TERMS AND CONDITIONS

 

ENTIRE AGREEMENT: The person(s) whose signature(s) appear on this contract, known as “the CLIENT", agree that MOORE PIX PHOTOGRAPHIC, known as “the Photographer", shall provide services to photograph their wedding and related events to the best of his abilities, in the manner described in this document.  This is a binding contract which incorporates the entire understanding of the parties, and any amendments to this contract must be in writing, signed by both parties, and physically attached to the original agreement.  E-mail acceptance and electronic signatures will be considered legal and binding. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.

Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.

 

RETAINER AND PAYMENT: The Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation retainer equal to 50% of the total photography fee.  No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full no less than the event date.  In the event Client fails to remit payment as specified, Moore Pix Photographic shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend this event. Returned cheques will be assessed a $50 non-sufficient funds fee, and all future purchases/payments must be paid by Cashiers Cheque. Unless the contract is cancelled, the retainer fee shall be applied to the photography fee total. Titles to all goods remains with the photographer until paid for in full by the client(s)

 

METHOD OF REMUNERATION: Payment may be made in cash, credit card, certified cheque or e-transfer.

 

CANCELLATION: If for any reason the Client cancels this contract before the wedding date, Moore Pix Photographic will keep the retainer.  Cancellation must be made in writing, signed by the contracted party, and sent via Certified Mail by Canada Post Office or emailed with a digital signature. If the Client fails to supply written cancellation as specified before the wedding date or cancels within 30 days of the wedding date, the Client shall be required to pay the full balance due. If you cancel your retainer is forfeited and may not be applied to another session.  If you do not cancel and the photographer arrives at the location of the session you will be responsible for paying the remaining 50% balance.

 

RESPONSIBILITIES: Unless agreed upon in advance, Moore Pix Photographic shall be the exclusive photographer retained for the event.  Photographer may bring one assistant at his discretion. Video-graphers and other vendors as well as semi-professional photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions.  Wedding guests may take photos, but it is the responsibility of Client to prevent family and friends from interfering with Photographer's duties.  Photographer is not responsible for compromised coverage due to causes beyond his control such as other people's camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiate.  Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage.  Client agrees to confirm the schedule two-weeks prior to the event and to send the Photographer a copy of the invitation prior to the wedding.  Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up email for documentation.  If email is sent, confirmation of receipt must be obtained.  The Client will be responsible for (or have someone designated for the responsibility of) a ‘Portrait’ shot list of the various combinations of people of whom photographs are desired.

 

EVENT GUIDE: The Client will be responsible for (or have someone designated for this responsibility) identifying people and or objects of whom or which specific photographs are desired. Moore Pix Photographic will not be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).

 

PHOTO COOPERATION: In the event that the family and or guests are taking photos, Moore Pix Photographic is not responsible for obstructed photos or photos ruined due to separate flashes going off or due to any other behaviour from guests. Moore Pix Photographic is not responsible for obstructed or ruined photos due to activities by other vendors and venue staff.

 

FAILURE TO PERFORM: If Moore Pix Photographic is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then the Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, the Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.

This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.

 

LIABILITY: If the Photographer or his agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if he cannot provide another competent professional, all money received by the Photographer, minus expenses, will be returned to the Client, and the Photographer shall have no further liability with respect to this agreement.  This limitation of liability also applies to any loss and or damage of photographs or failure to deliver photographs for any reason.  Liability for a partial loss of photographs shall be pro-rated based on the percentage of total.  The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by the Client under this Agreement during the time preceding the date on which such liability arises.

It is understood that it is the Client’s responsibility to inform the Photographer by email for any date or location changes. Moore Pix Photographic is not liable for any claims for messages sent by mobile text messages or social network websites.

The Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But the Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).

It is Client’s responsibility to take care of the children; Moore Pix Photographic will not accept any responsibility due to any accident to children or damage to public or private properties during the photo shooting or consultation session.

The Client will indemnify, defend, and hold harmless, the Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from the Client’s use of any Image(s).

The Photographer is not responsible for obtaining model, property, trademark, copyright, or any other, releases in connection with the Image(s) unless specifically stated in this Agreement. It is the Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.

In any event, the Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.

 

PHOTO FILES: Upon receipt of digital photo files, the Client accepts all responsibility for archiving and protecting the photographs. Moore Pix Photographic does not permanently archive image files. The Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided.  It is the Client's responsibility to make sure that digital files are copied to new media as required.

 

PRICING: Services or merchandise not included in this initial contract will be sold at current price when an order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the Photographer.  All print and or album credits and sessions must be used within 6 months of web gallery posting or Photographer may substitute a product of reasonable value to fulfill any outstanding credit balance.

