Contract Agreement cum Terms & Conditions

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Uploaded: 2018-01-10T10:43:57
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This Agreement is made effective for all purposes in all respects by and between The Wed Cafe having its office at 20, State Bank Colony, G. T. Karnal Road, Delhi-110009, hereinafter called “Photographer” and you hereinafter called “Client“.

Use of Images: Images are strictly produced for the client’s private home use only. Photographer hereby grants to the Client the following exclusive rights to use the Images for use as a personal demo, for the product or publication named in paragraph 1(a). These rights shall be worldwide, in all media and for the full life of the copyright. The Client is obtaining digital images for personal use only including non-commercial websites, and shall not sell said images or generate income from them in any form. If any of the Photographer’s images are published (on the web or any other media), proper photo credit of “Images by The Wed Cafe ” is required. If Client is obtaining a print for newspaper announcement of the wedding, the Photographer authorises Client to reproduce the print in the above manner. The Photographer shall retain the rights to use the images for publicity purposes on the internet websites or social media websites

Termination of Contract: In the event of a termination of this Agreement by the Client, the Client agrees that all fees already paid to the Photographer as of the date the notice of termination is received by the Photographer will be forfeited. Termination by the Client shall be in writing and sent by registered mail or email to the Photographer.

Modification of Contract: Any modification sought in agreement by the Client shall be in writing and sent by registered mail or email to the Photographer. The client agrees to pay all expenses and losses if any, arising out of a modification of the contract. The photographer reserves the full right to accept or not to accept those modifications in the contract, and it is at Photographer’s discretion.

Liability: The Photographer and any of his agents or third party associates will not be liable in the unlikely event that a problem arises, whether due to an accident, loss of materials, acts of god, equipment or other failures. The Photographer has working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. The Photographer is not responsible for the loss of, or interference with, the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, and the like. This limitation on liability shall also apply in the event that photographic materials are damaged in processing (film and digital), lost through camera malfunction, lost in the mail, fire or otherwise lost or damaged without fault on the part of the Photographer. The client understands the unpredictable and non-posed nature of photojournalism (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to the unintentional infliction of emotional distress and negligence). In the event the Photographer fails to perform for any other reason, the Photographer‘s liability is limited solely to the return of all payments received from the Client or part thereof according to the percentage of images supplied under this Agreement.

Warranty and Indemnity: The Photographer warrants and represents that he is the sole creator of the Images and owns all rights granted under this Agreement, that the Images are an original creation (except for materials obtained with the written permission of others or materials from the public domain), that the images do not infringe any other person’s copyrights or rights of literary property, nor do they violate the rights of privacy of, or libel, other persons. The Client agrees to indemnify and hold harmless the Photographer against any claims, judgments, court costs, attorney’s fees, and other expenses arising from any alleged or actual breach of this warranty.

Permissions to Photograph: It is the sole responsibility of the Client to secure the permission of the synagogue, temples or other venues of the wedding for the Photographer to photograph the ceremony/event. The Client shall ensure the placement of the bridal party, the officiant(s) and the altar decorations so as to not obscure the view of the bride and groom. The Photographer will abide by the rules of the church/synagogue/temple in regards to camera placement at the ceremony. Many private venues/businesses are charging a photography permit fee. The client is responsible for the payment of such a fee. In the event clients fail or refuse to pay for any such permit fee despite having been informed by the Photographer that such fee is required, the client is responsible for any and all related costs or fines if applicable.
Saftey: Photographer reserves the right to terminate coverage and leave the location of the event(s) if the photographer experience inappropriate, threatening, hostile or offensive behaviour from person(s) at the event(s); or in the event that the safety of the photographer is in question.
Responsibilities: Photographer is not responsible for compromised coverage due to causes beyond the control of the photographer including but not limited to obtrusive guests, the lateness of client or guests, weather conditions, schedule complications, incorrect addresses provided to the photographer, rendering of decorations, or restrictions of the locations.

Artificial Lighting: The Photographer makes no guarantee, either expressed or implied, in regard to the quality of the Images, if the artificial lighting provided by the clients at the venue is unsuitable or too dark for photography or filming. The photographer is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. It is strongly advised by the Photographer to avoid any use of coloured LED lighting or any other form of coloured or flickering lighting in the ambient areas, sitting areas or performance areas for the wedding. Coloured lighting if any should be restricted to the peripheral decorations only. Bright and even lighting should be provided in all ceremony and guest areas. The Photographer does not use a flash for shooting candid or creative shots.

Final Product: It is also understood that the Client is hiring the Photographer for his technical and artistic expertise and, therefore, the Photographer reserves the right to edit the Images as he sees fit. The Photographer does not guarantee that everyone involved in the event will be photographed or will be included in the final Images.

Photographer Substitution: The Photographer may substitute another photographer to take the photographs in the event of a Photographer’s illness or circumstances beyond his control. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional. Under normal circumstances, a second photographer from the Photographer is there for the day anyway and this photographer will then shoot the day on his/her own. If both photographers are unavailable and a replacement photographer cannot be found then liability is limited to a refund of all payments received from the Client or part thereof according to the event covered under this Agreement.

Exclusive Photographer: The Photographer and videographer shall be the exclusive retained by the Client for the purpose of documenting the wedding and other contracted event(s). Family and friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere (standing in front of or behind the photographer), with the Photographers. It is most preferred when all guests are requested not to photograph the wedding.

Coordinator: Due to the nature of the typical wedding day and the variety of events taking place in several locations, the photographer will frequently move, change and secure his pieces of equipment throughout the day. It is likely that the photographer is not in proximity as the couple, therefore, is not aware of what is about to be taken place. It is the responsibility of the wedding coordinator/planner to inform the photographer when the next major event is about to take place. For example, starting with a ceremony, first dance, cake cutting, toss of bouquet…etc. In addition, the designated person shall be responsible for organizing and tracking all pose photos that are required. The photographer is there to take photos of all groups in front of him but cannot be responsible for organizing and tracking all the groups.

Electricity outlet and place for equipment: 5amps/220-230 volts has to be provided at reception ceremony location along with a 4’x2’-table to set up our audio recording devices and laptops.

Audio Systems/ microphones etc: It is most advisable to use a collar or lapel microphone(for bride/groom/priest) for all ritual ceremonies, as the wired microphones cause visual interference while shooting. Also, the DJ/Sound in charge of the ceremonies has to keep provisions for direct audio input for our audio recording devices.
Working Hours: Photographer service for a wedding event is for a maximum of 10 hours, or earlier when the event gets over, and (a) not beyond 4 AM when the wedding is a night event, (b) not beyond 4.30 PM when the wedding is a day event. Coverage of the vidai ceremony will be at the wedding venue only. Coverage of the home entry of the bride after vidai is treated as a separate event from the wedding and would be on a chargeable basis if requested.
Photographer service for wedding-related other events (e.g. Engagement Sagan, Sangeet, Mehendi, Cocktail etc.) is for maximum of 5 hours or earlier when the event gets over and (a) not beyond 12 AM when an event is an evening event, (b) not beyond 4.00 PM when an event is a day event.
Photographer service for wedding-related other rituals (e.g. Haldi Choora, Sianth, Tel Baan, Chaak, Bhaat etc.) is for a maximum of 2 hours or earlier when the rituals get over.
An extra hourly charge of INR 5000/- would be levied after this time duration or time. Any change in the above timing schedule is made it should be settled in advance.

F&B: The entire Photography crew will have some food and beverages which has been arranged for guests during the event in the guest areas only.