WEDDING PHOTOGRAPHY & VIDEOGRAPHY CONTRACT AGREEMENT
1. Agreement Overview
1.1 - This agreement is between Patrick Nash Photography and Videography (referred to as “Photographer,” “the Photographer,” “Photography Company,” “Videographer,” or “the Videographer”) and the Client.
1.2 - This agreement constitutes a binding electronic contract between Patrick Nash and the Client.
1.3 - All payment terms and refund conditions are outlined in the Payment Schedule section of this agreement.
1.4 - All visual content, logos, and other media created by Patrick Nash are his intellectual property and are protected by copyright laws.
1.5 - No warranties are provided regarding the final product beyond those expressly stated in this agreement.
1.6 - The Client acknowledges that any links to external websites provided by Patrick Nash are for informational purposes only, and Patrick Nash is not responsible for their content or Terms and Conditions.
1.7 - All disclaimers related to unpredictable factors, including weather, apply as outlined below.
2. Handling of Client Information
2.1 - Client information will be collected solely for the purpose of this agreement and for any necessary communication related to the services. The information will be kept secure and will not be shared or sold to any third parties.
3. Age Appropriateness
3.1 - All services and content provided are intended for individuals aged 18 years and older. Patrick Nash does not display or create content involving nudity, making it suitable for all audiences.
4. Personal Information
4.1 - The data collected includes names, contact information, and any relevant details needed to perform the service. This data is handled with strict confidentiality, and clients can request updates or corrections to their information at any time.
5. Cookies and Website Use
5.1 - Our website uses cookies to enhance the user experience and track website performance. By using the website, clients agree to the use of cookies.
6. Changes to the Privacy Policy
6.1 - Patrick Nash reserves the right to update this privacy policy. Clients will be notified of any significant changes that affect how their data is handled or tracked.
7. Consultation
7.1 - The parties agree to a pre-event consultation to finalize the shooting times, locations, and deliver the client's request list for specific photographs.
8. Time Allocation & Requested Images
8.1 - The bride and groom agree to allocate enough time for all requested pre-wedding ceremony photographs, at least 30 minutes before the start of the wedding.
8.2 - Allocate 3 minutes per requested individual or group photo as a time guide.
8.3 - At least 30 minutes of time must also be planned after the wedding ceremony for photographs that could not be taken during or before the wedding.
8.4 - Patrick Nash will not be held liable if the late arrival of the bride, groom, or others prevents all the desired images from being taken.
9. Coverage, Availability, and Delivery of Images
9.1 - Patrick Nash will provide coverage for the dates, locations, and hours specified in the agreement.
9.2 - Additional travel or coverage hours may be added by agreement on the wedding day, but must be paid in full before any photos or products are released to the Client.
9.3 - Patrick Nash will make every reasonable effort to take the requested pictures but cannot guarantee all of them due to uncontrollable factors such as weather, light, time restrictions, and subject willingness.
9.4 - Patrick Nash will use his professional judgment and sole discretion to select which photos to deliver and will edit out any substandard or duplicated images. Such selection shall constitute all images that will be made available to the Client.
9.5 - Depending upon the package and agreement, a USB and/or permanent online gallery containing all edited photos will be delivered to the Clients within 4-8 weeks of the event.
9.6 - Depending upon the package and agreement, videos will either be delivered through an online link (available for 30 days) and delivered in a USB. All video will be backed up for (1) year, and available for download within 7 days of requested re-upload, the link will be available for 7 days from this request.
9.7 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT. For example, the PHOTOGRAPHER has no liability for failing to capture the bride throwing the bouquet. CLIENT is encouraged to provide a suggested photo list to PHOTOGRAPHER no less than 24 hours prior to the SHOOT to include photos that CLIENT would like PHOTOGRAPHER to shoot, but PHOTOGRAPHER has no liability for capturing any of the photos on the list.
10. Assignability and Parties of Interest
10.1 - CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub- contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.
11. Content Editing and Manipulation
11.1 - The high-resolution discs and/or proof sets may contain a mixture of color, black and white, and selective color images unless agreed upon before editing work.
11.2 - Limited color correction and/or retouching are included at Patrick Nash's discretion.
11.3 - All video projects will be delivered as a first draft, with one round of revisions included. As the client, we trust Patrick Nash to deliver an authentic representation of the special day, capturing moments as they naturally unfold. Should any content be perceived as inappropriate or not align with the client's preferences, it will be reviewed and removed as needed to ensure the final narrative meets the client's expectations.
11.4 - The client may request further changes (beyond the initial first draft) for an additional charge. Additional fees will vary based on the complexity of readjustments and changes made to the initially delivered video/videos.
11.5 - Patrick Nash is not responsible for prints not ordered directly from him and recommends ordering through a reputable lab for best results.
