terms and conditions

This photography contract (hereinafter “Agreement”) is between Our Labor Of Love, LLC (hereinafter “OLOL” or “Photographer” and Danielle Murray (hereinafter “Client”), collectively, the “Parties,” relating to their wedding that will take place on May 19th, 2018.

 

1. exclusive photographer
OLOL shall be the exclusive photographer retained by the Client for the purpose of photographing the wedding day. Family and friends will be permitted to photograph to photograph at the wedding so long as they do not interfere with our duties and do not photograph poses arranged by the Photographers.

2. retainer and payment
The Client shall pay a retainer of one half the total package price upon execution of this Agreement to secure the OLOL’s services and product specified hereinon Exhibit A which is attached hereto. Upon revision and signing of this contract Agreement the amount of the retainer shall be applied to reduce the total balance of the package. The second deposit (50%) must be paid no later than on the day of the event. OLOL shall have the right to terminate this Agreement in the event Client fails to make any payment due to OLOL pursuant to this Agreement. In the event of such termination by OLOL, any and all monies received by OLOL up to the date of termination shall not be refunded, and shall remain the property of OLOL, free of any and all claims by Client thereto.

3. cancellation or postponement
The Client must notify the Photographer in writing if the Client should cancel the event for any reason. This Agreement shall be considered terminated as of the date OLOL receives such written notice of cancellation (the “Termination Date”), and in such event any and all monies paid to OLOL up to and including the Termination Date shall not be refunded, and shall remain the property of OLOL, free of any and all claims by Client thereto., the retainer shall not be refunded. If cancelling this contract the Client must notify the Photographer in writing. To consider a date change the Photographer must first receive a written release of the current contracted date along with a written request for an alternate event date, which release and request shall act as a termination of this Agreement, which will null and void this written contract. If the client needs wishes to change the event date, all monies paid will transfer to the new date per a newly written and signed agreement contract if that date is available for the Photographer. The new date must be within six months of the original date or the new contract agreement will be subject to the Photographer’s then current rates. If the new date is not available with the Photographer. Photographer is not available on the new date requested by Client, this Agreement the contract will be deemed cancelled terminated and the retainer, any and all monies paid to OLOL up to and including the Termination Date, shall will not be refunded.

4. failure to perform
If the the Photographer cannot perform this Agreement due to fire, casualty, act of God, nature, war, riot, physical or mental illness, or any other cause beyond the control of the Photographer the OLOL shall return all monies paid and shall have no further liability with respect to the contract. This limitation of liability shall also apply in the event that, without fault on the part of the Photographer, photographic materials are damaged in processing, lost through camera or memory card malfunction, lost in the mail, or are otherwise lost or damaged without fault on the part of the Photographer. In the event that OLOL fails to perform for any other reason, OLOL shall not be liable for any amount in excess of the value of the Client’s package’s liability shall be limited to the amount received by Photographer pursuant to this Agreement and Client hereby waives any and all claims for damages and/or injunctive relief against OLOL arising therefrom, except in the case of willful misconduct or gross negligence.

5. photographer substitution
In the extremely unlikely event of severe personal illness or other extreme Acts of Nature beyond the control of OLOL which precludes the photographer from performing the duties of the coverage. OLOL will attempt to arrange for a substitute photographer of high qualifications, per Client approval of said photographer, however. OLOL’s failure to procure a substitute photographer will not constitute a breach of this Agreement. The Client and OLOL both assume the dangers of the photographer’s travel and the extremely unlikely event that a last-minute Act of Nature or travel disaster occurs while OLOL is en route to the event. In such case, the Photographer will refund the Client all monies paid, less the retainer and any other out of pocket expenses incurred by OLOL.

6. inherent qualities
The Client is aware that color dyes in photographic materials may fade or discolor over time due to the inherent qualities in the dyes and chemicals. The Client releases OLOL from any liability for any claims whatsoever based upon fading, or discoloration or other changes in the images due to such inherent qualities, except in the case of willful misconduct or gross negligence

7. standard price list
The charges in this contract are based on OLOL’s standard price list. This price list is adjusted periodically and any futures or additions to this contract shall be charged at the prices in effect at the time when the order is placed or change requested. Album and print orders require full payment in advance. There will be no increase in OLOL's standard price list prior to final payment.

8. release of digital negatives
 IF the client has purchased the digital negatives in the contract, OLOL will release deliver the high resolution files (digital negatives) to the Client within 6 weeks after the wedding date AND after final payment of any outstanding balance due (“Delivery Date”). This Delivery Date shall be extended for such period of time as OLOL may be disabled by physical or mental illness preventing performance of the terms of this Agreement. The Delivery Date shall also be extended in the event of delays caused by events beyond the control of OLOL. These files will be delivered in an online gallery. By releasing this delivery of the digital negatives, OLOL authorizes the Client to use the images contained in the gallery for their own personal use only. The digital negatives will be proof quality only, and will not be the same quality as the custom prints edited for the purpose of custom enlargements and album prints. OLOL is not responsible for the quality of enlargements from these files that have been taken as a non-professional and/or consumer photo lab. The images may not be sold, or published, reproduced or distributed without the written consent of the Photographer. OLOL will retain the copyrightall right, title and interest in and to of the images contained in the gallery as well as the exclusive rights detailed in section as herein provided. “copyright and reproductions”. Upon delivering the digital negatives to the Client, OLOL is released of all liability for archiving all the files. Requests for additional and/or replacement copies of the files will be billed at $300 per set.

