TERMS & CONDITIONS
Wedding and Engagement
This is our complete list of Terms & Conditions and includes the protocol for various situations and indicates the method of how we like to do things. To help you better understand, we have included a basic summary of each point italicized in blue* beneath each section.
With that being said, if you have any questions about anything within the Terms & Conditions document below, please do not hesitate to contact Christian B. Meza at email@example.com or via mobile at 5208502252.
Bride and Groom listed above, or a 3rd party acting as the purchaser of stated services are hereinafter collectively referred to as “Client.” ChristianMezaMedia is hereinafter referred to as “CMM.” CMM is in the business of providing professional wedding photography and videography services and products and Client wishes to retain CMM’s services on the Wedding Date set forth in this agreement.
From this point on you will be called Client (just to make it faster to read) and we will be called CMM. We will be working on your wedding day that you have written on Page 2
2. Photography Services + Products Purchased
CMM agrees to provide the services and products included in the selected package(s), and the Client agrees to retain CMM and to purchase, CMM’s listed package price.
We agree to the contents of the package, or packages, you chose and are good with the overall prices
3. Amount Due
Should the requested task contracted to CMM exceed $1000, Client agrees to pay a $500 refundable deposit (refund granted should a cancellation were to occur) on or before the Wedding Date set forth in this agreement.
If your total is $1000 or more, you agree to pay a $500 refundable deposit to secure the date. If for some unlikely reason we must cancel or something happens where we just can’t work that day, we will refund you the $500 deposit.
4. Payment Schedule
The total amount owed is due in 2 installments as follows: (i) A refundable retainer/deposit of $500 is due on or before the official Wedding to secure the prescribed date on reserve for CMM.
Should CMM receive a request for another client to operate on the same day, the refundable retainer/deposit of $500 will be required to secure operation for Client’s official Wedding Day. CMM will contact the Client (with the contact information provided above) if such a situation were to occur. If Client fails to pay retainer fee after CMM contacts the Client about the other client’s booking request, CMM will no longer be held accountable for being reserved on the aforementioned date. (ii) A second payment of the remaining balance must be completed no later than one year (365 days) after the listed Wedding Date on Page 2 of this agreement.
We get asked to do several weddings and sometimes people ask on a day we have already committed. The $500 must be paid before or on your wedding day. If for some reason we have been asked to work for another client on the same day as your wedding and you still haven’t paid your deposit, we will get in contact with you immediately and tell you what’s up. If for some reason you can’t pay the $500 on or before your wedding day, we cannot guarantee we can work on your wedding day.
However, whatever remaining balance you have left to pay, you have up to a whole year to pay it off. It can be in monthly payments, it can be all at once – simply if it is paid before 365 days is up.
5. Late Fees
No late fees will be applied as payment by Client is binded to the terms mentioned in Section 4 of the Terms & Conditions. Should Client fail to make payments within given parameters or forecast an inability to pay both installments within given time parameters, alternative collection options may be available.
In the grand scheme of things, life happens. We understand that life is unpredictable, and our company does NOT thrive on money. If you don’t feel you cannot complete any of your payments within the time parameters, please let us know so we can make customized arrangements.
If the Client reschedules the wedding and CMM has the new date available, all money paid up until that point shall be transferred to the new date and the parties shall revise this Agreement accordingly to indicate the new Wedding Date. If Photographer is unavailable on the new date, it will be treated as a cancellation, discussed below.
If you decide on a different day for your wedding and we can be available that day too, we are good!
If you decide on a different day for your wedding and we DON’T have cannot be available for that day, the contract will be cancelled.
If the Client cancels the wedding or CMM’s services 90 days or more before the wedding, then any amounts paid will be refunded to Client, including the deposit. If the Client cancels the wedding or CMM’s services 89 days or less prior to the date of the wedding, all amounts paid (except the initial deposit) will be refunded.
You’ve got 90 days before the wedding to ensure that you really want us. If you cancel before 90 days, we refund everything.
8. Consultation + Cooperation
Client and CMM agree that it is imperative to engage in open and timely communication with each other about the plans, schedule and timeline of the wedding day events to ensure that expectations are understood and realistic and so CMM can perform to the best of their ability to provide the services as understood by both parties. Therefore, Client agrees to meet or converse via email, voice call, video call or text with CMM for preconsultation meeting within 3 weeks prior to the Wedding Date to discuss the specifics of the wedding day. Client is responsible for providing to CMM a written “shot request” list of the groupings of people and/or specific photographs/videos Client would like CMM to attempt to take during the wedding day. Client and CMM will discuss this list in detail so that both parties understand what is realistic based on the scheduling and timeline of the wedding day events. However, Client understands and agrees that CMM does not guarantee that all of the photographs/videos on the written shot request list will be taken at the wedding, just that CMM will make a reasonable attempt to capture the photographs/videos as requested and agreed upon between the parties. Client is also responsible for providing to CMM a schedule and timeline of the wedding day events and, together, CMM and Client will finalize the time for the first look, if applicable, formal portraits and any other specifics as discussed and agreed. Client understands and agrees that the schedule of the wedding day is imperative for CMM to have adequate time to capture the images/videos as discussed and CMM is not liable for missed photographs due to anyone’s tardiness or absence for any reason, including the bride, groom, their families, or any member of the wedding party.
