TERMS & CONDITIONS
DeVuono Photography: Terms and Conditions
DeVuono Photography: Refers to Chris and/or Leslie DeVuono as photographer(s) or sub-contractors only if previously approved by the client.
Client: Means the person(s) listed on the booking form.
Subject: the person or property being photographed on behalf of the Client. If not identified the subject is understood to be the client(s).
Photographic Works: Any work created by the Photographer, which may include, but is not limited to; templates, processes, photographic albums or prints, and digital images.
License: A right granted by DeVuono Photography to the Client to use their copyright works according to the terms set out below.
Order: An order placed by the Client to produce Photographic Works as set out in the contract or via later correspondence.
Event: Includes a wedding or portrait session or any other specific event for which the Client has placed an Order and the Photographer has set aside a specific date or time to meet with or do work for the Client.
This agreement contains the entire understanding between DeVuono Photography and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, providing, the document is signed by all the relevant parties. By signing this agreement, the Client accepts and agrees with the terms set out below. 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.
DeVuono Photography and the Client agree to cheerful cooperation and communication for the best possible result for the Event. The Client is responsible to ensure other services and guests will not interfere with DeVuono Photography’s ability to fulfill their contractual obligations. The Client will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. DeVuono Photography will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s). Any defect in the Photographic Works due to any breach of this clause is entirely the Clients responsibility and cost, and shall permit the Photographer to add restrictions to the use and publication of the Photographic Works. The Client also agrees that DeVuono Photography shall be the sole photographer contracted by the Client, paid or unpaid, for the Event. No other photographer, professional or amateur, is permitted to photograph while DeVuono Photography is providing services unless otherwise mutual agreed upon prior to the noted wedding date.
OWNERSHIP & COPYRIGHT
DeVuono Photography retains the copyright for all Photographic Works at all times throughout the world. Where photographs have been provided to the bride and groom as part of their wedding collection, these photographs can be printed and displayed online for personal use but not commercial use. DeVuono Photography retains the right in all cases to use the photographs in any manner at any given time and in any part of the world for the purposes of advertising or otherwise promoting their work unless otherwise discussed and agreed with the client. DeVuono Photography commonly displays sneak peeks and shares images on social media. If this is something the client is not keen on its important to inform the photographer prior to the Event.
RESERVATION & PAYMENT
Upon signature, DeVuono Photography reserves the time and date agreed upon, and will not make any other reservations for that time and date. For this reason, a non-refundable reservation deposit of $500 is required and due upon signing of this agreement. The reservation deposit of $500.00 is non-refundable, even if the date is changed or wedding cancelled for any reason, including acts of God, fire, strike, extreme weather. The reservation deposit is applied towards the contracted wedding photography package. The client(s) agrees that full payment for services must be paid before the wedding day prior to any services rendered with 50% of the balance owing due at least 60 days prior. All additional orders or services contracted outside the agreed upon package such as but not limited to albums or prints etc. and/or any overtime must be paid in full when requested.
It is strongly recommended that the client(s) schedule a pre-event consultation before the Event to finalize times, locations and any other final details. This consultation can occur in person, at venue, or via phone/video conferencing dependant on availability of both the client and DeVuono Photography. An Event schedule will be provided to DeVuono Photography a few weeks prior to the Event in addition to a detailed list of any people they wish to be photographed with.
Event & Service
On the noted Event date, the hours stated shall begin and conclude as per agreed upon and be considered the maximum duration of coverage and must be taken consecutively. Photographic coverage includes, but is not limited to; photographing, driving between locations, waiting, breaks or any other activity related to the Event. If requested onsite, overtime will be billed, and is to be paid at the overtime rate of $300 per hour. In certain venues the photographer’s movements are sometimes restricted by rules, management, other vendors or by a booked videographer. Therefore, from where the photographer is able to cover the ceremony may not be the photographers choice and the photographer cannot accept responsibility for any obstructed view should this be the case. A meal is not required for the photographers but if the client would like to provide a meal it is always appreciated. If a meal is to be provided please ensure photographers are away from the wedding party where possible, e.g. at a bar or restaurant or separate room. If a meal will not be provided DeVuono Photography will be allowed 30mins during the day to have dinner (usually when the wedding party are having their meal).
A travel fee (60 cents per km) is charged when round trip travel from our location exceeds 100 km. These travel fees are quoted on an individual basis. All such travel fees and other charges (i.e. accommodations, meals, if required) will be added to the contracted amount for service and due at time of full payment.
LIMITATION OF LIABILITY
The client(s) agrees that DeVuono Photography shall not be liable for any personal injury, loss or damage to property occasioned by any act or omission of the Photographer(s). The client acknowledges and agrees that the liability of DeVuono Photography, its photographers, no matter howsoever caused, is limited to the following: Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical, photographic or hard drive failure. In the event of cancellation of this contract by DeVuono Photography, the liability shall be limited to the total original Event photography value agreed by both parties at time of booking. Neither party shall be liable for indirect or consequential loss. In the unlikely event that DeVuono Photography is unable to attend your Event due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the Event photography to his/her best ability or will provide a refund for the total original Event photography value agreed upon but is not liable for any additional indirect or consequential loss.
All image sizes are approximate and will not be watermarked or restricted in any way. They will be adjusted for exposure, brightness, contrast, sharpness and regular print reproduction. The photographers judgment regarding these corrections and the number of images put forward to the client shall be deemed correct. The photographer will edit the images to what they feel is an acceptable high standard. It is sometimes not possible to record on camera or in print the exact colour as seen by the human eye. There is no right to reject on the bases of style or composition. There is a limited amount (approx. 6 images) of extra retouching, digital manipulation artist finishing and changes from b&w to colour or colour to b&w available to the client at NO additional cost. DeVuono Photography reserves the right to decline any further processing and retouching services after delivery to the Client. Please note all the images you find on our website to date are exactly what we have sent to the clients and have all been edited to the standard we feel is acceptable.
DeVuono Photography agrees to have digital images completed within four to six weeks of the noted Event date and will deliver these images at minimum via mobile file access if not USB. Any additional Photographic Works will be subject to supplier delivery schedules and delivery date will be discussed at time of Order.
Once the Client receives the Photographic Works, the Client assumes all responsibility for archiving and protecting any digital files related to the Event. The Photographer will archive the RAW digital files for up to 1 year after the Event, and the delivered JPG’s for 2 years after the Event but does not permanently archive these digital files. The 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 the data provided. It is the Client’s responsibility to make sure that digital files are copied to new media and backed up as required. The Photographer strongly recommends keeping at least one archival back up of your digital files in a different location (e.g. online backup).
The Client agrees that 100% (one hundred percent) of the payments paid are forfeited if this agreement is broken, cancelled or terminated prior to and including the noted Event date. The photographer holds the right not to photograph the wedding if any of these mentioned above have not been completed. The photographer also holds the rights not to release any Photographic Works if this is the case.
These terms and conditions are agreed with any booking for DeVuono Photography’s services. Terms & Condition’s may be subject to change.