Elopement Wedding Agreement

Wild Hearts Collective is going paperless!

BY AGREEING TO THESE TERMS, OUR CLIENTS ARE LEGALLY BOUND TO THIS CONTRACT. IF YOU HAVE ANY QUESTIONS ABOUT ANY SECTION OF THIS CONTRACT, PLEASE COPY AND PASTE SECTION INTO AN EMAIL, AND SEND IT TO US (WILDHEARTSCOLLECTIVE.COM@GMAIL.COM). ALTERNATIVELY, YOU CAN CALL VICTORIA AT 604-600-4483 TO GO OVER THE DETAILS!

 

RETAINER AND PAYMENT

UPON SIGNATURE, THE PHOTOGRAPHER RESERVES THE TIME AND DATE AGREED UPON, AND WILL NOT MAKE OTHER RESERVATIONS FOR THAT TIME AND DATE. FOR THIS REASON, THE CLIENT SHALL MAKE A $500 NON REFUNDABLE RETAINER PAYMENT TO BOOK THE DATE WITH PHOTOGRAPHER. THIS RETAINER PAYMENT IS NON-REFUNDABLE, EVEN IF THE DATE IS CHANGED OR THE EVENT IS CANCELLED FOR ANY REASON, INCLUDING ACTS OF GOD, FIRE, STRIKE AND EXTREME WEATHER. THE RETAINER FEE IS APPLIED TOWARDS THE PHOTOGRAPHY PACKAGE UPON COMPLETION OF THIS CONTRACT. THE CLIENT(S) UNDERSTAND AND AGREE THAT THE ENTIRE AMOUNT OWED FOR THE PHOTOGRAPHY PACKAGE DESCRIBED IN THIS CONTRACT IS DUE ON, OR BEFORE ONE WEEK BEFORE THE WEDDING (UNLESS OTHERWISE SPECIFIED).

CANCELLATION

IF THE CLIENT SHOULD CANCEL THE EVENT FOR ANY REASON, THE PHOTOGRAPHER AGREES TO REFUND ALL MONEY PAID, EXCLUDING THE RETAINER FEE. IF CANCELLING THIS CONTRACT, THE CLIENT MUST NOTIFY THE PHOTOGRAPHER IN WRITING AS WELL AS SIGN CANCELLATION CONTRACT PROVIDED BY WILD HEARTS COLLECTIVE. IF THE CLIENT NEEDS TO CHANGE THE EVENT DATE ALL MONEY PAID WILL TRANSFER TO THE NEW DATE PER A NEWLY WRITTEN AND SIGNED CONTRACT IF THAT DATE IS AVAILABLE FOR THE PHOTOGRAPHER. THE NEW DATE MUST BE WITHIN SIX MONTHS OF THE ORIGINAL DA OR THE NEW CONTRACT WILL BE SUBJECT TO THE PHOTOGRAPHER'S CURRENT RATES. IF THE NEW DATE IS UNAVAILABLE WITH THE PHOTOGRAPHER, THE CONTRACT WILL BE CANCELLED AND THE RETAINER WILL NOT BE REFUNDED.

LIMITATION OF SERVICES

THE PHOTOGRAPHIC SERVICES DESCRIBED HEREIN SHALL BE LIMITED TO NO MORE THAN 8 HOURS OF COVERAGE. ADDITIONAL
TIME, IF REQUESTED, WILL BE BILLED AT $300 PER HOUR AND MUST BE PAID IN FULL PRIOR TO THE CLIENT’S RECEIPT OF WORKS. A MEAL IS REQUIRED FOR THE PHOTOGRAPHER(S) FOR EVENTs 4 HOURS OR LONGER. IF NO MEAL IS PROVIDE, IT IS UNDERSTOOD THAT THE PHOTOGRAPHER WILL REQUIRE A BREAK TO LEAVE THE EVENT AT SOME POINT TO PURCHASE A MEAL. THIS CONTRACT IS NOT TO BE CONSTRUED AS AN EMPLOYMENT AGREEMENT IN ANY WAY. THE PHOTOGRAPHER FUNCTIONS AS AN INDEPENDENT CONTRACTOR.

