This agreement constitutes a contract for wedding photography and/or video services and a model contract. By signing, M.E. Photo & Films, will reserve the agreed time and date. In exchange for payment by the client, the services to be provided by the studio and the photographer / videographer under this contract are:
1. Production Schedule
i. The studio / photographer / videographer will provide photography and / or videography services of the event on the date signed by the client at the bottom of this agreement. The photographer / videographer will endeavor to capture the basic elements of the event, however this will not be considered as a guarantee to capture any specific image or scene, but rather a general understanding of the nature of the photography / video services to be provided.
ii. At least 2 weeks before the event, M.E. Photo & Films will direct an email to the client outlining the details of the event as provided to M.E. Photo & Films for confirmation of all relevant information. This email will serve as the official production plan for the event. When the client confirms the production schedule for the event, the client will have an opportunity to correct, change, revise, or edit any information which had been provided to M.E. Photo & Films previously. If the client is unable to provide specific information in regard to any portion of the event, then whatever information is available and accurate to the best of the client´s knowledge, will be sufficient.
iii. M.E. Photo & Films will attempt to accommodate all requests to the best of its capability. Due to the nature of live events, in some instances requests or plans which appear reasonable before the event, may turn out impractical or impossible to complete. M.E. Photo & Films appreciates your understanding and cooperation regarding this eventuality. In the event that the client requires additional hours on the day of the event (on the day extension of coverage), this may be arranged, but extra hours will be billed at the rate of two hundred and forty nine dollars ($249.00) per shooter per hour. Please note that only full-hour extensions will be offered and partial extensions are not available.
2. Contingency Date
i. In the event a contingency date becomes necessary to implement for the event, then M.E. Photo & Films shall permit the client to reschedule the photography and/or videography services to a contingency date of the client's choice, or if the client chooses not to reschedule and terminate this contract, then M.E. Photo & Films will not refund the first installment/deposit paid by the client.
ii. In the event of the client's failure to reschedule to a properly reserved contingency date, the first installment paid to M.E. Photo & Films will not be refundable under any circumstances, and will be forfeited by the client in order to compensate M.E. Photo & Films for its administrative, scheduling, time, labor, travel, communication, and any other costs and/or expenses expended in pursuit of fulfilling its obligations to the client as herein agreed.
3. Payment Policy
The client shall make payment in two installments:
i. First Installment:
The first installment of 50% (Fifty Percent) of the agreed upon total price for M.E. Photo & Films´services will initiate the reservation for the event to be placed, and this release to be executed by both parties. This initial deposit must be tendered by the client along with acceptance of this contract.
ii. Second Installment:
The entire remaining balance is due and payable no less than fourteen (14) days before the event.
iii. The client shall make timely payments within three (3) days after receipt of the invoice. M.E. Photo & Films shall have unrestricted and unlimited right to withhold any or all scheduled event services as well as delivery of all or part of the raw footage, first edit, final edit, or any combination thereof to the client until full payment is made to M.E. Photo & Films in accordance with this contract.
iv. Payment Currency and Exchange Rate:
The Client agrees that all payments under this Agreement shall be made in Mexican Pesos (MXN). The exchange rate used for the conversion of other currencies to Mexican Pesos shall be the rate prevailing on the day of booking. The Parties acknowledge and understand that the exchange rate may fluctuate between the booking date and the date when the balance payment is due.
v. Fluctuations in Exchange Rate:
Both parties acknowledge that exchange rates are subject to market fluctuations, which may result in changes in the total amount due from the client in their local currency. If the exchange rate fluctuates in favor of the client, a reduction will automatically apply for the balance amount due. Conversely, if the exchange rate fluctuates against the client's favor, the client agrees to pay any additional amount necessary to cover the balance in Mexican Pesos at the prevailing exchange rate from the date of booking.
vi. Client's Acceptance:
The client acknowledges and accepts that they have booked the services at the exchange rate prevailing on the day of booking. The client further agrees that no changes or adjustments to the balance or its corresponding exchange rate can be made after the booking date. The client's acceptance of the exchange rate at the time of booking is final and binding.
