Terms & Conditions – Wedding Photography & Motion
- 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
- By signing the agreement you agree to this terms and conditions
- DreamGrapher will shoot for 12 hrs provided all the events are consecutively planned.
- Agreement/Jurisdiction: Ahmedabad- DIVISION-IV. The person(s) whose signature(s) appear on this contract, known as “Client“, appoints Photography company, known as “ Lights N Effects ” to cover the events mentioned in the agreement and Lights N effects agrees to provide services to photograph and Film their wedding and related events to the best of their abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. Client assumes responsibility for all collection costs and legal fees incurred by Lights N Effects should enforcement of this contract become necessary.
- In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
- Retainer and Payment: Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation retainer equal to 50% of the total photography fee. No date is reserved until the contract and retainer are received. The 40% of the balance due for the photography services must be paid one week prior to event and the rest 10% must be paid at the time of delivery of images & video. In the event Client fails to remit payment as specified, “Lights N Effects” shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend any further event. Returned checks will be assessed at INR 500 non-sufficient funds fee, and all future purchases/payments must be paid by Cashier’s Check. Unless the contract is cancelled, the retainer fee shall be applied to the photography fee total.
- Cancellation: Cancellation must be made in writing, signed by the contracted party, and sent via Certified Mail by Post stating the reason of cancellation.
Refund Terms are as follows –
Cancellation before 6 calendar months from wedding date – Full refund of total amount paid
Cancellation between 5 to 6 calendar months before wedding date – 75% amount of total paid
Cancellation between 3 to 5 calendar months before wedding date – 50% amount of total paid
Cancellation between 1 to 3 calendar months before wedding date – No refunds up to 50% of total project amount
Cancellation within 1 calendar month before wedding date – client liable to pay full project amount including all dues unpaid
- Reschedule: In the event that Client reschedules the wedding and Lights N Effects is able to rebook the original wedding date, Client will receive credit for all monies already paid. A new contract may be required. The new package price will reflect pricing in effect when the date change occurs. In the event that Client reschedules the wedding and Lights N Effects is not able to rebook the original wedding date, Client forfeits the retainer but will receive a credit for all other monies paid. Credit may be applied to wedding coverage within one year of original date provided Lights N Effects is available.
- Liability: If Lights N Effects or their agent is unable to perform any or all of the duties herein for any reason, such as illness or technical problems, and if they cannot provide another competent professional and equipment, all money received by Lights N Effects, minus expenses, will be returned to Client, and Lights N Effects shall have no further liability with respect to this agreement. However should Lights N effects be unable to provide services due to including but not limited to, fire, transportation problems, acts of God or accident Lights N Effects cannot be held responsible and are not liable to refund any fees already paid. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs or film for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises. i) Client is to provide 2 external Hard drives for data back up and safety prior to any shoot commences. ii) It is client’s responsibility to inform us (in writing)of any important people or events that must be captured such as any specific ritual that is ethnic or cultural importance.
- Editing: Lights N Effects will provide Videos and Photos as included on the final / agreed quote, edited to reflect and at par with our various work samples. Lights N Effects will employ standard editing hours to produce final Film and trailer; should client require any specific editing or changes additional hours will be charged at INR 5000/ hour for time and skills. With regards to Albums only 5 changes can be incorporated.
Any changes to the video/photos/albums must be communicated in writing within 15 days of receipt to allow sufficient time for reschedule of rework, if needed.
- Photo Discs: Upon receipt of a photo and Video HDD or DVD, Client accepts all responsibility for archiving and protecting the photographs and content. Lights N Effects does not permanently archive image files. Lights N Effects is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client’s responsibility to make sure that digital files are copied to new media as required. Lights N Effects maintains data for each client for one years in their own provided Hard drive, should there be loss of images and motion footage we are able to provide them again only for one years at applicable admin charges
i)Services not included in this initial contract will be sold at current price when an order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward services purchased from Lights N Effects
ii)Lights N Effects may shoot additional hours, employ extra professionals such as Cinematographer or shoot additional content other than agreed Drone, Underwater shoot, Lights N Effects may also edit additional content or versions which will be shared at the time of final delivery or earlier; At that point additional cost to that new piece of work will be communicated in line with our current rates. client will have full right to purchase or not to purchase the additional content. if not purchased Lights N Effects will not provide the additional content within final delivery but will only deliver agreed deliverables however Lights N Effects may retain the material for their portfolio.
