Terms and Conditions

These terms and conditions for photography services is between Enda Guerin, hereafter referred to as

“Photographer”, and the undersigned, hereafter referred to as “Client”.

In consideration of this arrangement between the parties, as per outlined below, and for other goods and valuable consideration, the parties

now agree as follows:

DESCRIPTION OF SERVICES

Photographer’s artistic coverage in hours along with other deliverables are defined

under the “Whats included section in their packages”.

Please review the details carefully on the ‘Order Summary’ section of the Booking

page where this contact is signed. By signing you accept the terms of the

Package’s deliverables, policies and conditions.

The Photographer does NOT guarantee long-term archival of the digital files and

will not be held responsible if loss occurs 1 year after the event/session.

DEPOSIT AND PAYMENT

Upon signature, the Photographer reserves the time and date agreed upon, and

will not make other reservations for that time and date. For this reason, the Client

shall make a deposit payment to book the date with Photographer. This deposit

payment is non-refundable, even if the date is changed or the event is cancelled for

any reason, including acts of god, fire, pandemic-related restrictions, and extreme

weather. The deposit fee is to be paid at the time of parties signing this contract

and is applied towards the photography package balance upon completion of this

contract.

The Client(s) understand and agree that the remaining balance owed for the

photography package described in their contract, if it has not already been fully

paid by the deposit fee, is due on the date of the event.

CANCELLATION: If the Client should cancel the event/session for any reason with at least 30 days

notice provided, the Photographer agrees to refund all money paid, excluding the

deposit fee. If cancelling this Contract, the Client must notify the Photographer in

writing by email. To consider a date change, the Photographer must first receive a

written release of the current contracted date, which will null and void the original

contract. If the Client needs to change the event date, all money paid will transfer

to the new date per a newly written and signed contract, if that date is available for

the Photographer. The new date must be within six months of the original agreed-

upon date, or the new contract will be subject to the Photographer's current rates,

if they have changed. If the new date is unavailable with the Photographer, the

contract will be cancelled and the deposit will not be refunded.

LIMITATION OF SERVICES

A meal is required for the Photographer for events 6 hours or longer. If no meal is

provided, it is understood that the Photographer will require a break to leave the

event/session at some point to purchase a meal.

This Contract is not to be construed as an employment agreement in any way. The

Photographer functions as an Independent Contractor.

LIABILITY OF PHOTOGRAPHER

Although the utmost care will be taken, the Photographer may be unable to deliver

the photos due to unforeseen circumstances such as fire, casualty, act of god,

illness, or any other cause beyond the control of the Photographer. In this case, the

Photographer shall return all money paid and have no further liability with respect

to this contract. This limitation of liability shall also apply in the event that

photographic materials are damaged in processing, lost through camera or

memory card malfunction, or otherwise lost or damaged without fault on the part

of the Photographer. In the event that the Photographer fails to perform for any

other reason, the Photographer shall not be liable for any amount in excess of the

value of the Client's contract price stated herein.

ARTISTIC LICENSE

The Photographer shall be granted artistic license in relation to the poses

photographed and the locations used. The Photographer’s judgment regarding the

location, poses and number of photographs taken shall be deemed correct.

Photographs taken during the course of the event/session will be at the discretion

of the Photographer, although every effort will be made to comply with the Client’s

requirements and vision. If more than one subject is involved in the event/session,

the Photographer shall endeavor to photograph all individuals as requested by the

Client at some point, but no responsibility will be taken by the Photographer on the

occasion of leaving somebody out. The Photographer shall also endeavor to

capture all the moments throughout the event/session as they occur. However, because of the fluid nature of events/sessions, some moments might not be

recorded, or not recorded for logistical reasons.

VENUES, FAMILY/FRIENDS, AND PHOTOGRAPHER RESTRICTIONS

For a booking involving a church ceremony or at certain venues, the official in

charge sometimes restricts the Photographer’s movements. The area from which

the Photographer is able to cover the event/ceremony may not be the

Photographer’s choice and the Photographer cannot accept responsibility for any

obstructed view should this be the case. The use of artificial lighting may be

restricted or prohibited. The photographing of parts or even all of the event/

ceremony may be restricted or prohibited. The Client(s) are strongly advised to

check with the appropriate official(s) before booking the date and submitting this

contract.

If the Client is hiring the Photographer for a wedding/elopement, family and friends

will be permitted to photograph at the wedding as long as they do not interfere

with the Photographer’s duties and do not photograph poses arranged by the

Photographers, due to reasons of the Photographer delivering the quality of

images as expected.

EXCLUSIVITY

Photographer is hereby retained as the sole and exclusive professional

photographer to perform photographic services contained herein. The Client shall

take any necessary action to ensure that the Photographer is not hindered nor

harmed in performing services for the Client. Any breach of this agreement can

constitute a reason for non-completion of the job with no liability to the

Photographer.

TERMS AND CONDITIONS

The Copyright Law assigns the copyright of the images to the Photographer, and

all images shall remain the sole property of Photographer. The Photographer

retains for life the right to display any photograph covered by this Contract and to

generally promote the business in advertising, brochures, magazine articles,

websites, sample albums and prints, venue and other vendor samples, and other

such material, providing that the images used are used lawfully and without

damage to the Client.

The Photographer hereby grants to the Client, a limited, non-exclusive, non-

transferable, royalty-free license to reproduce, display and/or distribute the

images, provided the Client complies with the condition that all such reproductions

and/or displays are not intended for a commercial venture.

Although all equipment is checked regularly and reasonable steps are taken to

ensure backup equipment is available, the Photographer will not be responsible for photographs that are not produced due to technical failure, either at the shooting

or processing stage.

TERMS AND CONDITIONS (CONT’D)

Due to a variety of lighting conditions and the limitations of digital sensors, some

colors may alter throughout a set of photographs. Please note that certain colors

do not reproduce exactly in print. Prints made at different times, in different sizes,

or printed from different print labs may be variable in color balance.

Due to the limitations of computer monitors, it is understood that images may

appear differently according to the specification of each monitor and prints will not

necessarily match images rendered on any particular computer monitor.

GUARANTEED DELIVERY

The Photographer agrees to have the contracted order for the Client’s photographs

completed within 8 weeks from the day of the event/session.