4. Cancellation Policy
i. In the event of a client-initiated cancellation, the client´s first installment will not be refunded to the client, nor exchanged or traded for any other service for any reason. The client hereby agrees and understands that the forfeit of such first installment will serve as liquidated damages to compensate M.E. Photo & Films for the costs of administration, preparation, and initiation of the process of providing the services agreed upon between the client and M.E. Photo & Films. The client agrees that this provision regarding liquidated damages is fair and reasonable compensation for the time, effort, and expenditures undertaken by M.E. Photo & Films on behalf of the the client, with the aim of providing photography and
videography services for the event. In the event of a client-initiated cancellation in less than 14 days before the event, the client´s second installment will not be refunded.
ii. In the event of a client-initiated downgrade M.E. Photo & Films will treat such downgrades as a client-initiated cancellation due to the nature of the internal booking process.
iii. In the event of a cancellation initiated by M.E. Photo & Films, M.E. Photo & Films shall refund to the client the total amount of all funds paid to M.E. Photo & Films by the client, including all deposit(s) within fourteen (14) days of providing written notification to the client of such initiated cancellation.
iv. In no event whatsoever will M.E. Photo & Films have any liability to the client beyond the amount paid by the client to M.E. Photo & Films.
5. On-Site Permitting for Photography and/or Videography
The client shall be solely responsible for paying any fees and/or obtaining any licenses and/or permits and/or permission(s) required by any site owner, operator, or regulatory authority for the use of any premises or location so that M.E. Photo & Films´ services may be properly provided as to any event booked by the client. In case of non-compliance when the service cannot be provided as established in this contract, it cannot be rescheduled or returned. Full names of our staff will be provided to you to share with your venue prior to the event. Access to the venue must be provided by advising what type of identification your venue accepts (this is different for each venue and we are likely asked to provide adequate proof of ID upon entering the venue).
6. Wedding Day Coverage
i. The client shall be solely responsible for securing permission from the site owner, operator, or regulatory authority for use of the event site as well as the consent necessary for M.E. photo / Films´ agent(s) to set up all necessary production equipment. The client agrees and understands
that the quality of the production services is dependent upon adequate lighting, camera/microphone placement, and other conditions not under M.E. Photo & Films´ control.
ii. M.E. Photo & Films shall not be held responsible or liable for poor quality audio in the event that any party refuses to wear a lapel microphone, nor for poor quality, dark, or grainy video footage resulting from inadequate/improperly placed lighting, nor the refusal of the client to allow camera-top or other lighting as requested by M.E. Photo & Films´ videographer at the event. Further, M.E. Photo & Films responsible or liable for electrical or mechanical malfunctions at the event, which are not within the realm of control of M.E. Photo & Films.
iii. M.E. Photo & Films reserves the right to discontinue providing any and all services to the client in any situation (ex: inclement weather, extreme temperatures, hazardous locations) that could place the safety of the camera operator(s) or equipment at risk of harm or damage.
iv. The ability of M.E. Photo & Films to perform under this contract is subject to proven detention by sudden illness, accidents, acts of God, or any other force majeure (as that term is generally understood) and condition(s) beyond the control of M.E. Photo & Films including the absence of any client-supplied elements at the event.
v. On the chance occurrence of such an eventuality that makes it impossible for the booked authorized agent of M.E. Photo & Films to perform the agreed-upon services for the client, every reasonable attempt will be made to secure the services with a backup authorized agent to perform the services for the client on short notice, if at all possible. If M.E. Photo & Films is unable to replace its agent, then the client shall receive a full refund of all sums which have already been paid to M.E. Photo & Films.
vi. M.E. Photo & Films will use its best efforts to follow the production schedule as intended; however, event schedules may shift, and events planned may be delayed. M.E. Photo & Films will establish an arrival time for the event with the client well in advance to the event and remain on duty for the specific number of hours requested by client. Coverage hours included in the package are for the event only and must be consecutive. This block of time excludes set-up and tear-down of equipment, but includes possible transportation between shooting locations, and generally at least one or more meal break(s) depending on the total length of the reserved time block. In the event of a schedule shift, M.E. Photo & Films will do their best to adjust accordingly using their professional judgment.
