Terms and Conditions
General
ENTIRE AGREEMENT
This agreement contains the entire understanding between Photography by Joe Damaso 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.
RETAINER
Upon your signature, Photography by Joe Damaso will reserve the time and date agreed upon, and will not make other reservations for that time and date. The retainer is to be paid at time of signing the contract. The retainer is applied towards the contracted photography package. THE CLIENT understands and agrees that the entire amount owed for the photography package described in the contract is due 30 days prior to the wedding date; or on the shoot date for family packages and headshot session.
CANCELLATION
In the event that THE CLIENT cancels the contracted services outlined in this contract before the shoot event takes place, the retainer will be forfeited. Joe Damaso agrees to refund all additional paid money (less expenditures and travel cost for which receipts will be provided), to THE CLIENT. Shoot event cancellation requires at least 30 days notice prior to the wedding date or 48 hours notice prior for family sessions to be eligible for a 100% return of your deposit, otherwise deposits are non-refundable.
EVENT GUIDE
THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer 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). THE CLIENT is also responsible for identifying any individual/s that do not desire to be photographed.
DIGITAL NEGATIVES, PRINTS and COPYRIGHTS
The photographs, digital negatives or prints produced by Photography by Joe Damaso are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Photography by Joe Damaso’s explicit written permission. THE CLIENT must obtain written permission from, and compensate Photography by Joe Damaso prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.
MODEL RELEASE
THE CLIENT hereby assigns and grants Photography by Joe Damaso and its legal representatives the irrevocable and unrestricted right to use and publish photographs 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 Photography by Joe Damaso and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Photography by Joe Damaso may display and use the photographs 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 Photography by Joe Damaso.
METHOD OF REMUNERATION
Payment may be made in cash or check or online transaction. Returned checks are subject to a $25.00 returned check fee. PROOF OF PAYMENT TO BE PROVIDED ON REQUEST.
RIGHT OF WITHDRAWAL
Photography by Joe Damaso’s discovery of new information, changes to agreed circumstances, or other factors which tends 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 Photography by Joe Damaso initiate the withdrawal, all fees will be returned, including retainer. In case of withdrawal, $100.00 an hour is charged for all photography services already provided and $50.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.
LIMIT OF LIABILITY
In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Photography by Joe Damaso will make every effort to secure a replacement photographer 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.
FINAL DELIVERY
Photography by Joe Damaso will deliver the finished photos in digital format.
NON-GUARANTEE
Although every possible care will be taken to produce photographs of all important and special events during the wedding, Photography by Joe Damaso cannot place an unconditional guarantee on the above. Photography by Joe Damaso 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 Photography by Joe Damaso’s control.
PERFORMANCE
The performance of this contract on behalf of Photography by Joe Damaso 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.
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.
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 Photography by Joe Damaso at the time of acceptance of this contract shall be recognized as amendments to this contract.
PRICE GUARANTEE
The prices listed in this contract expire one year after the wedding date and orders placed after this time has expired will be at current Photography by Joe Damaso rates.
Wedding
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.
120 MINUTE WINDOW
The bride and/or groom agree to set aside at least 60 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 120 minute window from occurring, Photography by Joe Damaso shall not be held liable for failure to take desired photographs.
COOPERATION
The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Photography by Joe Damaso is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Photography by Joe Damaso. Photography by Joe Damaso recommends that THE CLIENT designate an “event guide” (see PRE-EVENT CONSULTATION above) to point out important individuals to the photographer, whom THE CLIENT wishes to include in informal or candid photographs.
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 Photography by Joe Damaso 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, Photography by Joe Damaso will not be held liable for any photographs not taken.
HOUSE RULES
The photographer 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. Negotiation with the officials for moderation of guidelines is THE CLIENT’S responsibility; Photography by Joe Damaso will offer technical recommendations only.
EXCLUSIVITY / GUEST PHOTOGRAPHY
It is understood that Photography by Joe Damaso will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guest’s cameras may ruin shots taken by Photography by Joe Damaso, THE CLIENT acknowledges that Photography by Joe Damaso will not be held liable for any shots unavailable because of interference from guest photography.
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. Photography by Joe Damaso will not tolerate verbally or physically abusive behavior, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos 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, it will result in the early or immediate departure of the photographer. 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.
COMPLETION SCHEDULE
The printing process can only start once Photography by Joe Damaso receives the order list for the required images. Digital processing takes approximately 2-4 weeks. Creation of a wedding album takes 6-10 weeks, enlargements 1-2 weeks or possibly longer when laboratory and bindery schedules are heavy.
FINAL DELIVERY
Photography by Joe Damaso will deliver the finished photos in digital format and any additional print materials that applies to the package selected once the entire post processing and/or printing is completed.
PENALTY FEES & CHARGES
There is a $170.00 late payment fee for any payments that are not postmarked or delivered to Photography by Joe Damaso by the required date. THE CLIENT IS RESPONSIBLE FOR ALL REASONABLE ATTORNEY FEES AND COSTS OF COLLECTION.