Communication is everything!
We know that plans in a wedding can change close to the day and in a heartbeat. We will have a meeting within 3 weeks before the day to make sure we are on the right page.
We need a “shot list” and a schedule for the day. This will help us stay on time be in the right place at the right time.
We can’t guarantee we can get every single shot requested, but we will do our very best to get them all.
Lastly, we aren’t responsible for people not showing up for any reason, but we are always be there to help in whatever ways we can!
9. Exclusive Photographer
CMM will be the exclusive photographer/videographer on the day of the wedding, except for CMM’s second shooter, if applicable. Family and friends may also take photographs during the wedding, but they may not interfere with CMM’s work. Client agrees that CMM may ask guests to refrain from taking photographs at any time during the wedding day to prevent interference with CMM’s work.
We get it: everyone has cameras on their phones now, but we need to sure we get our shots first.
If the total wedding day coverage exceeds 5 hours, Client agrees to provide all CMM crew with a meal at the reception to be served immediately after the immediate family is served. Client understands and agrees that the timing is important so that the CMM can continue photographing/filming the wedding as discussed and agreed upon. It is Client’s responsibility to include the CMM crew in the final catering count.
Sometimes we shoot for up to 16 hours for a single wedding. If you need us for more than 5 hours then we will need some lunch to keep us fueled and ready for action!
11. Proofing + Ordering
Up to 90 days after your event, custom-edited proofs will be available for viewing in an online gallery and delivery of data USB flash drives will be delivered at that time. The online gallery will be available for 1 month from the date of the first publication, within which all orders must be placed. Client agrees and understands that CMM, in their sole artistic discretion, decides which images taken during the session or event will be edited and presented in the Client’s gallery; not all images taken during the session will be presented to the Client.
We will digitally send you your photos within 90 days of the event. They can be downloaded from this online gallery and will stay there for only a month. We will display only our best photos.
If Client is ordering an album or if an album is included in Client’s package, CMM will email proofs of the album layout and design to client between 30 - 60 days after Photographer makes the online gallery available. Client will have the ability to make one round of changes to the proofed layout. The album will be available for pick up or delivery to Client within 2-4 weeks after Client has signed off on the proofed layout. CMM is not liable for mistakes or delays in creating or delivering of the album caused by the lab or company producing the album. If Client wishes to make changes or place a reorder after Client has already signed off on the proofs, then all changes and reorders will be at the Client’s full expense.
Client agrees and understands that CMM edits the proofs at their own artistic discretion, and said editing is included in the package fee. Additional heavy editing, such as removing glare on eyeglasses, braces, acne, or weight reduction, will be charged at any extra rate of $20 per image as requested by the Client.
We already do some pretty epic editing, processing, re-coloring and post production. If you want us to do more, it will cost $20 for each image.
Due to the custom nature of prints and photographic art products, all purchased products cannot be returned and all money paid is nonrefundable.
We have a trusted printer to do our prints. They cannot be returned, however. Let us know if there is something wrong and we will consider additional arrangements
15. Archive and Storage
CMM archives all proofed images from each session for a period of 1 year from the date of the session/wedding. After that time, CMM deletes all proofed images from their hard drives and all external hard drives. CMM is not responsible for digital files once they are purchased and received by the Client. The Client is responsible for making electronic back-up copies of any digital files that are purchased from CMM and for keeping them in a safe place.
Some weddings can burn up to 250 gigabytes of hard drive space (which is a quarter of a terabyte) and that is extremely costly.
We will hold on to all your digital content for up to a year and then we will need to delete it to make room for all our continuing projects. At that time, you will need to have them backed up.
Please find us if you need assistance or guidance in backing up your files.
16. Force Majeure
CMM will not be liable to the Client for any loss resulting from an act of God, natural disaster (including but not limited to fire, earthquake, storm, hurricane, flood, lightning, tornado), an accident of any kind, an act of the public enemy, war, general arrest or restraint of government and people, civil disturbance or similar occurrence, terrorist attack, general disruption of the Internet, or general inability of national carriers to make scheduled deliveries.
We can’t be responsible if suddenly the apocalypse happens… Or at least anything out of our control.
17. Limitation of Liability
If CMM fails to provide the services hereunder due to reasons other than those listed in Paragraph 16 herein, Client’s recovery and CMM’s liability is limited to the total amount paid from Client to CMM under this Agreement and CMM will have no further liability to Client, regardless of the total amount of costs or damages claimed by Client. Client’s recovery is also limited to the total amount paid from Client to CMM under this Agreement in a situation where the digital files or film negatives are lost or damaged through camera malfunction, where CMM’s camera(s), memory cards or film negatives are stolen, or where CMM’s equipment is otherwise lost or damaged. If only a portion of images are lost, stolen or damaged, refund to client will be in reasonable proportion to the amount of lost files.