12. Privacy & Copyright
12.1 - As the author of all images made hereunder, Patrick Nash shall retain the copyrights in perpetuity, regardless of possession of the ownership of photographs, digital files, or any other format of reproduction. Client recognizes and agrees that Patrick Nash may reproduce, publish (including internet), exhibit, and otherwise use images created hereunder, without specific identification of persons or events, (1) as samples of work to be shown to prospective clients, (2) as samples of work to be displayed for marketing or competition.
12.2 - Under Australian Copyright Law, I understand that I hold the Copyright to my wedding photos as the commissioning client for the resultant creative work. However, I agree to transfer Copyright ownership over to Patrick Nash in exchange for ownership of the digital files and a non-expiring personal license to print, duplicate, and share our wedding photos.
12.3 - Patrick Nash will require my written consent before publishing any images from my wedding in the public domain (e.g., website, blogs, bridal magazines, social media etc.).
12.4 - I give permission to Patrick Nash to use images from my wedding in the private domain (i.e., as samples of work during in-person consultations, sample albums, for instructional purposes etc.)
12.5 - At any time, I may request Patrick Nash to take down any images from my wedding that had previously been allowed to be displayed in public and/or private domain.
Therefore, I acknowledge that Patrick Nash has one of the nicest privacy policies known to the wedding industry.
13. Illness/Injury and Unavoidable Events
13.1 - In the event of a fire, acts of God, illness, or injury of Patrick Nash, the photographer/videographer, all reasonable efforts will be made to find a suitable replacement to ensure the day is still captured. If no replacement can be secured, the photographer/videographer will return all fees to the client, but will have no further liability.
13.2 - This limitation on liability will also apply if the photographic materials are damaged, lost, or otherwise without fault on the part of Patrick Nash.
13.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. PHOTOGRAPHER will take reasonable steps to prevent data loss, but is not liable for loss of data due to technical failure.
13.4 - Patrick Nash's liability is limited to the amount paid under the contract, and an entire wedding cannot be replicated or re-enacted.
13.5 - In the unlikely event of Patrick Nash's cancellation, a suitable replacement photographer may be sought, and the client may terminate the agreement upon rejection with a full refund of all monies paid within 7 business days.
13.6 - CLIENT understands and agrees that PHOTOGRAPHER may have cords, light stands, and other gear at the location. CLIENT will hold PHOTOGRAPHER harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. CLIENT further agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.
14. Change of Date and/or Venue & Cancellation
14.1 - Upon signing of this agreement by both parties hereto, Patrick Nash will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable even if the date is changed or if the wedding becomes canceled for any reason. Cancellation must be made in writing, signed by the contracted party, and e-mailed/mailed directly to Patrick Nash.
14.2 - Upon acceptance of this agreement and initial down payment, a cooling-off period of two (2) business days is allowed for any change-of-mind. After this period, I accept that no refunds for change-of-mind will apply.
14.3 - Should the event be canceled, I agree to notify Patrick Nash at my earliest convenience. In certain situations, Patrick Nash may return any and/or all monies paid, subject to Patrick Nash’s discretion.
14.4 - Should the event be canceled within three (3) months of the wedding day, I understand that Patrick Nash may keep any monies paid as a result of declining other paid assignments.
15. Payments
15.1 - All payments are accepted in the form of cash, bank transfer, credit card, and cryptocurrencies (depending on the currency), with Bitcoin accepted.
15.2 - A non-refundable deposit of $1,000 is required to secure the booking and lock in the event date.
15.3 - Payment plans are available for up to 12 months, with the final payment required at least 30 days before the event date. The payment plan schedule will be outlined in the agreement to ensure timely payments.
15.4 - The final payment must be made at least 30 days before the event date. Failure to complete the payment within this timeframe may result in the cancellation of the booking, with no refund of the deposit.
15.5 - All fees and taxes are included in the total price provided in the agreement.
16. Meals / OHS / Breaks
16.1 - Patrick Nash (and contractors) will not remove their enclosed footwear for safety reasons. Unless a jumping castle requires this.
16.2 - I agree to instruct my reception venue to provide them with seating where Patrick Nash (and contractors) may store their equipment safely.
16.3 - I agree to feed Patrick Nash (and contractors) a delicious dinner meal complete with dessert. I will do my best to request that the meal will be served at the same time as my guests and maybe sneak in a slice of cake. If I cannot fulfill this requirement, I will let Patrick know 30 days in advance prior to the scheduled shoot day to organize food and drink for himself and his team members.
16.4 - I understand that Patrick Nash (and contractors) are humans who may require breaks from time to time. Therefore, I agree to allow them to, from time to time, gaze zombie-like into their smartphones whilst leaning casually against a beam/wall.
17. Disclaimers
17.1 - Patrick Nash is not liable for disruptions caused by weather, venue changes, or other factors on the wedding day.
18. Severability
18.1 - If any part of this Agreement is determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.
19. Amendment and Waiver
19.1 - This Agreement and each provision hereof may be amended, modified, supplemented or waived only by a written document specifically identifying this Agreement and duly executed by each party hereto or the authorized representative of such party.
20. Headings and Subheadings
20.1 - The clause headings in the agreement are for reference only and do not form a part of this agreement.