Terms & Conditions *
A Non-Refundable deposit of $100 is required to reserve your photoshoot date, and due at the signing of this contract. This deposit guarantees the time set aside for the above mentioned photoshoot date by Bree Mader. In the event of your cancellation or date change for any reason, every attempt will be made to re-schedule within 6 months of the original date. If the secondary date chosen is cancelled or has a date change for any reason, your deposit will not be refunded and no further rescheduling will be allotted (ie, another deposit must be made to hold a new date).
Total Deposit Currently Due: $100.00 (Please make all cheques payable to: Breanna Mader)
You will receive the electronic hi-resolution JPEGS approximately 6-9 weeks after wedding date – this may be sooner or later depending on the time of year.
Standard Terms + Conditions:
This CLIENT SERVICES AGREEMENT (“Agreement”) is entered into, and is effective as of the Signed Date by and between Bree Mader (“Photographer”) and the person(s) identified as Client throughout this Agreement.
1.1. “Assignment” refers to the wedding day and any related photography services, described on the electronic submission form of the Agreement, that Client is specifically commissioning Photographer to perform.
1.2. “Cancellation” means that the Assignment is cancelled by Client and not rescheduled.”
1.3 “Work” means all photographic images, negatives, digital files, prints or other materials created by Photographer while performing the Assignment.
1. COPYRIGHT: It is expressly agreed that all rights to use and ownership, including copyright of negatives, digitally or electronically produced images, or any material produced by the Photographer and any reproductions there from are reserved by Photographer for Photographer’s benefit, whether for display, publicity or otherwise. Client has FULL printing rights to all delivered digital files.
2. EXCLUSIVE PHOTOGRAPHER. Photographer shall be the exclusive professional photographer retained by Client for the purpose of photographing the event. Guests, family and friends of Client shall be permitted to photograph as long as they shall not interfere with Photographer’s duties.
3. LIMITS OF LIABILITY. Photographer takes the utmost care with respect to the exposure, development
and delivery of all photographs. However, in the event that Photographer fails to comply with the terms of this Agreement due to any event or act which prevents the delivery of the Work from the Assignment, Photographer’s liability to Client shall be limited solely to a refund of all money paid by Client to Photographer, and Client’s sole remedy shall be receiving a refund of all money paid by Client to Photographer.
4. SPECIFIC IMAGES. Photographer and Client further agree that Photographer will try to their very best ability to provide Client with all photos requested, however Photographer cannot be held responsible for any specific image that may not be delivered. Any failure by Photographer to deliver any specific image shall not be a breach of this Agreement, shall not result in a refund of any money paid by Client to the Photographer, and Photographer shall not provide any other remedy to Client.
5. ARTISTIC STYLE. On its own behalf and on the behalf of the subject: Client acknowledges that it is familiar with Photographer’s portfolio and is requesting Work with knowledge of Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of a 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, Photographer shall use her personal and artistic judgement to create images consistent with her personal vision of the event, which vision may be different from the Client’s. Accordingly, Client acknowledges that the Work shall not be subject to rejections on the basis of taste or aesthetic criteria.
6. MODEL RELEASE. Client shall permit Photographer to use images of Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents. Unless otherwise agreed, Client’s guests at the wedding shall be deemed to have consented to the use of their name, image, or likeness by Client, and Photographer for the duration of the Assignment, and Client shall defend and indemnify the Photographer from and against any claims that any of Client’s guests may assert against Photographer arising from, or related to, the use of any name, image, or likeness of Client’s guest(s) by Photographer during the Assignment.
7. CLIENT USAGE. Upon receipt of digital files in an online gallery, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer 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 digital files provided. Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. It is Client’s responsibility to make sure that digital files are copied to new media as required.
8. RETAINER AND PAYMENT. The charges in this Agreement are based on the Photographer’s current price list. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. Client shall provide a non-refundable retainer to Photographer to perform Assignment. The non-refundable retainer is set at approximately 1/3 of the total package price. The retainer shall be applied toward the total cost of Assignment and Client shall pay the balance due. Balance shall be paid in full two weeks before the event for the service is to be provided.
9. FAILURE TO PERFORM. If Photographer cannot perform this Agreement due to a fire, emergent and pressing necessity, Act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer. In the event Photographer fails to perform for any other reason, Photographer shall not be liable for any amount in excess of the amount the client has paid thus far.
10. DANGEROUS CONDITIONS. If, during the Assignment, Photographer is exposed to: (a) conditions which imperil or cause the Photographer to fear for their safety, or (b) objectionable or illegal acts to which Photographer does not wish to be a party or witness, then Photographer reserves the right to immediately protect Photographer’s interests, including but not limited to a cessation of the Assignment, leaving the Assignment location(s), and/or terminating this Agreement. In such circumstances, Photographer will not refund any moneys paid by Client. Client shall indemnify Photographer from any damage or injury that Photographer may sustain, arising from, or related to, any hazardous conditions which imperil or cause Photographer or her crew to fear for their safety, while performing the Assignment.
Printing Rights + Release:
Upon receipt of their high-resolution, downloadable, digital image gallery, the client(s) have full printing rights to share their images with family and friends, or via social media. The client(s) are also able to have products made or printed for themselves through a printing lab of their choosing (i.e Costco) or may order high quality prints through a professional lab via their online gallery, if they choose to do so. The client(s) understand that edited or cropped images of the original photographs are strictly prohibited and must not be tampered with.
Bree Mader reserves the right to use all photographs for advertising purposes as examples of work, including but not limited to displays, print advertisement, internet web site, Facebook, Twitter, Instagram, and portfolio. Bree Mader is not liable for any images (digitally or print) that are illegally obtained or used.
Agreement: + Signatures:
We have read this entire Agreement and we understand its terms. By clicking “We Agree”, we agree to be bound by the terms of this Agreement.