1. ENTIRE AGREEMENT: This Agreement contains the entire understanding between DANA TRABUCCO STUDIOS, 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 signed by the parties.
2. RESERVATION AND DEPOSIT: Upon your signature, DANA TRABUCCO STUDIOS 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 1/3 is non-refundable, even if the date is changed or the wedding is cancelled for any reason, including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at the time of the signing this Agreement and will be applied toward the contracted wedding photography package. The CLIENT understands and agrees that the amounts due are to be paid on time, including that the entire amount owed for the wedding photography package described in the contract is due 30 days prior to event. If any payments are late, DANA TRABUCCO STUDIOS shall have the right to terminate this Agreement in writing upon three (3) days notice and an opportunity to fully cure the lack of payment by the CLIENT. If the Agreement is terminated, all payments received prior to the termination are to be retained in full by DANA TRABUCCO STUDIOS, which also shall have the right to attempt to book another event for the planned wedding date.
3. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. DANA TRABUCCO STUDIOS is not responsible for missed images due to details or specific requests not revealed to DANA TRABUCCO STUDIOS. DANA TRABUCCO STUDIOS recommends that the CLIENT fill out an "Event Guide" (i.e. wedding day worksheet) to point out important individuals to the photographer whom the CLIENT wishes to include in formal, informal or candid photographs.
4. 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 involved. The CLIENT and DANA TRABUCCO STUDIOS agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time.
5. HOUSE RULES: In the event that the photographer is limited by the guidelines of the ceremony official or the reception site management, the CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the CLIENT'S responsibility, although DANA TRABUCCO STUDIOS will offer technical recommendations.
6. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by DANA TRABUCCO STUDIOS are protected by Copyright Law (all rights reserved) Upon final payment by the CLIENT, SHARED copyright ownership of the resulting images will be transferred to the CLIENT under the following conditions:
The negatives and/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 only.
No editing or alteration by the CLIENT, the CLIENT’S friends, relatives or others shall be done to the photographs/digital negatives.
7. MODEL RELEASE: The CLIENT hereby assigns and grants DANA TRABUCCO STUDIOS and its owners/operators, assigns and legal representatives the irrevocable and unrestricted right to use and publish photographs and images of the CLIENT, Bride, Groom, all family members and guests for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases DANA TRABUCCO STUDIOS and its legal representatives and assigns from all claims and liability relating to said photographs and images. It is agreed that DANA TRABUCCO STUDIOS may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by DANA TRABUCCO STUDIOS.
8. COMPLETION AND DELIVERY SCHEDULE: Digital processing takes approximately 8-10 weeks within queue. DANA TRABUCCO STUDIOS does not retain digital raw files. The Company retains digital JPEG files for a period of one year from the time of The Event.
9. PAYMENTS: Time is of the essence with respect to the payments due DANA TRABUCCO STUDIOS. Payment may be made in cash, check or by Venmo. Any returned checks will be charged a $40 fee, and all remaining payments are then due and owing. The CLIENT shall pay DANA TRABUCCO STUDIOS compensation and fees totaling the amount relating to "Package Description". A payment terms schedule will be provided to the CLIENT so that the CLIENT knows payment amounts and due dates. Upon signing the contract, 1/3 of the total contract is due. The remaining payments are due from CLIENT to DANA TRABUCCO STUDIOS 60 days and 30 days from the event.
10. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, DANA TRABUCCO STUDIOS cannot place an unconditional guarantee on the above. DANA TRABUCCO STUDIOS will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of DANA TRABUCCO STUDIOS' control.
11. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. DANA TRABUCCO STUDIOS will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a 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. DANA TRABUCCO STUDIOS takes the UTMOST care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of the CLIENT’S photographs cannot be taken, or are lost, stolen or destroyed for reasons within or beyond DANA TRABUCCO STUDIOS control, the latter’s liability is limited to the return of all payments received for the event package. This limit of liability shall not exceed the contract price stated herein. 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. The performance of this Agreement on behalf of DANA TRABUCCO STUDIOS is also contingent upon, and/or may be excused upon, acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control. Furthermore, except as stated herein, both parties (including on behalf of the Bride, Groom and their families) agree to waive and release each other, and all of their representatives, from all claims of harm or damages related to or arising from this Agreement, including all tort claims, claims for emotional distress, and all claims of consequential or indirect damages, including loss of reputation, profits, use or income.
12. AMENDMENTS: This Agreement has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the CLIENT and DANA TRABUCCO STUDIOS at the time of acceptance of this contract shall be recognized as amendments to this Agreement.
13. REPRINT ORDERS: Prints of photos may be ordered directly from DANA TRABUCCO STUDIOS’ professional lab.
14. EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that DANA TRABUCCO STUDIOS will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guest’s cameras may ruin shots taken by DANA TRABUCCO STUDIOS, the CLIENT acknowledges that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer are in session if it interferes with the professional photography time that is for the exclusive use of DANA TRABUCCO STUDIOS to capture the wedding images. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted during designate photography sessions. DANA TRABUCCO STUDIOS will allow guests to take snapshots during the processional and recessional, during candid events at the church and reception, and at the altar during the time DANA TRABUCCO STUDIOS’ equipment is being packed up. In return for this consideration DANA TRABUCCO STUDIOS insists no other guest photography take place when or where DANA TRABUCCO STUDIOS is working. No other guest/photographer using professional equipment will be allowed by DANA TRABUCCO STUDIOS at any time during the wedding.
15. At the wedding reception a meal and seating will be provided for all photographer(s) in the same room as the guests.
16. Travel Expenses: Travel expenses are charged to the client for events outside of the Lancaster area that are sixty (60) minutes or more in travel.. Any travel fee relating to the shoot as described in Package descriptions is included in the final Package Price. Travel expenses are based on location, mileage or airfare, subsistence and lodging for overnight stays.
16. Miscellany: This Agreement incorporates the entire understanding of the parties. Any modifications to this Agreement shall be in writing and signed by both parties. This Agreement shall be governed by the laws of the State of South Carolina. All sales are final. A signature by The Client indicates an understanding and agreement to all terms herein, and acknowledgement of the receipt of a complete copy of the Agreement.