JOY MAY WEDDING PHOTOGRAPHY – TERMS OF SERVICE CONTRACT – January 15, 2013
This agreement (1-10) contains the entire understanding between JOY MAY PHOTOGRAPHY and the CLIENT. By paying the minimum $500 (or more) deposit, the CLIENT agrees to these 10 terms of service, and enters into our binding contract.
1. RESERVATION for WEDDING PHOTOGRAPHY: JOY MAY PHOTOGRAPHY requires a minimum $500 (or more) deposit/retainer fee by online payment to reserve the Wedding Photography service for the specific time and date of the wedding. $995 Wedding Photography is four hours service with one photographer per specific day. Four hours is continues time (EI: 11am to 3pm), per specific day. JOY MAY PHOTOGRAPHY bills in one hour increments. JOY MAY PHOTOGRAPHY require a prepaid 50% online deposit/retainer for service over four hours. After four hours JOY MAY PHOTOGRAPHY bills our service at the rate of $250.00 per hour, per photographer, per day. Any monies/deposits received for additional time must be applied to more service time. CLIENT agrees that JOY MAY WEDDING PHOTOGRAPHY is delivered with one hundred original digital images per hour minimum, per photographer. One wedding photo album is included. DVD-VIDEO photo slideshow is delivered with Santana’s “Game of Love” as the default song/soundtrack- the song/soundtrack that runs approximately 5 minutes. CLIENT must submit custom/first dance song in MP3 audio file (mp4, wmv, wav files will not be accepted) 30 days before event. CLIENT agrees that digital images on DVD-ROM are JPEG file. JOY MAY PHOTOGRAPHY renders (artistic photo digital editing) 100 images per four hour service, of our choosing. Additional rendered images are charged at a rate of $50 per image, according to CLIENT written specifications. Additional DVD-ROM copies are on file for 90 days from ceremony date and are available for $50 each. CLIENT agrees to pay a surcharge of $500 (five hundred dollars) for wedding dates that fall on Easter, 4th of July, Thanksgiving, Christmas or New Years. JOY MAY PHOTOGRAPHY will include engagement session no charge (see line # 8 for restrictions) for service of eight hours or more. There is no travel fee within 200 miles of 94101. Travel fee beyond 200 miles is billed at $2.50 per mile. Event location inspect before the event is $500 for Northern California (200 miles from 94101). Sales tax will be added to all sales at a rate of 9.5% (California and San Francisco sales tax rate). Availability of our contracted photographer is limited. We are first come, first served.
2. EXCLUSIVE: JOY MAY PHOTOGRAPHY shall be the exclusive professional photographer retained by the CLIENT for the purpose of professional photography of the wedding. No other professional or competing photographers are permitted. Family and friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere with JOY MAY PHOTOGRAPHY duties.
3. CANCELLATION: CLIENT agrees that all deposits are nonrefundable for service time once received by JOY MAY PHOTOGRAPHY. All deposits are nonrefundable and nontransferable if the wedding or service is canceled for the contracted date and time. The entire photography fee will be charged if an event is canceled ninety (90) days or less prior to the date of the scheduled event. There will be no refunds for inclement weather, fire, tsunami, earthquake, and loss of utilities, acts of any governmental body or acts of God. Credit card charge back fee is $250 per action. All cancellations must be in writing, signed and dated by the CLIENT on our Cancellation of Service form.
4. COMMUNICATION: CLIENT agrees to cheerful cooperation and written communication for the best possible result within the definition of this service contract. CLIENT agrees to facilitate our formal photo session by designating a “family liaison” (someone familiar to the bride and groom). CLIENT agrees that JOY MAY PHOTOGRAPHY will not be held accountable for missed photos of principals if there is no written “VIP” list. CLIENT is responsible for organizing, identifying and gathering people for formal “VIP” photographs. CLIENT is responsible for keeping bride and groom separate before ceremony. CLIENT agrees that JOY MAY PHOTOGRAPHY is not responsible if key VIP individuals fail to appear or cooperate for photographs. CLIENT is responsible for informing the contracted photographer of all the events to be recorded. CLIENT agrees that our contracted photographer receives one ten minute break per hour service. CLIENT agrees that our contracted photographer is permitted to break and eat if offered a meal from anyone. CLIENT agrees to schedule any meetings with JOY MAY PHOTOGRAPHY by appointment (email confirmation reply required) during our business hours. Our San Francisco business hours are: Monday through Friday from 10am to 5pm. We are closed Saturdays and Sundays and on major holidays. JOY MAY PHOTOGRAPHY will return CLIENT phone messages and /or emails next business day, during our business hours. Our business phone number is (510) 854-6184. Our email address is [email protected] CLIENT agrees to keep wedding date (IE; 12/23/07) in subject line (email) to avoid confusion in our written correspondence. JOY MAY PHOTOGRAPHY main business office location is 732 Presidio Ave, San Francisco, CA. 94115.
5. EVENT INFORMATION: CLIENT agrees to submit the “ITINERARY” form in writing. The photography will start at the specified “start time”, and end at the specified “end time”, as written by our CLIENT. CLIENT agrees to be billed in full if no “ITINERARY” is provided. JOY MAY PHOTOGRAPHY will phone CLIENT within the week of the event to confirm event information and any written performance instructions. CLIENT agrees to submit by email the ITINERARY and/or VIP and ceremony and/or reception maps with driving directions (start from San Francisco 94101) to JOY MAY PHOTOGRAPHY. All documents must be electronic (not handwritten) on PDF, Microsoft word, WordPad or notepad.
