1. AUTHORISATION:
We authorise Foy & Co to arrange the photography of our Wedding, in accordance with the details above. We are satisfied that the details above are correct and will confirm the details prior to the wedding. We accept the responsibility to contact Foy & Co, at least two weeks prior to the wedding, to confirm details are correct and there are no alterations.
2. AGREEMENT, JURISDICTION & SEVERABILITY:
This contract contains the entire understanding between Foy & Co and THE CLIENT(S). It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this contract is to do so in writing, and providing the document is signed by all the relevant parties. The CLIENT(S) assumes responsibility for all collection costs and legal fees incurred by Foy & Co should enforcement of this contract become necessary. In the event that any part of this contract is found to be invalid or unenforceable, the remainder of this contract shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this contract shall not constitute a waiver of any other portion or provision of this contract. This contract is governed by, and construed according to, the laws of Queensland, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia, and the courts competent to determine appeals from the courts of Queensland, Australia, with respect to any proceedings which may be brought in connection with this contract.
3. CLIENT(S) affirm(s) that CLIENT(S) is/are at least 18 years old and has the capacity to enter into a contract with Foy & Co.
4. Foy & Co is an independent contractor and not an employee of THE CLIENT(S).
5. RESERVATION AND RETAINER FEE:
Upon your signature Foy & Co will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, a 50% retainer fee (being 50% of the total price of the wedding package) is non-refundable, even if the date is changed or the wedding cancelled for any reason. The retainer fee is to be paid at time of signing the contract. The retainer fee is applied towards the total contracted wedding package price.
6. FINAL DELIVERY:
After the wedding, Foy & Co will provide THE CLIENT(S) with a USB containing a minimum of one of the following depending on which package has been booked.
-- Photography: 200 edited images half day (5hours) & 400 full day (10hours+).
-- Videography: 4-7min highlight video, ceremony video, speeches video
-- Elopement: 100 edited images.
Due to the specialised equipment used to capture photography & videography no raw footage is available outside of the deliverables listed above.
7. CANCELLATION:
In the event that THE CLIENT(S) cancels the wedding package outlined in this contract before the wedding ceremony takes place, THE CLIENT(S) agree(s) to pay Foy & Co liquidated damages equivalent to the retainer fee. Foy & Co agrees to refund all additional paid money, if any, (less expenditures for which receipts will be provided) to THE CLIENT(S).
8. TERMINATION AND CANCELLATION:
This contract may be terminated under any of the following conditions:
At THE CLIENT(S) Discretion. The Clients understand that pursuant to this contract, Foy & Co may forgo opportunities to book other business on the wedding date. The Clients understand that in exchange for this consideration, the Clients agree to the following scenarios with regard to refunds/application of monies paid by Foy & Co. The Clients understand that pursuant to this contract, Foy & Co
(i) In the event that the Clients reschedule the wedding and Foy & Co is able to rebook the original wedding date, Foy & Co will amend the wedding date in this contract and the Clients will receive credit for all monies paid up to the date Clients requests the wedding be rescheduled. In the event that the Clients reschedule the wedding and Foy & Co is not able to rebook the original wedding date, Foy & Co will amend the wedding date in this contract and the Clients will forfeit the retainer fee but receive credit for all other monies paid up to the date the Clients request the wedding be rescheduled. Clients should note that the retainer fee will not then be available to apply toward their final installment. (ii) In the event that the CLIENT(S) cancels the wedding out right. The Clients will forfeit the 50% retainer fee and receive a refund for any additional monies paid up to the date the Clients notifies Foy & Co that the wedding is cancelled. Cancellation must be in writing with confirmation received by Foy & Co even if a phone call was made to inform Foy & Co of the cancellation.
9. AT FOY & CO’S DISCRETION:
(i) In the unlikely event that Foy & Co is unable to provide the services described in this contract on the wedding date for any reason including, but not limited to, illness, injury, emergency, or act of God, sudden event or other circumstances beyond the control of Foy & Co, best efforts will be made to find a replacement photographer/videographer (as required) at no cost to the Clients. This contract will be transferable to such replacement service provider. If no replacement is found or if the Clients decline the replacement service provider, the Clients may instead terminate this contract and receive a full refund of all money paid. (ii) In the event the Clients fail to make any installment payment due as described under the Payment section of this contract within ten (10) days of its due date, Foy & Co shall have the right to immediately terminate this contract. (iii) In the event that any refunds are due under the terms of this contract, Foy & Co will provide such refunds to the person or entity from whom or which the funds derived.
10. COOPERATION:
The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Foy & Co is not responsible for key individual’s failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Foy & Co. Foy & Co recommends that THE CLIENT(S) designate(s) an "event guide" to point out important individuals to Foy & Co, whom THE CLIENT(S) wish(es) to include in informal or candid photographs.
11. HOUSE RULES:
Foy & Co is limited by the guidelines of the ceremony official or the reception site management. THE CLIENT(S) agree(s) to accept the technical results of their imposition on Foy & Co. Negotiation with the officials for moderation of guidelines is THE CLIENT'S responsibility: Foy & Co will offer technical recommendations only.
12. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS:
The photographs, digital negatives or prints produced by Foy & Co are protected by Australian copyright law (all rights reserved) and may not be reproduced in any manner without Foy & Co’s explicit written permission. Upon final payment by THE CLIENT(S), limited copyright ownership of the resulting images will be transferred to THE CLIENT(S) under the following conditions:
a. The negatives and/or digital files, if provided, are the property of THE CLIENT(S) for personal use and for the purposes of the electronic reproduction and distribution of photographs to friends and relatives.
b. THE CLIENT(S) must obtain written permission from, and compensate Foy & Co prior to an event where THE CLIENT(S) publish or sell the photographs for profit.
13. EXCLUSIVITY & GUEST PHOTOGRAPHY:
It is understood that Foy & Co will act as the sole and exclusive wedding photographer and/or videographer (as the case may be) at the wedding. Foy & Co reserves the right to bring assistants at their discretion. Since flashes from guests' cameras may ruin shots taken by Foy & Co, THE CLIENT(S) acknowledge(s) that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer and/or videographer (as the case may be) is in session. The formal photography/videography time is for the exclusive use of Foy & Co to capture the formal wedding portraits. Due to time constraints and the need for subjects to pay full attention to Foy & Co, guest photography must be done at a separate time.
14. COMPLETION SCHEDULE:
Completion of wedding images is set between 4-6 weeks from wedding date. The Clients will be notified upon completion and transfer of goods will be arranged at a suitable time for both THE CLIENT(S) and Foy & Co.
15. PAYMENTS:
THE CLIENT(S) agree that the 50% retainer fee is required at the time of contract acceptance. The retainer fee is applied towards the contracted wedding package. THE CLIENT(S) understand(s) and agree(s) that the entire amount owed for the wedding package described in the contract is due 2 weeks prior to the wedding date via the agreed form of payment.
16. LIMIT OF LIABILITY:
Foy & Co warrants and declares that every effort will be made to provide high quality services. In the unlikely event of illness, injury, emergency, or act of God, sudden event or other circumstances beyond the control of Foy & Co, it may be necessary to retain a replacement service provider. Foy & Co will make every effort to secure a replacement service provider able and/or willing to provide a similar package as that chosen in this contract at the same/similar cost. If such a situation should occur and a suitable replacement is not found, Foy & Co’s responsibility and liability is limited to the return of all payments received for the wedding package. Foy & Co takes the utmost care with respect to exposure, transportation and processing of photographs, audio and/or video footage (as applicable): including using professional grade equipment and professional-grade backup equipment. However, in the unlikely event of THE CLIENT(S) photographs, audio and/or video footage being lost, stolen or destroyed for reasons within or beyond Foy & Co’s control, Foy & Co’s liability is limited to the return of all payments received for the wedding package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
17. NON-GUARANTEE:
Although every possible care will be taken to produce photographs, audio and/or video footage of all important and special events during the wedding, Foy & Co cannot place an unconditional guarantee on the above. Foy & Co will not be held responsible for any ruined photographs, audio and/or video footage due to guests' (or any other) flashes or any other ruined photographs, audio and/or video footage due to any other cause in or outside of Foy & Co’s control.
18. FORCE MAJEURE:
A party is not liable for failure to perform the party's obligations if such failure is as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this contract under clause 8 (Termination & Cancellation) in such circumstances. If a party asserts force majeure as an excuse for failure to perform the party's obligation, then the non-performing party must prove that the party took reasonable steps to minimise delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event described in clause 17 (Force Majeure).
19. AMENDMENTS:
This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT(S) and Foy & Co at the time of acceptance of this contract shall be recognised as amendments to this contract.
20. PROFESSIONAL IMAGE MANIPULATION:
Foy & Co will allow for limited professional image manipulation (if technically possible) on any image(s) included in the final image delivery. This includes red eye removal, colour correction, special effects, portrait glamorization, etc. It is understood that if a technicality prevents Foy & Co from performing requested image manipulation or if a technicality prevents the final result from meeting THE CLIENT'S requirement, THE CLIENT(S) will accept that Foy & Co has performed the specific task and that no further work is required.
21. MODEL RELEASE:
The Clients hereby forever grant to Foy & Co, its legal representatives, successors, assigns, licensees, advertising agencies, and all persons or corporations acting with its permission, the irrevocable and unrestricted right to use, re-use, publish and re-publish and copyright the Clients performance, likeness, picture, portrait, photograph, sound and/or voice recording, including the negatives, transparencies, prints, film, video, tapes, digital or other information pertaining to them in all forms of media now or hereafter known and in all manner, including electronic media, in still, single, multiple, moving or video format in whole or part and/or composite representations in conjunction with my own or a fictitious name, including alterations, modifications, derivations and composites thereof.
22. DEFINITIONS:
Client means those persons named and identified in the Contract Details as client 1 and client 2.
Contract Details means the form set out at the beginning of this contract.