 

HARASSMENT: Ensuring the appropriate behaviour of all guests and other persons at the wedding and other events covered by Moore Pix Photographic shall be the responsibility of the Client.  In the event the Photographer or his employee experiences any inappropriate, threatening, hostile or offensive behaviour from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offence: a verbal warning will be issued to a family member of the client; second offence: the offending person will be required to leave the wedding or event; third offences: the Photographer will end wedding coverage immediately and leave the event, the Photographer shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.

 

RESCHEDULE: In the event that the Client reschedules the wedding and the Photographer is able to rebook the original wedding date, the Client will receive credit for all monies already paid. A new contract may be required.  The new package price will reflect pricing in effect when the date change occurs. In the event that the Client reschedules the wedding and the Photographer is not able to rebook the original wedding date or event date, the Client forfeits the retainer but will receive a credit for all other monies paid.  Credit may be applied to wedding coverage within one year of original date provided the Photographer is available.

 

GUEST COOPERATION: The Client is responsible for the conduct of their guests. The Client will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the Photographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. The Client should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the wedding day should be planned to make the best use of time from all vendors.

In the event that the family and or guests are taking photos, Moore Pix Photographic is not responsible for obstructed photos or photos ruined due to separate flashes going off or due to any other behaviour from guests. Moore Pix Photographic is not responsible for obstructed or ruined photos due to activities by other vendors and venue staff.

All the communications with the Photographer or the Studio shall be made in English and in Writing (Mail or Email).

 

EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that Moore Pix Photographic will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guest’s cameras may ruin shots taken by Moore Pix Photographic, The Client acknowledges that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer are in session. Moore Pix Photographic suggests that a separate notice be placed in the invitations. The formal photography time is for the exclusive use of Moore Pix Photographic to capture the formal wedding portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted. Moore Pix Photographic will allow guests to take snapshots during the processional and recessional, during candid events at the church, and at the altar during the time Moore Pix Photographic equipment is being packed up. In return for this consideration Moore Pix Photographic insists no other guest photography take place when or where Moore Pix Photographic is working. No other guest/photographer using professional equipment will be allowed by Moore Pix Photographic at any time during the wedding, portraits or event. Moore Pix Photographic reserves the right to stop any photography services paid for and leave the function should any other person take photographs with any professional equipment – with the deposit being forfeit.

 

MEALS: The photographer(s) will be allowed one 20 minutes break at their own discretion, and bathroom breaks when necessary. Any photography sessions lasting more than 5 hours where no meals are provided, the Photographer(s) reserves the right to go of-site for a meal for 45 minutes.

 

PERFORMANCE: The performance of this contract on behalf of Moore Pix Photographic shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and or conditions beyond its control.

 

FAILURE TO PERFORM: If the Photographer is unable to supply his photography services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then the Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, the Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Moore Pix Photographic will not be responsible or liable for any other damages beyond the amount of this Agreement.

This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of the Photographer.

 

NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, portrait or event, Moore Pix Photographic cannot place an unconditional guarantee on the above. Moore Pix Photographic will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of Moore Pix Photographic’s control.

Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer(s) will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather an the availability and willingness of subjects.

For a booking involving a church ceremony or at certain venues, the Photographer's 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 choice and the Photographer cannot accept responsibility for any obstructed view should this be the case. 

Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. 

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.

 

HIGH-RESOLUTION PHOTOS: Images deliverable in High-Resolution (or known as High-Res) are 300DPI with 3000 Pixels in the longest edge.

Moore Pix Photographic is committed to providing high quality services. Unless otherwise specified, the Photographer may deliver, and the Client agrees to accept, the Image(s) encoded in an industry-standard data format that the Photographer may select, at a resolution that the Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.

The Photographer uses cameras and monitors that are cooler calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.

It is the Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, the Photographer’s sole obligation will be to replace or repair the data, but in no event will the Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.

All editing is done at the Photographer’s discretion. The Photographer reserves the right to refuse any additional edits requested.  Some images may only be produced in colour or black and white at the artists discretion. If the Client(s) wish to request additional editing of images this is done at a separate fee starting at $50 per image.

Moore Pix Photographic keeps client files for up to 2 years after the photography session, and is not liable for any claims after this period. All client files will be deleted and backups will be purged after this period.

