Terms of Engagement
1) It is understood that these terms are binding on both parties. They cannot be altered or changed unless agreed to in writing by both parties, Mindy Coe Photography and Client.
2) All deposits and payments are non-refundable. Cancellation of the services scheduled to be provided by Mindy Coe Photography will result in forfeiture of all monies paid to the notice of cancellation. Cancellation within 180 days of the event date obligates the Client to pay two thirds of the total contract price. Cancellation within 45 days requires the client to pay the total contract price. If any payment is not made by due date, this will be a fundamental breach of contract entitling Mindy Coe Photography to suspend all contracted services. Any Cancellation must be in writing.
3) Mindy Coe Photography will be equipped with necessary primary and backup equipment to the event, however, if Mindy Coe Photography is unable to provide the work contracted for to client, to the industry standard, for any of the following reasons: accidental equipment breakage or failure of any or all equipment, weather conditions, accessibility to subjects, Acts of God, environmental interference of any kind, personal injury, illness, failure of any person to appear, or lack of cooperation by any party related to the stated event, the client will be entitled, but limited, to a full refund of all monies paid to date or is entitled to a re-shoot, where as a re-shoot is a photo session at one or two locations of the client's choosing and client incurs any and all expenses for reshoot including, but not limited to, travel expenses outside of 100 miles from Mindy Coe Photography, renting ceremony or reception locations (if necessary) and renting clothing or cars. Mindy Coe Photography will in no way be responsible for any recorded images that cause harm, or damages to any person included within such recordings.
4) Mindy Coe Photography agrees to make an effort to capture, protect and secure all materials that have been recorded by Mindy Coe Photography and all materials that have been received from the Client, but in no way can Mindy Coe Photography be held liable for loss of materials due to theft, fire, flood, equipment malfunction or any Acts of God. In the event of catastrophic loss or damage to one-of-a-kind recorded materials or materials provided by the client exceeds 50% of the photographed day, the client is entitled to cancel the contract and be entitled, but limited, to a full refund of any monies paid to date or a re-shoot, as defined in clause 3, at another time. Should the client elect to cancel the contract and receive a refund of the monies paid to date, Mindy Coe Photography is not required to turn over any work/production from the contracted date.
5) In the unlikely event the photographer that is contracted to appear on the event date, for any reason, is unable to attend the event, Mindy Coe Photography shall make best endeavours to provide a replacement photographer.
6) No other professional media outlet may obtain and use, or duplicate any materials produced by Mindy Coe Photography, for any reason. No other professional photographer may be hired for attendance to cover or record any part of the day of the event stated in contract unless agreed upon by both parties. This includes videography companies that offer photography production services.
7) No other professional vendor may provide photography production services to the client on the day of the event without the advance permission of Mindy Coe Photography. This includes any other vendor that wants bring a photographer (such as DJs and videographers) to capture parts of the day, but does not hinder Client from booking a photo booth from another company, although this is offered through Mindy Coe Photography. Family and friends will be permitted to photograph at the wedding as long as they do not interfere with the duties of photographer, and additionally, will be asked not to take pictures while the photographer are posing the couple, bridal party, or families. This is to avoid any distraction of the couple or bridal party during the photographic sessions. It is understood that photographer are the exclusive official photographer retained to perform the photographic services outlined in this contract.
8) The client must contact Mindy Coe Photography with final selection of chosen album photographs within 12 months after delivery of wedding gallery. If the client fails provide final photograph selection before the twelve-month period expires, Mindy Coe Photography may charge the client additional fees in order to cover cost of product price inflation.
9) The Client hereby agrees to be responsible for compliance with any rules of the facility and any applicable local, state or federal rules and regulations. Should any governmental or photo session location permits be required, any additional fees required by halls to bring in vendors or additional liability insurance past the standard £1,000,000 coverage, client shall be responsible to obtain and pay for the same. Photographer may be necessarily limited by the guidelines or rules of the ceremony official, ceremony venue, photo session location or reception venue. Client understands and agrees that Photographer will abide by such guidelines or rules and that they are outside the control of Photographer. Client agrees to hold Photographer less for the impact such guidelines or rules may have on the resulting photographs.
10) It is a violation of federal copyright law to allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without the permission of Photographer. Mindy Coe Photography remains the owner of all copyrighted material produced and delivered and no content shall be redistributed, rebroadcast, or duplicated, whole or in part, except for the limited personal use of the client such as personal copies, personal internet usage, and preservation purposes and with the exception of those stated in the reproduction rights specified with the enclosed contract. Mindy Coe Photography limits any liability for loss, damage, or failure to deliver images for any reason to the return of all deposits made. Client agrees to purchase prints and products directly from Photographer unless in possession of high resolution digital files. Further, Client agrees not to make copies for sale or for the purpose of circumventing sale of the images by Photographer. Client agrees not to scan, copy or reproduce images in any manner, for any reason, without a written release from Photographer.