If we cannot do the job (except for reasons noted in paragraph 16) we will be liable to no more than the amount paid to us.
18. Assumption of Risk; Release of CMM
Client is responsible for and assumes the risk of injury to Client throughout the wedding day coverage. EXCEPT AS SET FORTH IN PARAGRAPH 17, CLIENT, THEIR HEIRS, ASSIGNS AND NEXT OF KIN, AGREE TO FULLY RELEASE CMM, AND CMM’s EMPLOYEES, CREW AND INDEPENDENT CONTRACTORS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LITIGATION OR OTHER ACTIONS THAT CLIENT MAY HAVE FOR INJURIES, DISABILITY, OR DEATH OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT, CONTRACT, BREACH OF WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF CMM, CMM’s EMPLOYEES OR INDEPENDENT CONTRACTORS.
19. Substitute Photographer
If the leading member of the CMM crew suffers from any illness or emergency and is sure to detriment the shoot for the day, every effort will be made to secure the services of a new professional photographer/videographer to cover the event. If a second shooter is already booked for the event, they will become the main photographer/videographer and an effort will be made to secure a new second photographer/videographer. In the event that no photographer/videographer can be booked, all money paid will be refunded.
If the highest ranking CMM operator during your shoot happens to suffer from any medical illness or injury that reasonably jeopardizes the wedding day, we will do what we can to find a realistic replacement.
If we have a second shooter, he/she will take over.
If there is no second shooter and we cannot find a replacement, we will refund all money, including the deposit.
20. Model Release
Client hereby grants to CMM and their legal representatives, heirs, and assigns, the irrevocable and unrestricted right to use and publish photographs of Client and Client’s likeness for marketing, advertising, portfolio, website, commercial use, and other purposes, in any manner and to edit and alter the same without restriction. Client hereby releases CMM and their legal representatives, heirs and assigns from any and all claims and liability relating to the photographs.
We often like to make posts, promotions, advertisements and update our portfolios with your photos/videos.
By signing this Agreement, you allow us unrestricted use of your likeness.
Client understands that CMM is the sole and exclusive holder and owner of the copyright of each image taken during the services provided under this Agreement and Client will not copy (including electronic copying, downloading, and screen printing), scan, edit, crop, or alter the images in any manner for any purpose. CMM retains all rights to the images, including but not limited to, the right to sell, copy, display, and/or publish any and all images, for any reasons, including but not limited to marketing, advertising, print competitions, and for use on CMM’s website and portfolio. Copyright protection is governed by federal law and any and all violators will be punished to the fullest extent of the law permitted. Should you request extensive use of our photos/videos for such modifications listed in this section, written permission will by the CEO of CMM: Christian B. Meza.
Any and all photos/video we take during your wedding will be under our copyright.
If you would like to make personal modifications to our photos or copy them for various use, please contact us directly.
We are pretty friendly about it, but we have strict copyright rules with our partners and sponsors.
22. Client Usage; Personal Use Only
Client understands that he/she is obtaining prints and/or digital files (or other products) for Client’s personal use only. Client agrees that he/she will not use any of the images from the wedding for commercial reasons, including but not limited to marketing, advertising or entering the images into a contest of any kind. If Client wishes to use any of the images from the wedding for commercial purposes, Client must contact CMM to discuss the terms of a potential commercial arrangement, though CMM is under no obligation to enter into any commercial arrangement.
You cannot use our photos and videos commercially unless we give specific written permission. We are usually flexible, but we just must check everything with our partners and sponsors.
23. Entire Agreement; Amendments
This Agreement is the entire agreement between the parties regarding this subject matter and supersedes all prior agreements and understandings related hereto. This Agreement can only be amended or modified in a writing signed by both parties, including any rescheduling or cancellations.
This agreement is the big cheese. All other agreements will be passed through this agreement first. If we need to fix something about it, we must both agree to it.
If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. Such notes will be declared in the REQUESTS & TEMPORARY AMMENDMENTS section at the end of this document
If something in this agreement simply cannot be met by realistic standards, it may be classified as void at the end of this agreement
25. Governing Law, Jurisdiction and Venue
This Agreement shall be governed by the laws of the State of Arizona, without giving effect to the principals of conflicts of law. The parties consent to jurisdiction and venue in the state and federal courts located in the State of Arizona.
The laws of the State of Arizona will apply to this Agreement.
26. Counterparts; Electronic Signatures
This Agreement may be signed in any number of counterparts, each of which shall be deemed an original, and all signatures together shall constitute one and the same agreement. This Agreement may be signed via fax, email or other electronic means, any of which will be fully binding as an original signature.
You can sign in person and electronically. Let us know if you need help signing it.
*Simplified text analysis in blue italicized text is not a legal interpretation of each or all statutes.