Christina Cho Photography Agreement
ENTIRE AGREEMENT: This agreement contains the entire understanding between Christina Cho Photography (“CCP”) and the CLIENT listed in the receipt or invoice schedule. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing by email or paper, signed by all the parties. Payment of the deposit is deemed as agreeing to these terms and conditions.
RESERVATION: THE CLIENT’S signature will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit of is nonrefundable, even if date is changed (unless I am available on the revised date) or canceled for any reason, including acts of God, fire, strike, and extreme weather. The Reservation Deposit is to be paid at time of booking. The Reservation Deposit is applied towards the contracted photography package detailed in the receipt or invoice schedule. The CLIENT understands and agrees that the balance of payment owed for the wedding photography package described in the receipt or invoice schedule is due on or before the day the photography package is delivered. CLIENT agrees if the balance is not paid by this time, Christina Cho Photography (“CCP”) will withhold the images from the photography package detailed in the receipt or invoice schedule with no liability to CCP.
COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. CCP is not responsible if key individual’s failure to appear or cooperate during photography sessions or for missed images due to details not revealed to CCP. CCP recommends that CLIENT designate an "event guide" to point out important individuals for informal or candid photographs to the photographer (see above) during the wedding that they wish to have photographed.
SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT in a manner enjoyed by all parties. CLIENT and CCP agree that cheerful cooperation and punctuality are, therefore, essential to that purpose. Shooting commences at the scheduled start time.
HOUSE RULES: The photographer is limited by the guidelines the location. CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is CLIENTS responsibility; CCP will offer technical recommendations only.
DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by CCP are protected by Copyright Law (all rights reserved). The CLIENT may reproduce images provided under the invoice schedule for their own personal use. The Client must obtain written permission from and compensate CCP prior to the CLIENT or its friends and relatives publishing or selling the photographs for profit. CCP has invested in an archive to hold images for approximately 10 years. Customers should, however, make sure that they have made their own arrangements for backing up their copy of their images, as CCP cannot guarantee to supply a replacement. Christina Cho Photography, its legal representatives and assigns retains full copyright ownership of all photographic materials and THE CLIENT will have limited copyright ownership of the photographic materials subject to the following conditions:
- The prints, negatives, slides, and/or digital images are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives. An acknowledgment to the photographer is requested and appreciated.
- The CLIENT must obtain written permission from, and compensate CCP, its legal representatives and assigns, if applicable, if THE CLIENT, or the CLIENT’S authorized representative, publish and/or license the photographs for profit.
CLIENT & GUEST MODEL RELEASE: The CLIENT hereby grants to CCP and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT and GUESTS or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases CCP and its legal representatives and assigns from all claims and liability relating to said photographs.
- It is agreed that Christina Cho Photography, its legal representatives and assigns may display and use the photographs taken for purposes such as, but not limited to: advertising, display, website and internet promotion, photographic contests, public display such as in, photography books, photography instructional books, store fronts, studio display, television advertising, and magazine advertising.
- Christina Cho Photography, its legal representatives and assigns respects its client’s need for privacy. In the event that a CLIENT would like to have their photographs excluded from all manners of display for purposes such as, but not limited to: advertising, display, website, blogs and internet promotion, photographic contests, public display such as in photography books, photography instructional books, store fronts, studio display, television advertising, and magazine advertising, the CLIENT agrees to pay the privacy fee which is calculated at 30% of the agreed package fee.
EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that CCP, its legal representatives and assigns will act as the sole and exclusive wedding photographer. Because of time constraints and the need for subjects to give full attention to the professional photographer, we request that guest photography be limited. CCP will allow guests to take snapshots during the processional, recessional and candid events at the church, and at the altar during the time the studio equipment is being packed up. Guest photography at the reception will be allowed at any time. In return for this consideration, CCP requests that guest photography does not interfere when or where CCP is working. CCP cannot be held liable for guests looking in the wrong direction or in delays if guest photography is allowed.
COOPERATION: The CLIENT is responsible for the conduct of their guests. The CLIENT will direct all other service providers to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography as scheduled. The CLIENTS should share the photography schedule with other service providers to make sure that there are no conflicts with times. In addition, events during the session day should be planned to make the best use of time from all vendors. CCP will not tolerate verbal or physically abusive behavior, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography will seriously affect the quality of the photographs taken and increase the number of photos that must be created. If the CLIENT is unable to control the conduct of their guests, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. We understand that in such an event, no refunds will result.
COMPLETION SCHEDULE: Digital processing takes approximately 3-4 weeks, creation of a wedding album 2-3 weeks and enlargements take up to 4 weeks. These time scales may be longer when laboratory and binding schedules are heavy.
PAYMENTS: CLIENT agrees that full balance is required to be made in full before the session date.
FINAL DELIVERY: CCP, its legal representatives and assigns will deliver the prints, albums, and any additional material once printing is completed, as agreed upon in this contract. Additional high-resolution prints can be ordered from CCP, its legal representatives and assigns or “THE CLIENT can order prints from the lab of their choice.
LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergency it could be necessary to retain a different photographer. CCP will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. CCP takes the utmost care with respect to exposure, transportation, and processing the photographs including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond CCP control, CCP liability is limited to the return of all payments received for the event package. 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.
NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the session, CCP, its legal representatives and assigns cannot place an unconditional guarantee on the above. CCP, its legal representatives and assigns will not be held responsible for any ruined or missed photographs due to guests’ flashes; or any other ruined or missed photographs due to any other cause outside of CCP, its legal representatives and assigns’ control.
PERFORMANCE: The performance of this contract by CCP shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement, and only those changes or modifications specifically placed in writing, attached, signed and dated by the CLIENT and the studio at the time of this contract’s signing shall be recognized as amendments to this contract.
PHOTOGRAPHER: All photography is performed by Christina Cho founder of Christina Cho Photography. Only in extreme cases of illness or emergency will another photographer be used to photograph the event. In such rare cases every effort will be made to inform the CLIENT and provide a second consultation to allow the couple to meet the backup photographer before the event.
BACKUP EQUIPMENT: CCP has invested in backup photography equipment to minimize any possible interruption to photographing the event should any piece of equipment fail. All memory cards are copied to a computer once used to ensure that their subsequent failure will not cause loss of images. Images are then backed up again in the studio, and, once edited are archived for 5 years.
ASSISTANTS: CCP will use the assistance of one or more photographers, although this is an option for large events if required. CCP reserve the right to use an assistant (at no additional cost) if it is required.
PACKAGE: The package is outlined in the invoice or receipt schedule. All images are recorded as digital files, edited where necessary in Adobe Photoshop, Adobe Lightroom and/or Aperture and exported as high-quality JPEG files for the client to copy and print free of charge. CCP do not limit the number of photographs captured during the event and will endeavor to take as many as practical during the time allowed in the agreed package. The package will outline the time the photographer will attend. CCP will endeavor to be as flexible as possible with timings as time scales can slip with weather and unforeseen delays.
EXTRA COSTS: Christina Cho Photography believes in being up front with all costs. These are clearly indicated on our website, in our price lists and in the invoice / receipt schedule: CCP do offer a wide range of optional additional services at very reasonable costs after all the CLIENT has downloaded the images and can source many of these services elsewhere if required.