11) The Client will be responsible for providing a sit down meal during dinner time, to all employees of Mindy Coe Photography at the venue on the date of event, or employees of may leave the reception for a one hour dinner break.
12) Client represents that he/she is financially able to complete this transaction. No other statement, representation or promise has been made to induce either party to enter into this agreement. This agreement may not be modified or amended except by written agreement of the parties involved.
13) For events and sessions outside Surrey and or Cumbria, client will be responsible for any travel expenses accrued by Mindy Coe Photography including hotel, airfare and rental car. All such expenses will be invoiced and must be paid in full prior to delivery of photographs.
14) Artistic style on it's on behalf and on behalf of the subject: client acknowledges that it is familiar with the photographer's portfolio and is requesting services with knowledge of the photographer style; that the photographer's work is constantly evolving; that photographer's services are of unique and artistic nature; that the photos may be different from photographs taken by the photographer in the past; and that in creating the photos the photographer shall use her personal artistic judgment to create images consistent with her personal vision of the event, which vision may be different from the client's and/or the subject's vision of the event. Accordingly client acknowledges that the photos shall not be subject to rejection on the basis of taste or aesthetic criteria.
15) Client understands that to produce expected artwork, the photographer needs an appropriate amount of time to do so. If the day is running late, and/or the proper amount of time is not given for preps (two hours prior to ceremony), family photos (30 minutes for immediate families, additional time for extended family), and photo session (30 minutes with bride and groom), the photographer is not responsible for the lack of quantity or quality in said photographs due to time restraints. Client may arrange for less time for these parts of the day, but in doing so understands that it may hinder the artistic ability of the photographer and final product.
16) The Client understands that the photographs taken by the photographer are copy-written under Mindy Coe Photography, and may be used for any promotional purposes such as, but not limited to, blogging, publication on websites and in magazines, cross-promotional purposes with other companies, as well as submission for photographic competition.
17) Client is obtaining photographs for personal use only and shall not sell prints or authorise any reproductions by parties other than Photographer. Client understands that the High Res Files will contain all of the high resolution, un-watermarked pictures of the colour proofs and may print these for personal use at any time. Client may not use the images commercially without prior consent from Mindy Coe Photography. Mindy Coe Photography is not responsible for the quality of enlargements from these files that have been taken to a non-professional and/or consumer photo lab. The images may not be sold, distributed or published without the written consent of Photographer.
18) Client understands that Mindy Coe Photography cannot indefinitely keep photographs and any photographic art based on said photographers such as, but not limited to, proof book pages, and wedding album layouts. Mindy Coe Photography will preserve photographs for at least one year from wedding date, but cannot be held liable for keeping the digital media after that. After 1 year the images are deleted off the servers.
19) Any time exceeding agreed hours will be billed as overtime by the hour at current overtime rate (£150 per hour) and will be due before gallery is delivered.
20) In the event that the photographers feel threatened or are abused physically, sexually or verbally by client, guests or any other vendors at the event, they retain the right to leave immediately without repercussions of any kind and can choose to file charges if deemed necessary.
21) While Photographer adheres to the highest standards possible with respect to photographic materials, Client is aware that colour dyes in printed photographic materials may fade or discolour over time due to the inherent qualities of the dyes and chemicals and care of product. Client releases Mindy Coe Photography from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities, regular wear and tear, or mishandling of product. If changes occur to any photographic materials, which are greater than normal fading and discolouration, the materials will be replaced at the discretion of Photographer.
22) While Photographer will make every reasonable effort to take specifically requested photos, Client understands that a wedding is an uncontrolled event and that due to the varieties of the weather, available light, and willingness or availability of subjects, thus Mindy Coe Photography does not guarantee that everyone or everything involved in the event will be photographed or will be included in the final images. Though Mindy Coe Photography will do their best to capture as much as possible, client cannot hold Mindy Coe Photography liable to any missing details, events or persons not in the final images. Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and Client releases Mindy Coe Photography from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities. It is recommended to place the photo and album in a dry, cool, shade area and never in direct sunlight in order to maximise the archive life. Client is aware that digital files may be corrupted due to inherent media deficiencies, random interference and advancing technologies.