Bride and Groom listed above, or a 3rd party acting as the purchaser of stated services are hereinafter collectively referred to as “Client.” Lukart wedding photography [LWP] is hereinafter referred to as “Photographer.” Photographer is in the business of providing professional wedding photography services and products and Client wishes to retain Photographer’s services on the Wedding Date set forth in this agreement.
2. Photography Services + Products Purchased
The Photographer agrees to provide the services and products included in the selected package, and the Client agrees to retain Photographer and to purchase Photographer’s listed package price.
3. Amount Due
Client agrees to pay a non-refundable deposit, and the remaining package amount is due no later than one day before the event date.
4. Payment Schedule
The total amount owed is due in 2 installments as follows: (I) A retainer/deposit is due at the time of booking and execution of this Agreement to reserve the Wedding Date on the Photographer’s calendar. Client has 7 days after receiving agreement to pay retainer fee before photographer will no longer hold the aforementioned date. (II) A second payment of the remaining balance is due 1 day before the wedding date.
If the Client reschedules the wedding and the Photographer has the new date available, all money paid up until that point shall be transferred to the new date and the parties shall revise this Agreement accordingly to indicate the new Wedding Date. If the Photographer or his second photographer from the same company is unavailable on the new date, it will be treated as a cancellation, discussed right. The deposit is non-refundable.
6. Shooting plan
Depending on hired package, Photographer captures wedding event chronologically with documentary approach. He is focused on:
– location [landscapes, details]
– wedding dress
– bride getting ready [hair&makeup, the atmosphere in the room, bride & friends portraits]
– groom getting ready [preparing in the room or with the guest’s outside]
– guests gathering [candid shots, details]
– first look
– wedding ceremony and “just married” moments
– formal portraits with family and friends after the ceremony
– group photo if wanted
– wedding session
– restaurant details, moments, catching the bouquet, etc
– speeches and toasts at the dinner
– cutting the cake
– wedding party on the dance floor
7. Consultation + Cooperation
Client, or his wedding planner, and Photographer agree that it is imperative to engage in open and timely communication with each other about the plans, schedule and timeline of the wedding day events to ensure that expectations are understood and realistic and so Photographer can perform to the best of his/her ability to provide the services as understood by both parties. If the client wants some special photos, he/she will discuss the details with the photographer or give him a shot list, so that both parties understand what is realistic based on the scheduling and timeline of the wedding day events. However, Client understands and agrees that Photographer does not guarantee that all of the photographs on the written shot request list will be taken at the wedding, just that Photographer will make a reasonable attempt to capture the photographs as requested and agreed upon between the parties. Client is also responsible for providing to Photographer a schedule and timeline of the wedding day events and, together, the Photographer and Client will finalize the time for the first look, if applicable, formal portraits and any other specifics as discussed and agreed. Client understands and agrees that the schedule of the wedding day is imperative for Photographer to have adequate time to capture the images as discussed and Photographer is not liable for missed photographs due to anyone’s tardiness or absence for any reason, including the bride, groom, their families, or any member of the wedding party.
8. Exclusive Photographer
Photographer will be the exclusive photographer on the day of the wedding, except for Photographer’s second shooter, if applicable. Family and friends may also take photographs during the wedding, but they may not interfere with Photographer’s work. Client agrees that Photographer may ask guests to refrain from taking photographs at any time during the wedding day to prevent interference with Photographer’s work.
9. Drone photography coverage
Due to safety reasons, drone photography coverage depends on the weather conditions during the wedding day and the legal permissions on the location. Photographer or his assistant are the only persons who decide if the flight is possible. If the flight is not possible, the photographer will explain the reason to the Client and he/she must accept that. Cancellation not affects the price of the package, except if the drone coverage was an add-on service.
If the total wedding day coverage exceeds 5 hours, Client agrees to provide Photographer, and Photographer’s second shooter if applicable, with a simple warm meal at the reception to be served immediately after the immediate family is served. Client understands and agrees that the timing is important so that the Photographer can continue photographing the wedding as discussed and agreed upon. It is Client’s responsibility to include the Photographer, and Photographer’s second shooter if applicable, in the final catering count, or provide them with a warm meal.
Client agrees and understands that Photographer edits the proofs at his/her own artistic discretion, and said editing is included in the package fee. All edited photos are exported in JPEG format, 3500 px at long edge, 300 DPI. Additional heavy editings, such as removing glare on eyeglasses, braces, acne, or weight reduction, will be charged an extra rate of 30€ per image.
12. Proofing + Ordering
Up to 60 working days after the wedding event, all photos will be available for viewing, sharing and full-resolution download in an online gallery. The online gallery will be available for six months from the date of the first publication, within which all orders must be placed. Client agrees and understands that Photographer, in his sole artistic discretion, decide which images taken during the session or event will be edited and presented in the Client’s gallery; not all images taken during the session will be presented to the Client. Photographer does not deliver RAW photo and video materials. A wedding film, if ordered, will be ready for online delivery up to 120 days after the wedding event. The Client can ask for minor changes in the film in a way that does not affect the film’s concept. This option prolongs the delivery by up to 20 days.
