Terms and conditions may be updated as the need arises. For the most up-to-date terms and conditions, please check the appropriate contract for your requested service on the FORMS section of the website.
Terms & conditions for PORTRAITURE as of 2/1/2015:
1. Your session fee pays for the time and talent of the photographer and is non-refundable. Client understands that they have paid for a set time and date, and should therefore arrive in enough time that sessions may begin at the starting time. Session end times will NOT be extended for late arrivals, and clients more than 15 minutes late forfeit their session and fee.
2. Session includes basic color correction for crop, exposure, etc. Advanced editing (i.e. “photoshopping”, head swaps, object removal, etc.) is not included as part of your session fee. Such requests will be charged at the standard editing rate to be quoted in advance of any advanced editing work.
3. The Federal Copyright Law protects copyright. It is unlawful to copy or scan any images without permission of the photographer.
4. Client shall indemnify and hold harmless Choice Media Productions LLC from any and all harm, claims, damages, and actions arising out of client’s use of the materials provided to and/or purchased by client.
5. By signing this portrait agreement you are agreeing that you have fully read and understood the above and that you are of legal age and sound mind to enter into this agreement.
Terms & conditions for WEDDING SERVICES as of 2/1/2015:
1. CMP agrees to produce PROJECT for CLIENT in exchange for valuable consideration as specified in this document.
2. “Videography” means all videographic material (whether tapes, DVDs, electronic/digital formats or otherwise) and “Photography” means all photographic material furnished by CMP, 316 Sequoia Court, Bowling Green, KY 42104, phone: (270) 792-1528, website: www.choicemediaproductions.com.
3. EXPECTED ATTIRE: Representatives of CMP agree to attend in business attire such as a suit for men and a business suit/dress/dressy pants outfit for women.
4. PAYMENT TERMS: All payment for services and materials provided by CMP hereunder shall be made as follows: $150 deposit per service ($300 deposit required if both photography and videography are booked) to book the date unless specified otherwise, with 100% of remaining balance due not later than two weeks prior to the wedding date. Payments may be made early, but all monies received by CMP are non-refundable. Late charges may be added at $10 per day for late payments and returned checks will be charged $25 per occurrence. CMP is not obligated to accept certain modes of payment. The CLIENT agrees to make payment to CMP by cash, check, money order, or major credit card via PayPal.
5. Upon taking possession of the finished product, CLIENT must inform CMP of any technical or other problems with the video or disk within 30 days. After 30 days, if no notification has been received, the CLIENT will be deemed to be satisfied with the product.
6. CMP will provide up to two hours of re-editing within the first 30 days following delivery of PROJECT at no additional charge to CLIENT. If additional re-edits are desired on top of the included two hours or after the 30 day period, standard editing rates of $50 per hour will apply.
7. If either or both the event date and/or event location are changed, CMP is not obligated to honor the changes, but will make every attempt to honor any location change within 50 miles of Bowling Green, Kentucky. CLIENT is urged to contact CMP as soon as possible to try to secure the new date and/or location.
8. CLIENT shall indemnify and hold harmless CMP from any and all harm, claims, damages, and actions arising out of CLIENT’s use of the materials provided to and/or purchased by CLIENT and from any and all harm, claims, damages, and actions arising out of breach of this Agreement and from any and all harm, claims, damages, and actions arising out of CLIENT’s actions with respect to third parties. This shall include CMP’s right to claim attorneys’ fees and costs that CMP may incur in defending any claim or action against it or in pursuing any action to enforce any aspect of this Agreement.
9. CLIENT may not assign or transfer this agreement. This agreement binds and ensures to the benefit of CMP, CLIENT, CLIENT ’s principals, agents and affiliates, and their respective heirs, legal representatives, successors and assigns. CLIENT and its principals, agents and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by both parties.
10. Failure on the part of a cameraperson and/or photographer to show up at the wedding (despite proper payment by CLIENT), given full payment has been received, will result in all monies being refunded to CLIENT.
