TERMS & CONDITIONS
In the following terms & conditions “Photographer” shall mean Aspen & Vine Studio, LLC. (and studio affiliates) “client” or “client/(s)” shall be those persons defined as bride and/or groom on the form above. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing prior to monetary consideration paid.
If you do not agree to these terms, you must leave this site immediately and you may not use the site / services of Aspen & Vine Studio.
IF YOU HAVE SIGNED A CONTRACT WITH ASPEN & VINE STUDIO, YOUR PAYMENT OF CONSIDERATION AND CONTRACT SIGNATURE TIES YOUR CONTRACT TO THESE TERMS & CONDITIONS OF ASPEN & VINE STUDIO’S SITE.
i. Title 17 of the United States Code of Copyright assign the copyright of the images to the photographer. You MAY NOT…
Use Aspen & Vine Studio’s images without express permission.
circulating any client images or wedding images of Aspen & Vine Studio, LLC. without written consent (including social media and personal / commercial websites)
Use images for third party gain or parallel business monetary gain (or marketing purposes)
Use Photographer’s images to harm or inflict damages of any kind
Circulate images for commercial use without written consent of Aspen & Vine Studio, LLC.
Use images in a harassment or pornographic way to cause harm
i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media accounts, sample albums etc.
3. CREATIVE LICENSE, COPYRIGHTS AND IMAGE REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honor the requested photographs but do not undertake to guarantee any specific image or incorporate any specific background, lighting, location or group arrangements due to changes in weather an the availability and willingness of subjects.
iii. For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some tones or highlights / shadowing may alter throughout a sets of photographs.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
i. A non-refundable booking fee of 25% of selected package will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website (and your contract signed for services). The booking fee will be deducted from the cost of the Client's chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be due four weeks before the wedding day.
iii. Additional goods ordered must be paid for in full at the time of ordering. A $25 minimum applies to all gallery order for the time and consideration of the studio to curate orders.
iv. Titles to all goods remains with the photographer until paid for in full by the client(s)
5. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer or of total photographic failure, the Client will not receive a refund, however;
ii. The photographer will endeavour to put the client(s) in touch with like / in-kind photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control (e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc).
6. DIGITAL NEGATIVE (RAW) IMAGES
i. All digital negatives (RAW Image) remain the property of the photographer. All digital wedding packages include a copy of the EDITED digital image to the client(s) for their own non-commercial use.
ii. Should the digital RAW files be lost, damaged of destroyed for the reasons beyond control, the photographers shall not not be held liable, however matters of reshooting will be offered to accommodate the package the Client has paid. The Photographer shall not include a refund for any goods already received. No refunds will be offered on services performed for accommodation of time taken to photograph and to edit images.
7. ON THE DAY
i. The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage family, friends and other guests to take photographs throughout the day.
ii. The photographer will not take photos during the wedding breakfast and will use this time to take a break. A meal is not a requirement, however one would be greatly appreciated.
iii. The photographer will stay to photograph beyond the first dance stay until approximately 9pm. Any photography following this time will be at the discretion of the photographer or if expressly agreed in writing beforehand.
8. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. CANCELLATION FEES
i. If the client should have to cancel any booking, the following cancellation fees will become due immediately upon said cancellation:
ii. Cancellation from the booking date at any point of time: the Client will receive no refund of booking fees paid due to Photographer not having the date available for other potential clients. The client(s) are hereby advised to take out an appropriate event insurance policy to cover any expenses incurred in the event of cancellation.
The Client and Photographer agree to fair and polite communication during all aspects of the photography process. Should the Client become unreasonable, impolite, or be uncooperative by any form of communication (emails, phone calls, etc.), the client accepts liability for their behavior. The Photographer holds the right to do the following in this rare scenario:
i. Respond in a professional and cooperative manner directly with the Client/(s)
ii. Assist the Client/(s)by providing appropriate solutions deemed within parameters Aspen & Vine Studio can provide (no money or free services or goods will be offered as a solution)
If Client is incorporative to the above measures taken, the studio will have no choice but to sever ties of the Client / Studio relationship and send a final Bill of Services Rendered. The Client is responsible for payment of any outstanding payments due at the time of cancellation. No refunds, damages or free services will be provided in accordance to the terms and conditions provided. If Client wishes to take Aspen & Vine Studio to court or pursue litigation, they are liable for all attorney’s fees of the Photographer.
i. The photographer will endeavor to deliver digital negative files as quickly as possible (2-3 week range). However, this could take up to 4-5 weeks during high season (April-September).
IF ANY PART OF THESE TERMS AND CONDITIONS (OR PER CLIENT CONTRACT) IS TO BE FOUND NOT-VALID, ALL REMAINING CLAUSES WILL BE DEEMED VALID.
UPDATED: JANUARY 2019