If Client is ordering an album or if an album is included in Client’s package, Photographer will email proofs of the album layout and design to the client between 30 working days after Photographer makes the online gallery available. Client will have the ability to make 10 free number of changes to the proofed layout. The album will be available for pickup or delivery to Client within 2-3 weeks after Client has signed off on the proofed layout. The photographer is not liable for mistakes or delays in creating or delivering of the album caused by the lab or company producing the album. If Client wishes to make changes or place a reorder after Client has already signed off on the proofs, then all changes and reorders will be at the Client’s full expense.
Due to the custom nature of prints and photographic art products, all purchased products cannot be returned and all money paid is nonrefundable.
15. Archive and Storage
The Photographer archives all proofed images (in JPEG) from each session for a period of 1 year from the date of the session/ wedding. After that time, the Photographer deletes all proofed images from his/her hard drive and all external hard drives. The Photographer is not responsible for digital files once they are purchased and received by the Client. The Client is responsible for making electronic backup copies of any digital files that are purchased from the Photographer and for keeping them in a safe place.
16. Force Majeure
Photographer will not be liable to the Client for any loss resulting from an act of God, natural disaster (including but not limited to fire, earthquake, storm, hurricane, flood, lightning, tornado), an accident of any kind, an act of the public enemy, war, general arrest or restraint of government and people, civil disturbance or similar occurrence, terrorist attack, general disruption of the Internet, or general inability of national carriers to make scheduled deliveries.
17. Limitation of Liability
If Photographer fails to provide the services hereunder due to reasons other than those listed in Paragraph 16 herein, Client’s recovery and Photographer’s liability is limited to the total amount paid from Client to Photographer under this Agreement and Photographer will have no further liability to Client, regardless of the total amount of costs or damages claimed by Client. Client’s recovery is also limited to the total amount paid from Client to Photographer under this Agreement in a situation where the digital files or film negatives are lost or damaged through camera malfunction, where Photographer’s camera(s), memory cards or film negatives are stolen, or where Photographer’s equipment is otherwise lost or damaged. If only a portion of images are lost, stolen or damaged, refund to client will be in reasonable proportion to the amount of lost files.
18. Assumption of Risk & Release of Photographer
Client is responsible for and assumes the risk of injury to Client throughout the wedding day coverage.
19. Substitute Photographer
If Photographer suffers from any illness or emergency, every effort will be made to secure the services of a new professional photographer to cover the event. If a second shooter is already booked for the event, they will become the main photographer and an effort will be made to secure a new second photographer. In the event that no second photographer can be booked, all money paid for the second photographer will be refunded.
20. Model Release
Client hereby grants to Photographer and his legal representatives, heirs, and assigns, the irrevocable and unrestricted right to use and publish photographs of Client and Client’s likeness for marketing, advertising, portfolio, website, commercial use, and other purposes, in any manner and to edit and alter the same without restriction. Client hereby releases Photographer and his legal representatives, heirs and assigns from any and all claims and liability relating to the photographs.
Client understands that Photographer is the sole and exclusive holder and owner of the copyright of each image taken during the services provided under this Agreement and Client will not copy, scan, edit, crop, or alter the images in any manner for any commercial purpose. Photographer retains rights to the images, including but not limited to, the right to display or publish any images for use on Photographer’s website and his professional portfolio on social networks. Copyright protection is governed by law, and any and all violators will be punished to the fullest extent of the law permitted. In case were Photographer is not allowed to publish the photos online in terms of self-promotion, all stated prices of the photography package are to be increased by 30 %.
22. Client Usage; Personal Use Only
Client understands that he/she is obtaining prints and/or digital files (or other products) for Client’s personal use only. Client agrees that he/she will not use any of the images from the wedding for commercial reasons, including but not limited to marketing, advertising or entering the images into a contest of any kind. If Client wishes to use any of the images from the wedding for commercial purposes, Client must contact Photographer to discuss the terms of a potential commercial arrangement, though Photographer is under no obligation to enter into any commercial arrangement.
23. Entire Agreement; Amendments
This Agreement is the entire agreement between the parties regarding this subject matter and supersedes all prior agreements and understandings related hereto. This Agreement can only be amended or modified in writing signed by both parties, including any rescheduling or cancellations.
If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect.
25. Governing Law, Jurisdiction and Venue
This Agreement shall be governed by the laws of the Republic of Croatia, without giving effect to the principles of conflicts of law.
26. Counterparts; Electronic Signatures
This Agreement may be signed in any number of counterparts, each of which shall be deemed an original, and all signatures together shall constitute the same agreement. This Agreement must be signed electronically.