9. proofs and custom prints
Proof images are individually edited for color correction, contrast adjustments, tonal adjustments, and conversion to black and white (if applicable). The proof images are used for the online proofing, digital negatives and dvds. The custom print includes a variety of techniques to create the Photographer’s interpretation of the perfect print. Steps taken may include and are not limited to: realistic retouching, blemish removal, selective toning of colors, tonal adjustments and color enhancements, removal of distracting elements, etc. Custom prints are included in wedding albums, custom books, and custom prints and enlargements. All album orders need to be completed within a year of the wedding. If not the album order will be null and void.

10. officiant and venue restrictions
The Photographer may be necessarily limited by the guidelines or rules of the ceremony official, ceremony venue, or reception venue and/or any federal, state or local ordinance. Client understands and agrees the OLOL will abide by such guidelines or rules that are outside the control of OLOL. The client agrees to hold OLOL harmless for the impact such guidelines or rules may have on the resulting photographs.

11. requested photos
While OLOL will make every reasonable effort to take specifically requested photos, the Client understands that a wedding is an uncontrolled event and due to the varieties of the weather, available light, and willingness or availability of subjects, OLOL cannot guarantee that any particular requested photo will be taken.

12. artistic license
OLOL shall be granted full artistic license in relation to the poses, photographs and the locations used. The Photographer will not be responsible for a lack of coverage caused for the following reasons: the Bride, Groom or wedding party not being on time, members of the wedding party or family are unavailable when called on for a posed photograph, if the wedding is running late or if restrictions regarding photography at the desired location of the wedding are in force. The Client understands that OLOL does not photograph from a ”shot list” throughout the wedding day. The hallmark of OLOL’s photographic approach is non-posed, journalistic coverage of actions in real time. Long lists and frequent requests for posed photographs by the Client or wedding attendees reduce the capability to explore and obtain photographs of genuinely occurring moments. The Client acknowledges that they have been shown a complete list of wedding images and they understand that OLOL will produce images of like quality and style from their wedding.

13. event food service
A meal is required for the OLOL photography team for events 5 hours or longer. If no meal is provided, it is understood that the Photographer will leave the event at a time of Photographer’s choice to purchase a meal, and will not be liable or responsible for shots missed during this time period. Food sustains us and we ask that we are fed food of the same quality of your guests. Good karma.

14. shipping and handling
Shipping and handling charges will be billed if Client is unable to pick up proofs, prints, albums, digital negatives, etc. at OLOL studio.

15. insurance
OLOL maintains business liability insurance with The Hartford to protect the Client from claims by property owner or accidental damages the Photographer and staff may cause. Certification of insurance is available upon request.
Notwithstanding anything to the contrary contained in this Agreement, Photographer will be liable for any damages resulting from the willful misconduct or gross negligence of Photographer and any person working for Photographer here under

16. indemnification
Client agrees to indemnify and hold harmless OLOL from and against any and all claims, theft or loss, causes of action, demands, expenses, costs or liabilities arising from injury, harm (to person, property or otherwise) suffered by event attendees or other vendors, or employees, contractors or other staff of venue, with the exception of those claims arising from the intentional tortuous conduct or gross negligence of OLOL.

17. miscellaneous
This contract incorporates the entire understanding of both parties any time prior to 60 days before rendition of Services.  Any modifications to this contract must be in writing and signed by both parties. Any adjustments to this contract cannot reduce the total overall dollar value. This contract shall be governed by the laws of the State of California. By signing below you knowingly and voluntarily agree to the complete contract (eight pages). OLOL will not sell these photos to any third party, but maintains right to use photos on OLOL blogs.

 

exhibit A

1. client and event information

Client Name: *
Client Name:
Address
Address
Phone
Phone
Date of event
Date of event
Event location
Event location

2. personnel assigned

The coverage includes the work of Agnieszka Saczynska ("Personnel") including preparation, ceremony, reception and formal photographs, when such events fit within the span of coverage inculuded in the package. Assistants retained by The Photographer(s) (also "Personnel") may be present and photographing at The Event. Assistant photographers may have the responsibility to photograph certain assignments at The Event at the discretion of The Photographer(s). The Photographer(s) shall provide no more hours of coverage on the date of The Event than the number specified in Section 4, "Included Products and Services." Coverage by all Personnel shall be concurrent. 

4. included products
- 5-6h event coverage,
- Digital collection of high-res images delivered in an online gallery.

5. pricing and payment policy
The total price for the above services and product(s) is $2700 (US Dollars.)

Payments shall be due at the following times: $800 due now and $1900 due on the April 19th, 2018.

Please make checks payable to 'Our Labor Of Love'.

Payments made before The Event date shall be defined as "Retainer(s)" and are non-refundable upon cancellation of The Event, but may be re-applied subject to availability if The Event is rescheduled. Canceled Events must be rescheduled within 30 days of notice of cancellation in order to re-apply retainer(s). If The Event is cancelled, The Client must notify The Photographer(s) in writing that The Event has been cancelled. Otherwise, The Client shall be responsible for the payment schedule as set forth above. Rescheduled events shall be subject to standard pricing in effect on the date to which the event has been rescheduled, and any pricing changes shall be documented in a separate addendum. Additional coverage, not included herein, will be billed separately at the time of purchase. Any discounts will be applied at the time of purchase.

I have read and understood the terms above. I hereby agree to the terms of this agreement.
I have read and understood the terms above. I hereby agree to the terms of this agreement.
Date
Date