LIABILITY OF PHOTOGRAPHER

ALTHOUGH THE UTMOST CARE WILL BE TAKEN, THE PHOTOGRAPHER MAY BE UNABLE TO DELIVER THE PHOTOS DUE TO UNFORESEEN CIRCUMSTANCES SUCH AS FIRE, ELECTRONIC ERROR, ACT OF GOD, ILLNESS, OR ANY OTHER CAUSE BEYOND THE CONTROL OF THE PHOTOGRAPHER. IN THIS CASE, THE PHOTOGRAPHER SHALL either find a replacement photographer or RETURN ALL MONEY PAId (minus the retainer) AND HAVE NO FURTHER LIABILITY WITH RESPECT TO THIS CONTRACT. THIS LIMITATION OF LIABILITY SHALL ALSO APPLY IN THE EVENT THAT PHOTOGRAPHIC MATERIALS ARE DAMAGED IN PROCESSING, LOST THROUGH CAMERA OR MEMORY CARD MALFUNCTION, OR OTHERWISE LOST OR DAMAGED WITHOUT FAULT ON THE PART OF THE PHOTOGRAPHER. IN THE EVENT THAT THE PHOTOGRAPHER FAILS TO PERFORM FOR ANY OTHER REASON, THE PHOTOGRAPHER SHALL NOT BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE VALUE OF THE CLIENT'S CONTRACT PRICE STATED HEREIN. ALTHOUGH ALL EQUIPMENT IS CHECKED REGULARLY AND REASONABLE STEPS ARE TAKEN TO ENSURE BACKUP EQUIPMENT IS AVAILABLE, THE PHOTOGRAPHER WILL NOT BE RESPONSIBLE FOR PHOTOGRAPHS THAT ARE NOT PRODUCED DUE TO TECHNICAL FAILURE, EITHER AT THE SHOOTING OR PROCESSING STAGE.

ARTISTIC LICENSE

THE PHOTOGRAPHER’S JUDGMENT REGARDING THE LOCATION, POSEs, editing style AND NUMBER OF PHOTOGRAPHS TAKEN SHALL BE DEEMED CORRECT. PHOTOGRAPHS TAKEN DURING THE COURSE OF THE EVENT WILL BE AT THE DISCRETION OF THE PHOTOGRAPHER, ALTHOUGH EVERY EFFORT WILL BE MADE TO COMPLY WITH THE CLIENT’S REQUESTS. THE PHOTOGRAPHER SHALL ENDEAVOUR TO PHOTOGRAPH ALL INDIVIDUALS AS REQUESTED BY THE CLIENT AT SOME POINT, BUT NO RESPONSIBILITY WILL BE TAKEN BY THE PHOTOGRAPHER ON THE OCCASION OF LEAVING SOMEBODY OUT. THE PHOTOGRAPHER SHALL ALSO ENDEAVOUR TO CAPTURE ALL THE MOMENTS THROUGHOUT THE DAY AS THEY OCCUR. HOWEVER, BECAUSE OF THE FLUID NATURE OF THE EVENT, SOME MOMENTS MIGHT NOT BE RECORDED, OR NOT RECORDED FOR LOGISTICAL REASONS. FOR A BOOKING INVOLVING A CHURCH CEREMONY OR AT CERTAIN VENUES, THE PHOTOGRAPHER MOVEMENTS ARE SOMETIMES RESTRICTED BY THE OFFICIAL IN CHARGE. THE AREA FROM WHICH THE PHOTOGRAPHER IS ABLE TO COVER THE CEREMONY MAY NOT BE THE PHOTOGRAPHER’S CHOIC AND THE PHOTOGRAPHER CANNOT ACCEPT RESPONSIBILITY FOR ANY OBSTRUCTED VIEW SHOULD THIS BE THE CASE. THE USE OF ARTIFICIAL LIGHTING MAY BE RESTRICTED OR PROHIBITED. THE PHOTOGRAPHING OF PARTS OR EVEN ALL OF THE CEREMONY MAY BE RESTRICTED OR PROHIBITED. THE CLIENT(S) ARE STRONGLY ADVISED TO CHECK WITH THE APPROPRIATE OFFICIAL BEFORE BOOKING THE DATE AND SUBMITTING THIS CONTRACT.