6. HOUSE RULES: CLIENT agrees that JOY MAY PHOTOGRAPHY is limited by the guidelines of the ceremony official and/or reception site management. CLIENT agrees to accept the image results of their imposition on JOY MAY PHOTOGRAPHY. Image imposition on JOY MAY PHOTOGRAPHY might include the following: No photos, no video, no flash, no lights, and no movement. Negotiation of image guidelines and /or imposition with the ceremony and/or reception officials is the responsibility of the CLIENT. CLIENT agrees to accept the image results of their verbal or written orders of imposition on JOY MAY PHOTOGRAPHY.
7. COPYRIGHTS and MODEL RELEASE: Upon final payment by the CLIENT, the shared non-exclusive copyrights (certificate of ownership) of the resulting images will be signed and transferred to the CLIENT. The CLIENT hereby grants to JOY MAY PHOTOGRAPHY the MODEL RELEASE right to use and publish photographs of the CLIENT for editorial, trade, advertising and to copyright the same. The CLIENT hereby releases JOY MAY PHOTOGRAPHY from all claims and liability relating to said photographs. The CLIENT receives every image we shoot. There are no photos or images to pick or chose, except for 200 4X6 PHOTO PRINTS and ONLINE WEDDING ALBUM (see line #8 for restrictions).
8. A. ONLINE WEDDING ALBUM and B. ENGAGEMENT SESSION and C. 200- 4×6 PHOTO PRINTS:
A. ONLINE WEDDING ALBUM. After final payment is received, JOY MAY PHOTOGRAPHY will publish an ONLINE WEDDING ALBUM of select wedding digital images. Web hosting is free for one year from ceremony date. After final payment is received, the CLIENT must select and submit up to 200 (two hundred) digital images (JPEG) on DVD/CD ROM within 90 day of the ceremony date. DVD/CD ROM must read on PC. DVD/CD ROM must be labeled “ONLINE WEDDING ALBUM” with CLIENT name and wedding date. Any DVD/CD ROM received after 90 days (postmark) from the date of the event, will be returned to CLIENT and the ONLINE WEDDING ALBUM will be forfeited. Digital images to be published must be selected from our service. Online album is public, published with your names, wedding date and ceremony/event location. Please allow four weeks for online wedding album publication.
B. ENGAGEMENT SESSION is included with eight hour package. ENGAGEMENT SESSION is available as a separate service for a fee of $299. Engagement session consists an appointment time and date. Session is two hours and two locations in San Francisco, CA. JOY MAY PHOTOGRAPHY will deliver all digital images (jpegs) on DVD-ROM after four weeks of engagement session date. 25 images are enhanced/rendered. Session must be scheduled by email 30 days before event. There is no credit or transfer of value if CLIENT fails to schedule or execute session before ceremony date. Hair and make-up is available for an additional fee of $500.
C. 200- 4×6 PHOTO PRINTS: After final payment is received, the CLIENT must select and submit up to 200 (two hundred) digital images (JPEG) on DVD/CD ROM within 90 day of the ceremony date. DVD/CD ROM must read on PC. DVD/CD ROM must be labeled with CLIENT name and wedding date. Any DVD/CD ROM received after 90 days (postmark) from the date of the event, will be returned to CLIENT and the 200 4×6 photo prints will be forfeited. Digital images to be printed must be selected from our service. Prints will be ready for pickup after 30 days from receipt of DVD/CD ROM.
9. FINAL PAYMENT: JOY MAY PHOTOGRAPHY accepts final payment by CLIENT or universal agent in cash (USA dollar) or bank debit (Visa or Master Card) or credit card (Visa or Master Card) at our San Francisco office during our business hours. Payment by U.S.P.S. (United States Postal Service) money order is acceptable. All sales are final after final payment is received by JOY MAY PHOTOGRAPHY. Any gratuities received are nonrefundable. Prepayment is not accepted. U.S.P.S. priority mail shipping within USA is $100. Photos and DVD are shipped by U.S.P.S. after five business days of payment received. Retroactive archive fees of $50 per month apply after 90 days of storage. After 120 days, all abandoned 4×6 photos, DVD-Video, DVD-ROM, will be discarded and all monies/deposits will be forfeited. Photography will be ready for pick up after four weeks from ceremony date. Rush fee (pickup before four weeks) is 100% of total bill. JOY MAY PHOTOGRAPHY will send an email bill to CLIENT upon completion. CLIENT agrees to email delivery instructions and/or schedule pick-up and final payment appointment and await our appointment confirmation reply by email. JOY MAY PHOTOGRAPHY staffs our studio/office by appointment during business hours only. Sales tax will be added to all sales at a rate of 9.5% (California and San Francisco sales tax rate). CLIENT agrees that photos and DVD will be released after final payment is received by JOY MAY PHOTOGRAPHY.
10. LIMIT OF LIABILITY and AGREEMENT: CLIENT agrees that JOY MAY PHOTOGRAPHY can replace the contracted photographers at our discretion. In the event that the contracted photographers are unable to work the date of the event due to acts of God , auto accident, illness, injury or death, JOY MAY PHOTOGRAPHY will issue a full refund of deposit to the CLIENT. The CLIENT agrees that our liability is limited to the return of all deposits/payments received for the event package. In the event that photographs and/or video have been lost, stolen, or destroyed for reasons within or beyond JOY MAY PHOTOGRAPHY control, JOY MAY PHOTOGRAPHY liability is limited to the return of all deposits/payments received for the event package only. By paying the minimum $500 deposit, the CLIENT agrees to these 10 terms of service, and enters into our binding contract.
JOY MAY WEDDING PHOTOGRAPHY
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TERMS OF SERVICE CONTRACT – January 15, 2013