7. Parking & Meal Arrangements
i. The client shall provide the camera operator(s) with one hot meal or an equivalent to the guest's meal during each six (6) hour block of the EVENT coverage. In the event that the client fails to arrange meals, the operator(s) are allowed to take a 30-minute meal break every six (6) hours during the event coverage. This meal break will be considered as part of the coverage time. If the operator(s) must arrange for their own meal, M.E. Photo & Films will invoice the client an additional fee of $40 usd per meal per operator to cover the out-of-pocket meal expenses. The shall be responsible for reimbursing these additional meal expenses incurred by the operator(s).
ii. The client is responsible for parking arrangements on site at every location used during the coverage. M.E. Photo & Films shall receive information about parking from teh client not later than 5 days before the event. In the event the client fails to provide parking arrangements for the operator(s), M.E. Photo & Films will invoice the parking expenses to the client and can demand these expenses covered by the client. The client can not hold M.E. Photo & Films liable for any arrival and/or start coverage delays related to lack of proper parking arrangements.
iii. M.E. Photo & Films agrees to provide the full names of its operators to the client prior to the commencement of the event, as well as full details on the vehicle for parking arrangements (if required)
i. M.E. Photo & Films will not be held liable for any mechanical, technical or otherwise uncontrollable and/or unforeseen circumstances that influence or affect the production process at any time. The total liability of M.E. Photo & Films in the event of any dispute resolution process, including litigation, shall be limited to the amount of all funds paid to M.E. Photo & Films by the client.
ii. In no event shall either party be liable to the other or any of its affiliates for any consequential, incidental, indirect, special, punitive or exemplary damages (including, without limitation, lost profits, business or goodwill) suffered or incurred by such other party ot its affiliates in connection with this contract, even if advised of the possibility of such damages.
iii. M.E. Photo & Films shall not be held liable for any accidents, injuries or damages not caused by M.E. Photo & Films or by an authorized agent of M.E. Photo & Films.
v. If the client fails to provide essential or material information regarding the event prior to the event (Including but not limited to venue requirements, location matters, itinerary, etc.), and such failure affects the ability of the photographer and/or videographer to fulfill the services agreed upon with the client, then M.E. Photo & Films reserves the sole right and discretion to terminate its services effective immediately, without liability or fault for such termination, and will retain the first installment/deposit previously paid by the client per the terms of this contract. In the event of such termination of M.E. Photo & Films´ services, it shall provide written notice of the termination to client no later than fourteen (14) days prior to the event.
i. The editing process will take 3-4 weeks for photography and 6-8 weeks for videography. This is an estimate and may be shorter depending on the client´s particular circumstances.
ii. If the client notes any additional editing to be performed by M.E. Photo & Films (not including requests M.E. Photo & Films was not able to achieve for reasons out of its control or elected against based on artistic judgment), the client may request one (1) free round of up to fifteen (15) simple edits/revisions, no more than fifteen (30) days after the first edit is delivered to the client. The free round of edits/revisions includes clip swap or cut and doesn’t cover change of background music. If the client fails to provide M.E. Photo & Films with a list of all requested edits/revisions of the first edit during this time frame, then the client shall forfeit its right to the free round of edits/revisions and will be required to pay the hourly rate stated herein below for any edits/revisions.
iii. M.E. Photo & Films will use its best efforts to make requested corrections, revisions, and changes to the first edit, to the best of its ability. If the client requests to have additional creative or discretionary changes made to the edit, the client shall be required to pay for additional editing. M.E. Photo & Films will provide the client with a price quote, scope of work, and invoice for the total amount of all paid edits/revisions, as requested by the client, and the client shall be required to pay such invoice in full, before any such paid work is performed by M.E. Photo & Films.
v. When the client approves, then M.E. Photo & Films shall create the final product as selected in the contract and deliver it to the client. If there is no response from the client within thirty (30) days after delivery of the first edit to client, M.E. Photo & Films may proceed with finalization of the project and delivery of the final
product to the client.
