyright. All photographs taken by Photographer at the Event, in whatever form,are copyright protected. Photographer will allow reproduction and publishing for personal use (eg. wall hangings at home, facebook, blogs), but any sale or publication for profit without Photographer’s express written permission is a violation of federal copyright law. Photographer retains Copyright in all images taken at the Event. This clause shall survive the Term.
4. Term. The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the final, Client-approved album layout (“Album”) to the Client, unless terminated earlier as provided herein.
5. Event Changes. Photographer must be notified immediately of any changes in schedule or location, at least 7 Days in advance of the scheduled Event date. If Client notifies Photographer by phone, a written (i.e. email)confirmation must be sent within 2 days of such notification. If the date of the Event changes, and notice is not given the period specified above,then Photographer shall be entitled to the retainer amount as liquidated damages for having to reschedule the event. The retainer amount will need to be repaid upon booking the new date, subject to Photographer's availability.
6. Cancellation. Upon acceptance of these terms and payment of the retainer, Photographer shall commit to attending the Event on the specified date, and shall make no other reservations for that date. If Client cancels the Event entirely, then Photographer shall not be required to repay any of the payments made by Client. The client is not entitled to a refund on change of mind - No change of mind refunds will be accepted by the photographer.
7. Additional Charges - Travel Expenses
The Client agrees to cover all travel-related expenses incurred by the Service Provider, including fuel, tolls, and parking fees, to attend the Event. These charges are calculated based on a 2000 CC sedan vehicle for fuel costs and will be invoiced to the Client after the Event. Payment is due alongside the final payment as detailed in the Payment Schedule.
Delivery Timelines
Photo Album Selection: After receiving the online album, the Client has 60 days to make photo selections. If selections are not made within this timeframe, a $200 fee will apply to reopen the album for another 60 days. After one year without selection, the studio is not obligated to provide a complimentary album, even if included in the package.
Print Album Review: Upon receiving the album review link, the Client has 30 days to provide feedback or approval. Absence of feedback within this period will be considered as automatic approval, leading to printing and delivery.
Video Review Process: The Client is entitled to one round of video revision requests. After receiving the initial video, the Client must submit any change requests within 30 days. The Service Provider retains artistic freedom in editing, and changes will be made only if they do not compromise the artistic representation of the video. Should the Client request further changes beyond this single round, a fee of $250 AUD will apply for each additional change request.
The final album and video shall be delivered within 90 days of final Client approve.
Long Video. Inclusions, the photographer will
1. Full Ceremony
2. All Speeches
3. First Dance
4. Random shoots of Venue, Guests, Dance floor
8. Price Protection. Photographer warrants all prices quoted for Event images are valid for a period of 6 Months following the Event. Orders placed after such period are subject to Photographer’s published pricing at the time of the orders’ placement.
9. Model Release. Client hereby agrees that Photographer may reproduce, publish,exhibit, and otherwise use images from the Event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images.
10. Force Majeure. If Photographer is unable to attend Event due to fire, flood,casualty, strike, civil disturbance, war, terrorism, Photographer’s sickness, or other acts of God beyond the parties’ control, then Photographer shall return all money paid by Client (including any retainer), and this Agreement shall immediately terminate.
11. Jurisdiction. The state and federal courts serving New South Wales, Victoria and Queensland, Australia shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties here to consent to the jurisdiction of such courts.
12. Solicitor’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed there under, shall be entitled to recover reasonable solicitors fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.
13. Assignment. This Agreement may not be assigned.
14. Indemnification. Client hereby acknowledges that Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Photographer harmless for the impact such restrictions may have on the final product.
15. LIMITATION OF LIABILITY. PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.
16. Event Meals & Travel Charges
The Client agrees to arrange with the caterer for meals to be provided to the Photographer and one assistant (if applicable) at the Event. If meals are not provided, a charge of $50 per person will be invoiced to the Client following the Event.
The Photographer will charge the Client for any relevant parking fees and toll charges incurred for attending the Event, as follows:
Parking Fees: Applicable at Event venues and photoshoot locations.
Toll Charges: Applicable from the Studio to the Event location and between multiple Event locations, if applicable.
Additionally, a Fuel Charge will apply if the Event location is more than 60 kilometres from Sydney, Brisbane, Melbourne CBD (Not applicable to Fly in locations outside of these cities). This charge will be calculated based on fuel costs for a 2000 CC sedan vehicle and invoiced to the Client after the Event
17. Choice of Law. This Agreement shall be governed by the laws of the State of NSW, Victoria, and Queensland notwithstanding its conflicts of laws provisions.
18. Waiver/Miscellaneous. This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during, or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.
19. Protection of Deliverables/Retention of Files. Photographer shall take all reasonable steps to protect the images that are recorded at the Event until such time as the Album is delivered to Client. Once the Album has been delivered, Photographer shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored.
20. Promotion. I/we hereby give permission for Photographer to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing.
Raw Media Clause
If the Client opts to purchase raw, unedited photos and/or videos (“Raw Media”), or if MK-Pixels provides such Raw Media for any reason, it shall be considered as an exception and a favour in good faith. This is not a standard practice and is subject to the terms and conditions outlined below. This also applies to any purchased Raw Media provided by MK-Pixels.
Publication and Attribution:
The Client agrees not to publish or share the Raw Media online or offline in any manner that attributes them to MK-Pixels' work.
The Client may publish the Raw Media as their own or without attribution, but MK-Pixels must not be tagged, credited, or associated with the photos or videos.
Vendor Tagging:
The Client is strictly prohibited from tagging any vendors (e.g., makeup artists, florists, stylists) in connection with the Raw Media when publishing or sharing them online or offline.
The Client is free to share the Raw Media with guests for personal use, provided no vendors are tagged or credited.
Reviews and Feedback:
The Client agrees not to provide any online or offline reviews or feedback about MK-Pixels' services after receiving the Raw Media. This condition reflects that the Photographer’s final work is incomplete in raw format and not representative of their standard.
Acknowledgment
The Client acknowledges that MK-Pixels does not share Raw Media as part of its standard services. The provision of Raw Media in this case is an exception, made as a goodwill gesture.
The Client further acknowledges that Raw Media does not represent the final quality, style, or vision of MK-Pixels’ work.
Indemnity The Client agrees to indemnify and hold harmless MK-Pixels from any claims, damages, or disputes arising from the publication, distribution, or use of the Raw Media.
Confidentiality The terms of this Agreement and the Raw Media provided are confidential and may not be disclosed to third parties without written consent from MK-Pixels.
Breach of Agreement Any breach of the terms outlined in this Agreement may result in legal action and the forfeiture of any goodwill extended by MK-Pixels in providing the Raw Media.
Governing Law This Agreement shall be governed by and construed in accordance with the laws of the state of [State/Country].
Entire Agreement This Agreement constitutes the entire understanding between the parties concerning the provision and use of Raw Media and supersedes all prior agreements, representations, and understandings.