Engagement Ceremony Photography Agreement
Description of Services
The parties agree that Krithika Mahalingam will furnish photographic services for Priyank and Payal's Engagement Ceremony on November 4th as specified in Exhibit A below. Krithika Mahalingam and her team (The Photographer(s)) shall be the exclusive professional photographers retained by The Client for the purpose of photographing The Event. Wedding guests and family members are welcome to photograph at The Event, outside of formal photography time, but shall not interfere with The Photographer(s)’ duties. The Client agrees that The Photographer(s) may, at their discretion (if absolutely necessary), reposition people or objects, or direct changes to existing or supplemental lighting in the rare instance when such factors interfere with The Photographer(s)’ duties.
Compensation and Fees
An initial retainer is due at the execution of this Agreement, which will be applied to the total amount due. The total amount due to The Photographer(s) for services is specified in Exhibit A, and reflects all services agreed on by The Client and The Photographer(s) for The Event. The amount due shall be paid in full prior to delivery of any part thereof. The Client agrees to pay all deposits, retainers, and/or fees associated with doing a photo shoot at a specific location, event, or venue.
Limitation of Liability
While every reasonable effort will be made to produce and deliver outstanding photographs of The Event, The Photographer(s)’ entire liability to The Client for any claim or loss arising from The Photographer(s)’ performance is limited to refund to The Client of the amount paid for services. Due to the uncontrolled nature of The Event, The Photographer(s) cannot guarantee delivery of any specifically requested image(s) except for images made under such conditions that The Photographer(s) have complete control over all variables which contribute to the production of an image, including but not limited to, lighting, time, subject position, and distance to the camera. The
Photographer(s) have the right to refuse to produce any image that could violate libel or copyright laws, or in the course of its production could cause or contribute to bodily injury, death, equipment damage, or property damage or destruction. Additionally, The Photographer(s) cannot be responsible for the effects of the subjects’ physical appearance, including body position, facial expressions, blinking, or clothing. The Photographer(s) cannot be responsible for the effects of environmental
conditions, including, but not limited to, weather conditions, temperature, existing lighting, or aesthetics of the shoot location.
Clients hereby indemnify and hold The Photographer(s) harmless against any and all liabilities, claims, and expenses, including reasonable attorneys fees, arising from Clients’ use of The Photographer’s work.
Copyright & Usage
As the author of all images made hereunder and as provided for by law, The Photographer(s) shall retain the copyrights in perpetuity, regardless of possession of ownership of negatives, photographs, digital files, or any other format of reproduction.
Use by The Client: The parties agree that The Client may use the images created hereunder for any personal, non-commercial purpose, including display on personal websites, and the publication of wedding related announcements of articles, and, when customary, include copyright reference or credit line. Client will not permit, participate, or assist in any commercial use or sale of the images without specific consent of The Photographer(s).
Use by The Photographer(s): The parties agree that The Photographer(s) may reproduce, publish, exhibit, and otherwise use images created hereunder as samples of The Photographer(s)’ work to be shown to prospective clients, for instructional purposes during lectures and educational seminars taught by The Photographer(s), and for generic institutional purposes, including use in conjunction with televised or published interviews. Additionally, The Client agrees that The Photographer(s) may provide photographic prints and/or electronic files to other vendor(s) who provide services at The Event for their self-promotional purposes. Any use of the images produced hereunder by The Photographer(s) shall be judicious and consistent with high standards of taste and judgment. The Photographer(s) shall not permit, participate, or assist in any commercial use or sale of images produced hereunder (except for the provisions outlined above) in which recognizable person(s) are pictured without specific consent of The Client or the recognizable person(s) in the images.
Due to the unpredictable and uncontrollable nature of weddings, The Photographer(s) can make no guarantees regarding the delivery of any specific photograph, although The Photographer(s) make every reasonable effort to meet the desires of The Client. It is the sole responsibility of The Client to identify VIP guests, groupings, and/or shots that are most important to them. The Photographer(s) shall not be held liable or responsible for any persons present at the wedding or reception that were not photographed. If The Client or other individuals to be included in The Event or the planned portrait sessions are late or absent, The Photographer(s) shall not be held liable for not photographing said individuals or desired shots.
Picture Delivery/Completion Schedule
Digital image(s) are virus scanned before delivery and are free of known viruses at the time of delivery. Photographs from the November 4th Engagement Ceremony,
will be ready for viewing the week of December 18, 2017, or earlier. High-resolution pictures from the Engagement Ceremony will be delivered electronically to the e-mail addresses specified in Exhibit A. A USB drive with pictures from the ceremony is available at additional cost.
The Photographer(s) cannot be held responsible for damage to garments during environmental events. Client is responsible to arrange personal assistance for wedding garments.
The Photographer(s) shall be liable for archiving images made at The Event for a period of 6 months after the date of The Event. The Photographer(s) shall not be held liable for archived images lost due to acts of war or terrorism, or natural disasters. If high-resolution digital images (“Digital Negatives”) are provided to The Client, The Photographer(s) shall supply the images on a high-quality archival medium. However, The Client understands that the medium upon which the Digital Negatives are recorded may fail over time. It shall be the responsibility of The Client to make backup copies of the Digital Negatives provided by The Photographer(s) to The Client. Requests for additional copies of Digital Negatives from the archives can be made anytime during the 6 month period for $100 for each copy.
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 Krithika Mahalingam at the time of acceptance of this contract shall be recognized as amendments to this contract.
The Client signing below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement. This Agreement shall be governed by the laws of The State of New Hampshire.
Client Information/Responsible Party
Mahendra and Neeta Patel
84 Milner Street
2 Forbes Rd, Woburn, MA 01801
“The Event” shall be defined as the Engagement Ceremony of Dr. Priyank Patel & Dr. Payal Patel on November 4th, 2017 from 9 a.m to noon., at Hilton Boston/Woburn.
“The Photographer(s)” shall be defined as the photographers provided by Krithika Mahalingam. The services offered by The Photographer(s) include coverage for preparation, ceremony, reception, and formal photographs, when such event fits the span of coverage included in the package. Associate Photographers retained by The Photographer(s) (also “Personnel”) may be present and photographing at The Event. Associate 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, “Included Products and Services.” Coverage by all Personnel shall be concurrent.
The Photographer(s) are limited by the guidelines of the venue and event officials and/or management. Client agrees to accept the technical results of their imposition on The Photographer(s). Negotiation with the officials for moderation of guidelines is the Client's responsibility. The Photographer(s) shall offer technical recommendations only.
Electronic delivery of high-resolution, ready-to-print photos from your Engagement Ceremony; approximately 50 to 70 images per hour of coverage.
3 hrs coverage for engagement celebration on November 4th, 2017 from 9 a.m. to noon.
Additional hours of coverage, beyond the contracted hours, will be billed at $250 per hour.
USB drive with photos from the event can be obtained at $60 per copy.
Pricing and Payments
The total price for the above service and product(s) is $750 (US Dollars.) A signed contract, which includes a signature below, and an initial retainer payment of $375 are required no later than October 30th, 2017, to provide services for November 4th, 2017, and to reserve the specified coverage and date. This payment is applied towards the package total. Remaining balance of $375 is required to be paid by November 5, 2017. Additional coverage for hours, not included herein, will be billed separately at the rate of $250 per extra hour of coverage. USB drives with images from the wedding can be obtained at $60 per copy.