Magic Mirror - Sample Contract
Contract from Total Event Photography LTD. T/A Magic Mirror - Company No: 582913
The Basics
Our service may change slightly in response any public health guidelines e.g. Covid-19
Unless otherwise agreed, Magic Mirror® needs a standard 240v power supply within 5 meters of where we are to be set up
We need a dry location, on level ground to place the Magic Mirror® for operation
Operating upstairs? - We need a lift or ramp access to a venue - The Magic Mirror can be wheeled around but is too heavy to be carried up or downstairs. ( small stairs can be managed with help)
If you want us to customise the prints to match your event theme or wedding invitations, please send us the artwork 7 days before the date of the event
The Booking Fee is non-refundable as long as we are available to operate under current public health guidelines and restrictions on the date of the event
The Fine Print
From here on in, the term "photographer" will be used to describe our operators and staff attending your event.
Safety: If Photographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the event, photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the event. In such cases, Photographer shall not be obligated to refund any of the fees paid by the client because of such action.
Photographer’s Responsibilities: %business_name% (“Photographer”) hereby agrees to perform photographic services for Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry (“Services”). Photographer may employ one or more assistants. The photographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. The Photographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by the client because of Photographer’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.
Retainer/ Deposit: A non-refundable deposit (that shall be applied toward the total fee for the services and will be set out in the "Payment Schedule") is due upon execution of this agreement, at which time Photographer commits to being available to the client on that date. In most cases, the retainer is due within seven days after the quotation being accepted.
Remaining payments: Retainer payments and the balance due for the services shall be made as set out in the "Payment Schedule". In the event that client fails to remit payment as specified, the photographer shall have the right to immediately terminate this agreement without further obligation to refund money (including the aforementioned retainer), to attend the event or to supply images.
Cancellation: Upon acceptance of these terms and payment of the retainer, the photographer shall commit a team or unit to attend the event on the specified date and shall make no other reservations for that date. If the client cancels the event entirely, any repayments if any will be as per below. If the Photographer is forced to cancel the event for any reason, all fees paid will be refunded to the client.
Cancellation - under over 120 days: If you cancel the booking 120 or more days (4 months) before the date of the event, your booking fee/retainer will not be returned but you can use it as a booking fee for another booking.
Cancellation - under 120 days: If you cancel an event less than 120 days before the date of the event, the full booking fee/retainer will be retained by the photographer and you will not be able to use it for another booking.
Cancellation due to Public Health Restrictions (e.g. Covid-19): If we are unable to attend your event or it has been cancelled due forced restrictions or closures, a full refund will offered back to the original card to which any payments were made.
If a cancellation happens due to No. 9 above, we can transfer the booking to a new date if a available
Cancellation during December - If an event ( e.g. Christmas Party or Wedding) is cancelled during December, no money or fees will be returned due to December being a peak time.
Copyright: All photographs taken by Photographer at the event, in whatever form, are copyright protected. Photographer will allow reproduction and publishing for personal use (eg. wall hangings at home, facebook, blogs), but any sale or publication for profit without Photographer’s express written permission is a violation of copyright law. Photographer retains copyright in all images taken at the event. This clause shall survive the term.
Term: The term of this agreement shall commence upon the execution of this agreement, and shall terminate upon photographer’s delivery of the final product as per the job invoice i.e. digital delivery of images or extra printed photos etc.
Event Changes - Date: The photographer must be notified immediately of any changes in schedule or location, at least 7 days in advance of the scheduled event date. If the client notifies photographer by phone, a written (i.e. email) confirmation must be sent within 2 days of such notification. If the date of the event changes and notice is not given the period specified above, the photographer shall be entitled to the retainer amount as liquidated damages for having to reschedule the event. The retainer amount will need to be repaid upon booking the new date, subject to the photographer's availability.
Event Changes - Location: If the event changes location, there may be additional cost owed to the photographer for extra delivery or setup costs.
Force Majeure: If photographer is unable to attend event due to fire, flood, heavy snow, casualty, strike, civil disturbance, war, terrorism, photographer’s sickness, or other acts of God beyond the parties’ control, then photographer shall return all money paid by client (including any retainer), and this Agreement shall immediately terminate.
Solicitor’s Fees: The prevailing party in any litigation or dispute involving this Agreement, or the services performed thereunder, shall be entitled to recover reasonable solicitor’s fees, costs, and expenses arising from such litigation or dispute from the non-prevailing party.
Assignment: Total Event Photography LTD. t/a Magic Mirror® may assign the duties invoiced for to one of its approved partners, agents, operators or franchisees.
Indemnification: Client hereby acknowledges that Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Photographer harmless for the impact such restrictions may have on the final product.
Waiver/Miscellaneous: This agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during, or after its execution. Any amendments to this agreement shall only be effective if made in writing that is executed by both parties hereto.
Protection of Deliverables/Retention of Files: Photographer shall take all reasonable steps to protect the images that are recorded at the Event until such time as the Album is delivered to Client. Once the Album has been delivered, Photographer shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored.
Model Release: With the client consent, the photographer may reproduce, publish, exhibit, and otherwise use images from the event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images. In signing this agreement, consent is implied for image usage. Consent can be denied via email or in the "questionnaire or job-sheet".
Guest responsibility: If a guest(s) at the client's event intentionally damages, cause harm or injury to any of our staff or equipment, the client may be responsible for any repair costs if that person(s) can not be identified or held responsible.
LIMITATION OF LIABILITY: PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.