TERMS AND CONDITIONS FOR WEDDING AND EVENT PHOTOGRAPHY SERVICES
In the following terms and conditions “the Photographer” shall mean Nadia Audigié trading as Nadia Audigié Photography. “The client(s)” shall be those persons defined as bride and groom in the wedding booking/ the person indicated in the bill for other events. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Booking Fee / Deposit Payments
A booking fee of 50% as well as full acceptance of the terms and conditions as published on the photographer's website secures the time and services of the Photographer for the event and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. The booking fee will be deducted from the cost of the Client's chosen package when calculating the final balance due. Payment in full of the remaining balance will be due up to the day of the event. Events that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
Any extra cost that will occur when covering the day of the event such as travelling expenses, administrative fees for permissions to photograph destinations of the Client's choice will be added to the nominal price.
In the event of non-payment (partial or total) the Photographer is not legally obliged to provide the service (be present at the event nor deliver the photos). Any late payment up to 3 weeks after the day of the event will be subject to a fine of 50% of the amount due. Any late payment over 3 weeks after the day of the event will be subject to a fine of 100% of the amount due.
The Client has a right to a two hour consultation with the Photographer prior to the day of the event. The consultation can be face to face, via Skype or telephone. During this consultation event arrangements will be discussed (event time-frame, event locations and photography advice for the Client), a questionnaire will be be provided for the Client.
The details of the event arrangements are to be agreed beforehand in writing, a printed or PDF version of a questionnaire will be provided by the Photographer upon meeting/Skype/phone session with the Client. The filled in version of the questionnaire is to be returned to the Photographer up to 30 calendar days before the day of the event. The Client shall notify the Photographer of any changes to these details in writing. The Photographer cannot be held liable for delays or disruption in the delivery of the service until any changes are received, and acknowledged in writing.
The Client may cancel this contract at any time by giving written notice to The Photographer but in doing so shall forfeit the booking fee, or the full amount of paid money if the cancellation occurs less than 1 month prior to the event . All cancellations must be in writing.
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, photo-contests, websites, social media, sample albums etc.
The Photographer will provide all retouched event images via Wetransfer, an Online gallery and on a Flash drive (for domestic weddings, and other events over 6 hours long). The images on the Flash drive and images sent via Wetransfer will be provided in two formats: full size and a copy with a 2048 px long edge for the Client's ease of use.
The Photographer will provide the images via Wetransfer and in an Online gallery within a 6 week period after the date of the event for weddings, and a 2 week period for other events. The Photographer is not liable for delays in delivering the Flash drive due to the work of the post office.
The Online gallery will be active for 90 calendar days after publishing and can be viewed by the Client, their relatives, friends, and acquaintances.
The Photographer will store a copy of the images for a period of 6 months after the date of the event. After that time the Photographer reserves the right to delete all images due to computer memory restrictions. In case of technical malfunction before the end of the 6 month period the Photographer is not responsible for providing extra copies of images.
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.
All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer will provide retouched photos with a pleasing colour balance, a certain number of the photos might be in black and white. All post-processing of the images is subject to the artistic view of the photographer that will be consistent with the Photographer's previous work, unless stated otherwise.
Retouching and digital manipulation out of the standard scope (ex. eliminating “chicken pox” marks, completely changing the background in images), as well as any extra digital manipulation after the images have been delivered is available to the Client as an option at extra cost.
The images will represent the day of the event to the best of the abilities of the Photographer. The Photographer is not liable for the weather conditions on the day of the event, or any other variables out of the Photographer's control that may influence the output of the images.
Art. L111-1 of the French Intellectual Property Code assigns the copyright of the images to the photographer. The Photographer retains all intellectual rights to the images and reserves the right to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, photo-contests, websites, social media, sample albums etc.
The Client retains a license for personal use of the images. Any commercial or otherwise unusual usage of the images by the Client (such as participation in photo-contests, etc.) is to be discussed with the Photographer beforehand. Failure to do so is illegal and will be subject to a lawsuit. No images provided by the Photographer may be digitally altered without the permission of The Photographer/s in writing.
NDA (Non Disclosure Agreement) - OPTIONAL
Under these Terms and conditions the Photographer agrees to exclude the photos taken during the photo shoot from any present and / or future marketing campaigns and / or social media run by the Photographer against an added compensation of 15% from the total payment for the photo shoot, this constitutes a compensation for lost profits. The NDA applies to all photos from the photo shoot and is valid in perpetuity.
Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment are taken, the photographer will not be responsible for photographs that are not produced due to technical failure.
In the unlikely event of the assigned Photographer being unable to attend your event due to unforeseen circumstances, the Photographer will appoint another photographer to attend your event and undertake the event photography to his/her best ability.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
This agreement shall be governed in accordance with the law of the French Republic.