EXCLUSIVITY

PHOTOGRAPHER IS HEREBY RETAINED AS THE SOLE AND EXCLUSIVE PROFESSIONAL PHOTOGRAPHER TO PERFORM PHOTOGRAPHIC SERVICES CONTAINED HEREIN. THE CLIENT SHALL TAKE ANY NECESSARY ACTION TO ENSURE THAT THE PHOTOGRAPHER IS NOT HINDERED NOR HARMED IN PERFORMING SERVICES FOR THE CLIENT. FAMILY AND FRIENDS WILL BE PERMITTED TO PHOTOGRAh AT THE WEDDING AS LONG AS THEY DO NOT INTERFERE WITH THE PHOTOGRAPHER’S DUTIES AND DO NOT PHOTOGRAPH POSES ARRANGED BY THE PHOTOGRAPHERS, DUE TO REASONS OF THE PHOTOGRAPHER DELIVERING THE QUALITY OF IMAGES AS EXPECTED. ANY BREACH OF THIS AGREEMENT CAN CONSTITUTE A REASON FOR NON-COMPLETION OF THE JOB WITH NO LIABILITY TO THE PHOTOGRAPHER.

TERMS AND CONDITIONS

THE COPYRIGHT LAW OF CANADA ASSIGNS THE COPYRIGHT OF THE IMAGES TO THE PHOTOGRAPHER, AND ALL IMAGES SHALL REMAIN THE SOLE PROPERTY OF PHOTOGRAPHER. THE PHOTOGRAPHER RETAINS FOR LIFE THE RIGHT TO DISPLAY ANY PHOTOGRAPH COVERED BY THIS CONTRACT AND TO GENERALLY PROMOTE THE BUSINESS IN: ADVERTISING, BROCHURES, MAGAZINE ARTICLES, WEBSITES, SAMPLE ALBUMS AND PRINTS, VENUE AND OTHER VENDOR SAMPLES, AND OTHER SUCH MATERIAL, PROVIDING THAT THE IMAGES USED ARE USED LAWFULLY AND WITHOUT DAMAGE TO THE CLIENT. THE PHOTOGRAPHER HEREBY GRANTS TO THE CLIENT, A LIMITED,
NON-EXCLUSIVE, NON-TRANSFERABLE, ROYALTY-FREE LICENSE TO REPRODUCE, DISPLAY AND/OR DISTRIBUTE THE IMAGES, PROVIDED THE CLIENT COMPLIES WITH THE CONDITION THAT ALL SUCH REPRODUCTIONS AND/OR DISPLAYS ARE NOT INTENDED FOR A COMMERCIAL VENTURE. 

TERMS AND CONDITIONS (CONT’D)

DUE TO A VARIETY OF LIGHTING CONDITIONS AND THE LIMITATIONS OF DIGITAL SENSORS, SOME COLOURS MAY ALTER THROUGHOUT A SET OF PHOTOGRAPHS. PLEASE NOTE THAT CERTAIN COLOURS DO NOT REPRODUCE EXACTLY IN PRINT. PRINTS MADE AT DIFFERENT TIMES, IN DIFFERENT SIZES, OR PRINTED FROM DIFFERENT PRINT LABS MAY BE VARIABLE IN COLOUR BALANCE. DUE TO THE LIMITATIONS OF COMPUTER MONITORS IT IS UNDERSTOOD THAT IMAGES MAY APPEAR DIFFERENTLY ACCORDING TO THE SPECIFICATION OF EACH MONITOR AND PRINTS WILL NOT NECESSARILY MATCH IMAGES RENDERED ON ANY PARTICULAR COMPUTER MONITOR. IN ORDER TO GUARANTEE PERFECT COLOURING ON PRINTS, CLIENTS CAN PURCHASE PRINTS (AT AN ADDITIONAL COST) THROUGH PHOTOGRAPHER.

GUARANTEED DELIVERY

THE PHOTOGRAPHER AGREES TO HAVE THE CONTRACTED ORDER FOR THE WEDDING PHOTOGRAPHS COMPLETED WITHIN 10 WEEKS, WITH SNEAK PEEKS DELIVERED WITHIN 5 BUSINESS DAYS.

By clicking 'I agree', you and your fiance are legally bound to this contract with Victoria of Wild Hearts Collective * *
By clicking 'I agree', you and your fiance are legally bound to this contract with Victoria of Wild Hearts Collective * *