11. CMP’s liability for all claims shall not exceed the total amount paid by CLIENT to CMP.
12. In the event that more than one client wishes to book wedding services on the same day, preference will go to the first client to pay the deposit. Rescheduled weddings will only be accommodated if the new date does not conflict with another booked wedding.
13. Upon signature and receiving the deposit, CMP reserves the time(s) and date(s) agreed upon. CMP will be the exclusive professional videographer and/or photographer. Friends and family are permitted to operate video and/or photography cameras on the condition that they do not interfere with or get in the way of professional coverage. Any breech of this agreement will constitute a reason for non-completion of the job with no liability to CMP and will result in the loss of monies paid.
14. The CLIENT whose wedding event(s) to be filmed/photographed is/are located more than 50 miles from Bowling Green, Kentucky agree to pay up to but no more than $1 for each mile over and above the round-trip mileage of 100 miles. If travel is required by the cameraperson and/or photographer between event sites, the mileage is included in the total roundtrip mileage. In addition to mileage payments, the CLIENT whose event site(s) is/are located more than 200 miles round-trip from Bowling Green, KY agrees to pay up to but no more than $100 per night to cover the cost of a hotel if a) events to be taped are on different days and/or b) if the events to be taped finish after 9 p.m. CST. Should both a photographer and videographer be contracted through CMP, every effort will be made for the videographer and photographer to travel together. In the rare instance that this is not possible, the CLIENT may be charged for the additional travel expenses at the specified rate for both videographer and photographer if over and above the specified 50 mile radius.
15. Except as otherwise specifically provided herein, all videography and/or photography and rights therein, including copyright, remain the sole and exclusive property of CMP unless waiver is purchased. Any additional uses require the prior written agreement of CMP on terms to be negotiated. Unless otherwise provided herein, any grant of rights is limited to the private use of videographic and/or photographic material purchased by the individuals. CMP retains the right to further use any images/footage at their discretion for the purpose of advertising, display, or any purpose thought proper by CMP without compensation. Additionally, CLIENT assumes all responsibility for needed licensing for audio content if used in photo and/or video product(s). Agreement to the terms of this contract shall serve as a model release.
16. CLIENT will not make or permit without the signed written agreement of CMP any alterations, additions, subtractions in respect of the videography and/or photography, including without limitation any digitization or synthesization of the videography, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known.
17. EMERGENCIES: Weddings cancelled due to serious injuries, serious illness or death to the CLIENT or their immediate families will cause this agreement to be null and void. Serious injury or illness is defined as injuries or illness requiring hospitalization or rendering the person physically unable to attend the wedding. CMP will return any deposits made and will not charge for time or material expenses incurred while preparing for the shoot. Likewise, serious injury, serious illness or death to an officer or employee of CMP, or their immediate families will cause this agreement to be null and void. CLIENT as well as CMP must produce documentation in writing of the injury, illness, or death that states the relationship of the patient/victim to the CLIENT/Videographer/Photographer and the letter must be signed by an attending physician, charge nurse or funeral director, or copy of a death certificate in case of death. For the purpose of this agreement immediate family will consist of parents, stepparents, brothers, sisters, spouses, children, stepchildren, grandchildren and grandparents, bride, groom, and the CLIENT. Either party may invoke this clause up to five days prior to the wedding and extending to such a time that the wedding would have been concluded.
18. CMP will not be held liable for any production problems beyond our control, e.g. bad weather, accidents, poor acoustics/lighting, interference from guests, etc.
19. In rare cases a venue may charge fees to vendors (or the couples that hire them) if the vendor is not on the venue’s preferred vendor list. CMP is not liable for any vendor fees or surcharges required by the CLIENT’s wedding venue. CLIENT agrees to pay directly to the venue any such fees. Failure to pay such fees to the venue may result in CMP not being allowed onto the venue premises, in which case taping is impossible and CLIENT forfeits the entire payment for videography and/or photography. If taping/photography occurs but a vendor fee assessed to CMP remains unpaid by CLIENT after the wedding, videography and/or photography will not be delivered until and unless such fees are paid by the Client.
20. Monies received are non-returnable (see exceptions in section ).