Terms and Conditions
It is understood that Chic Aerial Photography/Pappa Bear Photography (herein referred to as Photographer) is/are the exclusive official photographer/s retained to perform the photographic services requested in this Contract. Refer to the collection information document for details regarding the number of photographers contracted for your event. If you have not yet chosen a collection, you may do so at any time prior to any applicable pre-wedding sessions, or three (2) months prior to event date. If you have chosen a custom or a la carte collection, please refer to the document indicating the details of a custom collection.
Payment Policy: A non-refundable retainer of 30% is required to reserve the Photographer for your event on the date specified above. This amount will be applied to the total contract price. The remaining amount will be due in two installments with 1/2 of the balance due no later than two months before the wedding date and the remaining balance due one month before the specified date of the event. For wedding dates within 4 months of the contract date, a non-refundable retainer of 1/2 of the contract price is required to reserve your date with the balance due 30 days before the date of the event. All retainers, deposits and payments are non-refundable 2 weeks before the wedding. Wedding images and albums will not be delivered to the Client until the contract is paid in full. Client will give verbal confirmation of their desire for Photographer to continue photographing the event for a longer duration than contracted. Additional hours will be billed at $100/hr.
Late Fees: Wedding retainer fee payment deadlines are outlined in the package information document. The photographer reserves the right to charge a $25 late fee for each payment received past the due date. Payments made by check payment online by 11:59 pm on the date due are considered timely. There is an additional charge for wedding payments made by credit card. Please ask the photographer for details.
Copyrights: As the author of all images made hereunder and as provided for by United States Copyright Laws, the Photographer shall retain the copyrights in perpetuity, regardless of possession or ownership of photographs, digital files or any other format of reproduction. In accordance with United States copyright laws, written consent from the photographer/s is required for Client to reproduce any of the images associated with this contract. Such written consent is included in most of the wedding collections. Client recognizes and agrees that the Photographer may reproduce, publish (including internet), exhibit and otherwise use images created hereunder, without specific identification of persons or events, (1) as samples of work to be shown to prospective clients, (2) for instructional purposes, (3) as samples of work for marketing or competition.
Requested Photos: While the Photographer will make every reasonable effort to take photos specifically requested by Client, Client understands that this is an uncontrolled event and that due to the uncertainties of the weather, available light, time restrictions, and willingness of subjects, the Photographer cannot possibly guarantee that ALL requested photos will be taken.
Cancellation: Upon acceptance of these terms, the Photographer will reserve the time and date for Client and will NOT make any other reservations for that time. For this reason, the retainer is non-refundable, even if Client cancels the order for photography, or changes the date of the event. If the Client wishes to transfer the wedding date and Chic Aerial Photography is available; the date may be transferred if both parties agree to the transfer, additional fees may apply.
Limitation of Liability: While every reasonable effort will be made to produce and deliver outstanding images of the event, the Photographer’s and the Studio’s entire liability to Client for any claim, loss, damage or injury arising under or relating to the Agreement or the Photographer’s performance hereunder, including the negligence of the Photographer, is limited to a refund to Client of all fees paid for services. In the unlikely event of personal illness to the photographer, all reasonable efforts will be made to find a suitable replacement photographer. If Client rejects substitute photographer, Client may terminate this agreement and receive a full refund of the retainer paid to the Photographer. This limitation of liability shall also apply in the event that photographic equipment or materials are damaged in processing, lost through camera malfunction, mail, or any other incident without the fault of the Photographer.
Damage or Destruction to Photographic Equipment: If any photographic or other equipment used by the Photographer during the course of the specified wedding is damaged due to malicious intent or gross negligence by the Client, invitees, guests, affiliates, friends, family members, or any other person hired by the Client in connection with the wedding, the Client may be required reimburse the Photographer / Studio in full or in part for the cost of any repairs or replacement, including insurance deductibles. Normal wear and tear or equipment damage due to accidents by any party are not the responsibility of the Client.
Proofs: Proofs should not be construed as an indicator of quality of the final product. Final print images may have additional retouching applied for a consistent and pleasing presentation. “Proofs” means the images are selected by the Photographer at his/her sole discretion for presentation or delivery to Client. Such selection shall constitute all images that will be made available to Client and, once selected, shall be deemed as fulfillment of the Proofs section of the package. Proofs may or may not include artistic enhancements or touch-ups. Digital files are retained on the Photographer’s computer systems for 24 months.
Website: A presentation of the proof images is ordinarily made available online within four weeks following the event. Online gallery is available for a minimum of 60 days. A preview may also be made available on a social media platform.
Wedding Albums: To ensure that your album is delivered in a timely manner, the photographer may create a digital layout of the album design. After receiving layout proofs, client has 45 days to provide their revisions to Photographer for inclusion into album. If client does NOT provide their revisions in writing, or email, within the 45 days, they forfeit any choices of images included in the album. The custom designed album is usually ready 10 – 15 business days following client approval of layout. Any album designs not approved within 4 months of the date of the wedding will be subject to a $2 per day price escalation and album design storage fee until the client gives approval of the design.
Prints: If your engagement session or bridal session includes a print(s), you have 45 days from the date of your portrait session to choose the print(s). If you do not contact the photographer within 45 days with your print selection(s), the photographer reserves the right to select a print(s) for you and mail it to the address on file.
Photographer’s Assistant: In some cases, the photographer may bring an assistant to the event who may or may not photograph the event as well. However, the presence of a photographer’s assistant is not guaranteed by this contract unless the Package Information Sheet states otherwise. If a Photographer’s assistant is present at the event, the assistant retains the exact rights and limits to liability as the Photographer as stated in this contract,
Meals: A meal equivalent in quality to that offered to other wedding quests must be offered to the photographer(s) and any assistant(s), along with a place to sit down to eat, for any events that the photographer is contracted for more than six hours. You may provide a “vendor’s table” for your photographers and other non-catering guests during a suitable mealtime, or the venue may provide a side area in the same room as the wedding party. This is to ensure that the photographer/s are always available when needed. Please be sure to indicate if alternate arrangements must be made.
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No part of any order will be delivered until the balance due is paid in full.
Contact
719-508-0426
support@chicaerialphotography.com
Serving Colorado and Wyoming