- Courier: Courier requirements (if any) will be borne by the client
- Responsibilities: Unless agreed upon in advance, Lights N Effects shall be the exclusive photographers for the event. Lights N Effects may bring assistants at their discretion. Videographers and other vendors as well as semi-professionals. Any other photographers not part of Lights N Effects team must not obstruct or interfere with the official photographer and are not allowed taking any still photos during formal sessions. At the time of Pre Wedding or wedding shoot for client, Lights n Effects cannot allow presence of any other professionals, family members or friends except their own team or approved individuals such as stylists, makeup artists, drivers, assistants etc in order to protect client’s privacy and valuable as well to preserve working ethics and individual trade secrets. Wedding guests may take photos, but it is the responsibility of “Client” to prevent family and friends from interfering with Lights N Effects’ duties. Lights N Effects is not responsible for compromised coverage due to causes beyond their control such as other people’s camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiate. Lights N Effects is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. Client agrees to confirm the schedule one-week prior to the event and to send the “Lights N Effects” a copy of the invitation prior to the wedding. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up email for documentation.
- Incidental charges: Any and all the pre-wedding shoot related cost such as make-up artist, stylist, composer, music production related cost , meals on shoot, travel & stay etc will be client’s responsibility.
- Travel and Stay charges are flat 10% of the total agreed package price for all and any shoots outside of Ahmedabad and within India
- Travel and Stay for shoots outside of India must be borne and arranged by client or at actual as agreed mutually.
- Permissions: Client will be responsible to obtain any and all permissions related to shoot such as drone usage or make-up artist. In case if adequate permission isn’t arranged in advance Lights N Effects representative will leave the place after half an hour.
- Harassment: Ensuring the appropriate behavior of all guests and other persons at the wedding and other events covered by “Lights N Effects” shall be the responsibility of “Client”. In the event Lights N Effects or their employee experiences any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a family member of the client; second offense: the offending person will be required to leave the wedding or event; third offense: Lights N Effects will end wedding coverage immediately and leave the event, Lights N Effects shall be entitled to retain all money paid there under and client agrees to relieve and hold Lights N Effects harmless as a result of incomplete wedding or event photography coverage.
- Coverage: Lights N Effects will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the wedding day and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the Lights N Effects to be substandard or duplicated may be edited out. The Lights N Effects will use their professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
- Image Processing/Printing: Unless agreed upon prior to any editing work, high-resolution discs and/or proof sets may contain a mixture of color, black and white, and selective color images. An alternately colored version of a photo may be purchased at the current rate. Limited color correction and/or retouching are included at Lights N Effects’ discretion. Client may request further changes for an additional charge. Lights N Effects is not responsible for any prints that are not ordered directly from them. For best results, clients with the high-resolution files should order their prints through a reputable lab. All image sizes are nominal. The Photographer will provide a pleasing color balance but cannot guarantee exact color matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibers. It is sometimes impossible to record on film or digitally the exact color as seen by the human Any changes post preview copy of video and photos received must be communicated within 15 days of receipt. Two hard drives with adequate space must be provided before start of dirt shoot.
- Creative License The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. The style and the number of photographs are also dependent on vagaries of the weather and the availability and willingness of the clients and their guests. The Photographer(s) will make their best effort to honor requested photographs but does not undertake any guarantee for any specific picture nor incorporate any specific background, location or group
- Model Release: This contract serves as a model release giving the Lights N Effects the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. However Lights N Effects cannot grant use of the images to third parties.
- Copyright: All photographs taken by Lights N Effects are their property, will remain their property and are protected by Indian Copyright Laws. Client thereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties. Lights N Effects will not share any RAW footage or Photo files.
- Reproduction: Client is to make sure we have received atleast 2 Hard drives of adequate space for back up and storage of all their content well ahead of their shoot. We shall keep one hard drive for upto 1 year from the shoot date, post that time frame we are not liable to provide copies of data if not collected already.
- Client agrees to purchase prints directly from Lights N Effects unless in possession of high resolution digital files. Client have right to scan, copy or reproduce images in any manner without written permission from Lights N Effects for personal use only and does not allow the photos to be altered, sold or published. Client further agrees not to supply images to any third parties (including vendors associated with the wedding or album designers).
Should Lights N Effects become aware of reproduction without permission, Client will remit a usage fee of $100 per image, per usage to Lights n Effects