The person(s) whose signature(s)/acknowledgment appear on this contract, known as “Client”, agree that The Wedding Fellows (TWF), shall provide services to photograph/cinematograph their wedding and related events to the best of their abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. Client assumes responsibility for all collection costs and legal fees incurred by TWF should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
If for any reason Client cancels this contract before the wedding date, TWF will keep the retainer. Cancellation must be made in writing, e-signed by the contracted party, and sent via Email to official mail of TWF. If Client fails to supply written cancellation (email) as specified before the wedding date or cancels within 30 days of the wedding date, Client shall be required to pay the full balance due.
In the event that Client reschedules the wedding and TWF is able to rebook the original wedding date, Client will receive credit for all monies already paid. A new contract may be required. The new package price will reflect pricing in effect when the date change occurs. In the event that Client reschedules the wedding and TWF is not able to rebook the original wedding date, Client forfeits the retainer but will receive a credit for all other monies paid. Credit may be applied to wedding coverage within one year of original date provided TWF is available.
If TWF or their agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if they cannot provide another competent professional, all money received by TWF will be returned to Client, and TWF shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
Upon receipt of a photo/video DVD/Online copy, Client accepts all responsibility for archiving and protecting the photographs/video. TWF does not permanently archive image/video files. TWF is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client’s responsibility to make sure that digital files are copied to new media as required.
Unless agreed upon in advance, TWF shall be the exclusive photographer/ videographers retained for the event. TWF may bring one assistant at their discretion. Other vendors as well as semi-professional photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions. Wedding guests may take photos, but it is the responsibility of Client to prevent family and friends from interfering with TWF’s duties. TWF is not responsible for compromised coverage due to causes beyond their control such as other people’s camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiate. TWF is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. Client agrees to confirm the schedule one-week prior to the event and to send the TWF a copy of the invitation prior to the wedding. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up email for documentation. If email is sent, confirmation of receipt must be obtained.
Ensuring the appropriate behavior of all guests and other persons at the wedding and other events covered by TWF shall be the responsibility of Client. In the event TWF or their employee experiences any inappropriate, threatening, hostile or offensive behavior from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a family member of the client; second offense: the offending person will be required to leave the wedding or event; third offense: TWF will end wedding coverage immediately and leave the event, TWF shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold TWF harmless as a result of incomplete wedding or event photography coverage.
TWF will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the wedding day and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographers to be substandard or duplicated may be edited out. TWF will use their professional judgment and discretion to select which photos to deliver. It is also applicable for Cinematography. TWF will be empowered to edit photographs or videos to their best possible extent.
Coverage time will be read as the specific period during which TWF would render their devoted service to the Client per day per occasion. The coverage time would be as per the duration mentioned in the agreement. Any viable add-ons would be considered to maximum extent of 1 hour only. Additional hours beyond the accepted time limit would attract additional cost.
Any deliverables apart from mentioned particulars in the agreement will be subject to discussion with TWF.
Being the services provided by TWF are part of creative work and each deliverables goes under various processes to achieve its final look, there are no certain date which can be provided however based on the experience, a minimum of 60 days and a maximum of 180 days can considered, which again depends on the amount of work for that particular assignment.
Unless agreed upon prior to any editing work, high-resolution discs and/or proof sets may contain a mixture of color, black and white, and selective color images. Limited color correction and/or retouching are included at Photographer’s discretion. TWF will accept 2 requests only in case of further changes from Client, thereafter any request (if arises) will attract additional cost. TWF is not responsible for any prints that are not ordered directly from them. For hard copies, “Canvera” is the sole Printing Lab for TWF till now. The printed copies (the particular Type and Size mentioned in the Agreement) are delivered to desired addresses in India by “Canvera” itself, without delivery cost (However, if the desired address is located outside India, delivery cost is applicable). The Client can opt for printing of the hard copy by themselves (i.e. from their chosen Lab) at their own risk (for best results, clients with the high-resolution files should order their prints through a reputable lab).
Acceptance of Final Cinema Production
Upon completion of the video production, TWF will attempt to notify the Client via the telephone number and/or email listed in the opening paragraph. Client shall be given the option to review the final Video Production and request any reasonable changes within 1 week of delivery of final production at no cost to the client. NO CHANGES WILL BE MADE AFTER THE MASTER HAS BEEN CLEARED FOR FINAL COPIES. If either (a) notification is made and Client fails to make arrangements for delivery of Production within two weeks of notification, or (b) TWF is unable to notify by telephone that the Production is complete within two weeks of Production completion, TWF will send written notification to Client via Mail and using Client’s address listed in the opening paragraph. Production will immediately be archived to digital tape, DVD or other medium of choice (removed from computer-based editing system), rendering all but very minor changes impossible. TWF will make all reasonable efforts to accommodate the editing wishes of the Client; however, the Final editing decisions are the sole discretion of TWF’s Chief Editor.
This contract serves as a model release giving TWF the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. TWF can grant use of the images to third parties (promotional site/companies) and all compensation for use and credit for the images remain the property of TWF. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
All photographs taken by “The Wedding Fellows” are their property, will remain their property and are protected by The Copyright Act, 1957. Client hereby waives any claims for ownership, income, editorial control and use of the images.
The release of high resolution digital files grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published. Client further agrees not to supply images to any third parties (including vendors associated with the wedding or album designers).
Accommodation & Travel
In case for weddings outside KOLKATA and GOA, accommodation/ accommodation cost will be provided by Client. TWF travelling outside Kolkata will bear additional cost separate from Package Amount.
Retainer and Payment
Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation retainer equal to 30% of the total photography fee. No date is reserved until the contract and retainer are received. The next 40% should be paid after the coverage of all the events within the next 7 days. The balance 30% due for the services must be paid in full on showing the finalized preview copy of video/album. In the event Client fails to remit payment as specified, TWF shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend this event. Returned checks will be assessed a non-sufficient funds fee (money deducted by bank), and all future purchases/payments must be paid by Cashier’s Check. Unless the contract is canceled, the retainer fee shall be applied to the photography fee total.
Mode of Payment
Payment may be made via NEFT/Deposit/Cheque.