10. Final Product
i. M.E. Photo & Films´ main contribution is the unique and creative editing. We fully take the client´s requests into consideration and edit the footage as we feel works best creatively and with the purpose in mind of creating a memorable product for the client´s special occasions.
ii. The total running time of the final video product will vary and will depend on the amount and length of footage produced at the event. The planning of the final product is a generalized description of what the final product will be like. Since each event is different, each video will be different as well. M.E. Photo & Films retains the right to use an artistic license to change and create/produce the best final product possible in their sole discretion.. The final product is, in many cases, subject to variations from the initial plan due to unpredictable eventualities.
iii. The client will obtain full resolution images and video in RAW format with "Right of Personal and Commercial Use" upon finishing the event. The client will obtain the top 250 edited images & heads shots in full resolution in .jpg format with "Right of Commercial & Personal Use" within 2 weeks after the event. The client will obtain an edited Highlight Video in full resolution (4k) in .mp4 format with "Right of Commercial & Personal Use" within 2 weeks after the event. The client can use, print and publish the edited images and videos for personal and commercial use, as long as they do not have alterations to the original delivered.
11. Exclusive Coverage
M.E. Photo & Films shall be the exclusive provider for the purpose of photographing and videotaping the event. No third-party professional photographer and/or videographer is allowed to photograph or videograph any part of the event. In the case another outside professional photographer and/or videographer is present, M.E. Photo & Films must be advised at least 30 days prior to the event, along with all contact details of such third party, to be able to draft a working schedule that functions for all parties involved. Family and friends will be permitted to photograph events but are asked to not interfere with M.E. Photo & Films´ photographers or video operators
12. Drone Use Policy
i. Utilization by M.E. Photo & Films of aerial drone coverage is subject to availability and conditions at the event. Use of aerial drones must comply with all relevant local rules and laws, is subject to weather conditions, and will depend on the ability of the aerial drone operator to utilize the drone safely with respect to the event’s physical surroundings and mindful of the wellbeing of the event attendees. Utilization and operation of an aerial drone shall occur in the sole discretion of the aerial drone operator, without any liability accruing to M.E. Photo & Films in the event a drone cannot be utilized for any reason. In the event an aerial drone cannot be utilized at the event, such an occurrence will not be deemed to be a breach of any contract between the client and M.E. Photo & Films; the client shall not receive a refund of the amount specifically paid to M.E. Photo & Films for the use of such aerial drone. The client shall have full and sole responsibility for obtaining and paying for all necessary site permits, consents, and clearances for the operation of any aerial drone(s) at the event.
ii. M.E. Photo & Films is unable to provide simultaneous aerial drone videography and ground videography coverage of a singular moment during the event, unless at least 2 videographers/operators are booked. The availability of a Drone Operator and/or Second Videographer/Operator for this purpose is subject to their availability at the time of the booking and may not be guaranteed if not included in the initial package selected by the client.
iii. In no circumstance will M.E. Photo & Films be liable in any amount (to include indirect, special, incidental, consequential, punitive, exemplary, enhanced or similar damages), save for gross negligence or intentional misconduct directly attributed to M.E. Photo & Films or its agent(s), for any damages or physical injury that may occur as a result of the operation of an aerial drone at the event. Notwithstanding the foregoing, the limitation of all damages payable to the client by M.E. Photo & Films as a result of aerial drone operation will be the amount paid by the client to M.E. Photo & Films for the use of such aerial drone at the event. The client hereby releases M.E. Photo & Films and accepts full liability, and furthermore shall
hold-harmless and shall indemnify M.E. Photo & Films if any damages or physical injury occurs at the event through no fault of M.E. Photo & Films or its agent(s).
i. All original footage remains the sole property of the M.E. Photo & Films. M.E. Photo & Films owns, and the client hereby assigns to M.E. Photo & Films, all copyrights and proprietary rights in all footage taken by M.E. Photo & Films or its authorized agents, which will have the exclusive right to license to others the right to produce, copy, make, sublicense or sell such footage in its sole discretion. M.E. Photo & Films grants the client a non-exclusive, non-transferrable license to use the edits without the express written permission of M.E. Photo & Films, as long as they do not have alterations to the original delivered.
ii. M.E. Photo & Films may use footage and edited material from the original footage to market it´s services, publicly display, and share the edited material for any purpose whatsoever.
iii. The client shall not sell, grant sub-licenses or distribute the original footage or the edited materials for profit without the prior express written approval of M.E. Photo & Films.
If any photography or video equipment breaks due to the negligence of the client(s) or one of their guests during the event, the client will be responsible for any repair or replacement costs that may be incurred.