 

IMAGE PROCESSING: All deliverable images as per contract will have standard image editing (including: contrast, brightness and colour adjustments). Any extra edits requested by the Client will cost the Client $50 per image if accepted by the Photographer. Extra image adjustments including: change the size of the body or parts of the body, replace parts of the body from another image, change the colour of parts of the body, extra skin retouch, replace or swap background. It is also understood that unless hair and makeup is included in the contract, the Photographer is not responsible to fix hair or skin, or makeup problems.

It is understood that the Photographer is not responsible to fix photos to cover parts of your body that you do not wish to be seen in the photo, unless it was confirmed with the Moore Pix Photographic in writing.

It is understood that if a technicality prevents Moore Pix Photographic from performing requested image manipulation, or if a technicality prevents the final result to meet the Client’S requirement, the Client will reside with the fact that Moore Pix Photographic has performed to its best ability with regard to the specific task and that Moore Pix Photographic has no further responsibility towards said image manipulation.

 

ARCHIVING DIGITAL FILES: While Moore Pix Photographic may choose to archive the Image(s), it is the Client’s responsibility to properly store and archive the Image(s) for the duration of the term of license. The Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to the Client.

The Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. The Client hereby releases the Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by the Photographer becoming unusable.

Any requests for the Photographer to reproduce images that were already delivered will incur a $100 processing fee. 

 

IMAGES LICENSED AND ARE NOT SOLD: The Client understands and agrees that it is not buying the Image(s) but is paying only for a licence to use the Image(s) as specified on this Agreement. Note that buying the copyright to the Image(s) will always be much more expensive than any licensing fee.

The term of licence begins from the date Moore Pix Photographic receives full payment of invoice and upon delivery of images.

Unless otherwise agreed, any rights granted are always non-exclusive, non-sub-licensable and non-transferable. Any Image(s) may not be used in a logo, corporate identity, trademark or other service mark.The use of any Image(s) by the Client will not constitute a work of joint authorship.

Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of the Photographer.nUnless otherwise agreed, the Photographer retains the right to use the Image(s) for his self-promotion.

 

MODEL RELEASE: This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes.  The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Moore Pix Photographic.  The Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith.  This release is binding on the Client, their legal representatives, heirs, and assigns.

The Client(s) hereby allow(s) the Photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.

 

COPYRIGHT: All photographs taken by Moore Pix Photographic are his property, will remain his property and are protected by Canadian Copyright Act (Section 3(1)).  The Client hereby waives any claims for ownership, income, editorial control and use of the images.

 

REPRODUCTION: The Client agrees to purchase prints directly from the Photographer unless in possession of high resolution digital files. If high resolution digital files are purchased, a written release will be supplied with those files.  The release grants the Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published. The Client further agrees not to supply images to any third parties (including vendors associated with the wedding or album designers).

 

COMPLETION SCHEDULE: Digital processing takes approximately 3 weeks. Creation of a wedding album takes 6-10 weeks, enlargements 1-2 weeks or possibly longer when laboratory and bindery schedules are heavy.

 

PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the wedding date in order to finalize the actual shooting times and locations. Online consultations with Moore Pix Photographic are free of charge and in person consultation is available for a fee of $100 for a forty minute consultation.

 

SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties involved. The Client and Moore Pix Photographic agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, MOORE PIX PHOTOGRAPHIC will not be held liable for any photographs not taken. Additional time beyond the specified time agreed upon as per wedding packages, portraits and events services will incur additional charge based upon 1 hour increments and $150 per each additional hour.

 

90 MINUTE WINDOW: The bride and or groom agree to set aside at least 30 minutes before the commencement of the wedding ceremony and a 60 minute time frame afterward for photographs that cannot be obtained during the ceremony or reception. The 60 minutes following the ceremony includes group photographs. If either the bride’s or groom’s late arrival (or any other reason outside of the photographer’s control) prevents this 90 minute window from occurring, Moore Pix Photographic shall not be held liable for failure to take desired photographs.

 

COVID 19: I agree that by participating in wedding, portrait and event photography sessions, the Client is voluntarily assuming all risks related to COVID-19, including exposure and contracting COVID-19. The Client further agree that they shall not hold Moore Pix Photographic, or its photographic partners and venues liable for any damages, loss, or injury related to COVID-19, including exposure to or the contracting of COVID-19.

COVID-19 policies are subject to change as per the Government of Canada's discretion and or the guidance of local public health authorities. All attendees will be required to adhere to COVID-19 guidelines and mandates set by the Government of Canada and or local public health authorities. At our sole discretion, and without refund, Moore Pix Photographic also reserve the right to expel from the wedding, portrait or event photography, and any associated photographic services, anyone who refuses to comply with COVID-19 guidelines and mandates set by the Government of Canada and or local public health authorities.

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