Austin Wedding Photographers | In Your Eyes Photography | 512-968-5937
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Copyright 2017 In Your Eyes Photography All Rights Reserved

Terms and Conditions

Terms and Conditions

By payment of deposit, Clients consent to the following:

[1] “Photographs,” “Photos,” or “Images” means all photographic material produced by In Your Eyes Photography, LLC and its agents, hereinafter referred to as “Photographers”, whether prints, digital images or otherwise, and includes all images shot by Photographers, whether or not provided to Clients.

[2] Except as otherwise specifically provided herein, all Photographs and rights therein, including copyright, remain the sole and exclusive property of Photographers.

[3] Clients grant Photographers and their assigns, licensees, and successors the unrestricted right to copyright, edit, use and publication of Photographs (and any behind-the-scene photographs or videos) for commercial, promotional, website, blog, social media, competition and other purposes without compensation or liability to the Clients. Clients permit Photographers to conspicuously post photo release notices at the ceremony and reception. Clients agree to be tagged in photos published by Photographers on social media. Clients consent to being tagged on social media posts by Photographers.

Clients agree to tag, link to, or otherwise reference In Your Eyes Photography when posting ANY photos to Facebook, Instagram or other social media channels.

[4] Meals. Clients will provide a meal for both Photographers and for one assistant during the event. No “vendor meals,” Photographers will be served the same meals as guests; and will eat at the same time Clients eat (to make sure they can be finished and ready to capture toasts and cake cutting at the right time).

[5] Timeline. Clients agree to include, at minimum, 30-60 minutes of time in their wedding day timeline exclusively for the couple’s portraits. (Optimal portrait time is at least 1 hour.) Clients acknowledge that if they cut short the portrait time for any reason, they risk not having the optimal quantity or quality of the all-important portraits of the two of them on their wedding day. If Clients cut short the portrait time, they do so against Photographers’ advice and at their sole risk and responsibility.

[6] “Original JPEGs” are JPEG renderings of the raw files shot by Photographers. Just like traditional negatives, these images are taken straight out of the camera and do not include retouching or editing. With purchase of original JPEGs, Photographers grant Clients a fully paid-up, perpetual license to use the original JPEGs provided for personal use.

[7] Deliverables. Clients acknowledge that no digital files, Negatives, albums, or prints are included except as may be expressly provided on the first page of this agreement. Clients acknowledge that ordering sessions will be scheduled after each shoot (including engagement, bridal, boudoir, and/or wedding) and that Clients will be required to make purchasing decisions at that time. Engagement, bridal, and boudoir session fees (if any) cover the time required to plan, shoot, and edit the images, and do not include any prints, digital files, or images.

[8] Photographers reserve the right to edit and will be the final authority on images that will be delivered to Clients. Clients acknowledge that not all images shot by Photographers will be made available to Clients. Culling the images to reject the bad ones and accept the good ones is a service Photographers provide to Clients. Therefore, under no circumstance will Clients be allowed to review all of the thousands of images that may be taken during the event.

[9] Photojournalism. Clients acknowledge that Photographers are not able to capture every moment that occurs during the wedding. Clients acknowledge that, as photojournalistic photographers focusing on candid moments and genuine expressions, Photographers will document what occurs naturally during the day and, except for the couples’ portraits and formal bridal party/family photos, Photographers will generally not pose photos or interfere unless specifically requested.

[10] Artistic Style. Clients acknowledge that they are familiar with the Photographers’ portfolio and are requesting services with knowledge of the Photographers’ style; that Photographers’ work is constantly evolving; that Photographers’ services are of unique and artistic nature; that the photos may be different from photographs taken by Photographers in the past; and that in creating the photos, the Photographers shall use their personal artistic judgment to create images consistent with their personal vision of the event, which vision may be different from the Clients’ vision of the event. Accordingly, Clients acknowledge that the Photos shall not be subject to rejection on the basis of taste or esthetic criteria.

[11] Online Gallery. If Clients purchase an online gallery, Clients will be provided an online gallery for 90 days where wedding guests can view Photos online and order prints at the a la carte prices. Clients acknowledge that Photos may not be ready for viewing or downloading for 6-8 weeks after the wedding, depending on the season.

[12] Any prints or albums ordered through Photographers include a limited warranty of quality workmanship. In the event the product is defective upon receipt, Photographers will replace such product or return the purchase price of such product to Clients. The choice of replacing the product or returning the purchase price of such product shall be exclusively Photographers’. Photographers do not guarantee the quality or color of any print product purchased from a third-party. Photographers do not recommend printing professional photos at CVS, Walgreens, Costco or similar photo labs.

[13] Photographer assignment. At the time of this contract, John McConnell and Lauren Walsh are the lead photographers for In Your Eyes Photography. In the event additional lead photographers or photographer/owners are retained by Photographers, Photographers reserve the right to assign such photographers to a wedding. If Photographers are unable to shoot the wedding because of serious illness, family emergency, or any other reason, with or without fault of Photographers, Photographers will retain competent professional wedding photographers to provide the same amount of coverage at Photographers’ sole expense.

[14] Clients acknowledge that Photographers will not maintain a permanent archive of their Images. To preserve images for a lifetime, it is recommended that the images be printed in physical form, since electronic files quickly become obsolete.

[15] Clients agree that Photographers’ liability for breach of this Agreement is limited to the amount paid under this contract. If Photographers cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, due to the Photographers’ illness or injury, or for any other reason, with or without fault on the part of Photographers, then Photographers will return any all fees to the Clients but shall have no further liability with respect to this Agreement. Photographers shall in no event be liable for consequential damages, emotional distress, or mental anguish. 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 with or without fault on the part of the Photographers. Clients acknowledge that the wedding will not be recreated for the purpose of additional photographs.

[16] Final payment is due 30 days before the wedding date. If the final payment is not timely made, late fees will begin to accrue 30 days after the due date at a rate of 18% per annum (1.5% per month) until paid. In the event any of Clients’ payments are returned for insufficient funds or any other reason not the fault of Photographers, Clients will be responsible for paying any and all bank charges. In addition, Clients will be charged a $150 administrative fee for any payments returned.

[17] Any disputes arising out of this agreement shall be resolved exclusively in state or federal court in Travis County, Texas. Before any lawsuit is filed, the parties agree to attend a full day of non-binding mediation at Lakeside Mediation Center in Austin, Texas and split the mediation fee. Any dispute arising under this Agreement is subject to Texas law.

[18] This agreement constitutes a final agreement and supersedes all prior agreements or understandings. Any representation not made herein is expressly disclaimed. Payment of the deposit constitutes Clients’ acceptance of these terms, without the necessity of signature, unless objection is made within 3 days of receiving these terms. The signing Client affirmatively represents that he or she has actual authority to sign on behalf of his or her fiancé/fiancée. Each and every term above is MATERIAL to Photographers’ agreement to photograph Clients’ wedding. By signing below, Clients affirmatively represent that they consent to these terms.

[19] ALL MONIES PAID (INCLUDING DEPOSITS) ARE FINAL AND NON-REFUNDABLE.  

 

 

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