Terms and Conditions - LUMINOSITY Media
1.ENTIRE AGREEMENT: This agreement contains the entire understanding between LUMINOSITY Media and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
2.RETAINER: Upon your signature, LUMINOSITY Media will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, a retainer of £200 is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The retainer is to be paid at time of signing the contract. The retainer is applied towards the contracted wedding photography/videography package. THE CLIENT understands and agrees that the entire amount owed for the wedding photography/videography package described in the contract is due FOUR weeks prior to the wedding date.
3.CANCELLATION: In the event that THE CLIENT cancels the contracted services for wedding photography/videography outlined in this contract before the wedding ceremony takes place, the retainer will be forfeited. LUMINOSITY Media agrees to refund all additional paid money (less expenditures for which receipts will be provided), to THE CLIENT.
4.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.
5.EVENT GUIDE: THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs/video clips are desired. The photographer/videographer will NOT be held accountable for not photographing/filming desired people if there is no one to assist in identifying or gathering people for the photograph(s)/video clip(s). THE CLIENT is also responsible for identifying any individual/s that does not desire to be photographed/filmed.
6. 60 MINUTE WINDOW: The bride and/or groom agree to set aside at least a 30 minute time frame afterward the ceremony for photographs/video clips that cannot be obtained during the ceremony or reception. The 30 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 60 minute window from occurring, LUMINOSITY Media shall not be held liable for failure to take desired photographs/video clips.
7.COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. LUMINOSITY Media is not responsible for key individuals’ failure to be present or to cooperate during photography/videography sessions, neither for missed images/video clips due to details not revealed to LUMINOSITY Media. LUMINOSITY Media recommends that THE CLIENT designate an “event guide” (see PRE-EVENT CONSULTATION above) to point out important individuals to the photographer/videographer, whom THE CLIENT wishes to include in informal or candid photographs/video clips.
8. SHOOTING TIME / ADDITIONS: The photography/videography 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 LUMINOSITY Media 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, LUMINOSITY Media will not be held liable for any photographs/video clips not taken.
9. HOUSE RULES: The photographer/videographer is limited by the guidelines of the ceremony official or the reception site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer/videographer. Negotiation with the officials for moderation of guidelines is THE CLIENT’S responsibility; LUMINOSITY Media will offer technical recommendations only.
10. DIGITAL NEGATIVES, FOOTAGE, PRINTS and COPYRIGHTS: The photographs, video clips, digital negatives or prints produced by LUMINOSITY Media are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without LUMINOSITY Media’s explicit written permission.
THE CLIENT must obtain written permission from, and compensate LUMINOSITY Media prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs, video clips for profit.
MODEL RELEASE: THE CLIENT hereby assigns and grants LUMINOSITY Media and its legal representatives the irrevocable and unrestricted right to use and publish photographs/video clips of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases LUMINOSITY Media and its legal representatives and assigns from all claims and liability relating to said photographs, video clips.
It is agreed that LUMINOSITY Media may display and use the photographs, video clips taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by LUMINOSITY Media.
EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that LUMINOSITY Media will act as the sole and exclusive wedding photography/videography service provider. Because of the fact that flashes/lights from guest’s cameras may ruin shots taken by LUMINOSITY Media, THE CLIENT acknowledges that LUMINOSITY Media will not be held liable for any shots unavailable because of interference from guest activity.
LUMINOSITY Media reserves the right to stop any photographic, videographics services paid for and leave the function should any other person take photographs, video clips with any professional equipment – with the retainer being forfeited. LUMINOSITY Media, where possible, will inform the CLIENT during the wedding day if there is a breach of this clause.
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/videographer. Coordination with other service providers is necessary to complete all the photography, videography sessions as scheduled. THE CLIENT should share the photography, videography 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. LUMINOSITY Media, where possible, will inform the CLIENT during the wedding day if there is a breach of this clause.
LUMINOSITY Media will not tolerate verbally or physically abusive behaviour, nor will it share its time or compete with guest photographers/videographers for the attention of the subjects. Unchecked guest conduct that interferes with photography, videography may seriously affect the quality of the photographs, video clips taken and increase the number of times photos, video clips must be re-taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer/videographer, it will result in the early or immediate departure of the photographer/videographer. THE CLIENT understands that in such an event, no refunds will be granted and any damage to equipment will be the responsibility of THE CLIENT to replace or repair.
11. COMPLETION SCHEDULE: Images, videos will be ready 2-12 weeks after the wedding date.
12. PAYMENTS: THE CLIENT agrees that £200 retainer is required at the time of contract acceptance and 100% of the remaining balance is due four weeks prior to the wedding date.
13. FINAL DELIVERY: LUMINOSITY Media will deliver digital downloads of professionally edited videos, video clips and high and low resolution (upon request) images, perfect for printing and sharing via an online gallery. The gallery will be available for 6 months after the wedding date.
14. METHOD OF REMUNERATION: Payment may be made in cash, or online via bank transfer.
PROOF OF PAYMENT TO BE PROVIDED ON REQUEST
15. RIGHT OF WITHDRAWAL: LUMINOSITY Media’s discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should LUMINOSITY Media initiate the withdrawal, all fees will be returned, excluding retainer as well as fair market value for all services/products already provided. In case of withdrawal, £100.00 an hour is charged for all photography/videography services already provided and £25.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.
16. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer/videographer. LUMINOSITY Media will make every effort to secure a replacement photographer/videographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
LUMINOSITY Media takes the utmost care with respect to exposure, transportation and processing of photographs, videoclips; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs/video clips being lost, stolen or destroyed for reasons within or beyond LUMINOSITY Media’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
17. NON-GUARANTEE: Although every possible care will be taken to produce photographs, videoclips of all important and special events during the wedding, LUMINOSITY Media cannot place an unconditional guarantee on the above. LUMINOSITY Media will not be held responsible for any ruined photographs, video clips due to guests’ (or any other) flashes, lights; or any other ruined photographs, video clips due to any other cause in or outside of LUMINOSITY Media’s control.
18. PERFORMANCE: The performance of this contract on behalf of LUMINOSITY Media 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.
19. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
20. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and LUMINOSITY Media at the time of acceptance of this contract shall be recognized as amendments to this contract.