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TERMS AND CONDITIONS


Reservation
THE CLIENTS signature reserves photography for the time and date agreed upon. For this reason, the Retainer Fee of 50% is non-refundable, even if the date is changed or the event cancelled for any reason excluding; acts of God, fire, strike, extreme weather, war or national emergency. If the event is cancelled due to a bona fide act of God and/or War or National Emergency, the deposit will be transferable to an agreed upon alternate date. The Retainer Fee is to be paid at time of signing the contract. The Retainer Fee is applied towards the contracted photo package. THE CLIENT understands and agrees that the entire amount owed for the photography package described in the contract is due as provided in the above referenced payment provision.

Disc Delivery
milaPhotography, it's legal representatives and assigns will provide THE CLIENT with a high resolution disc. This disc will contain high-resolution photographs taken at the event. The time of delivery of the disc is contingent on the package selected. Prior to the conclusion of the wedding, Michelle Cunningham will be paid in full for services rendered unless other agreements have been made. THE CLIENT agrees if any balance is not paid as arranged, milaPhotography, it's legal representatives and assigns will NOT make a final delivery of prints, albums, or other products included in this agreement until the balance is paid. All special shipping costs will be paid for by THE CLIENT.

Cancellation
In the event that THE CLIENT cancels the contracted services for photography outlined in their contract before the event takes place, other than the reasons specified in the reservation section of this agreement, the retainer fee will be forfeit. milaPhotography, it's legal representatives and assigns agrees to refund all additional deposit monies, (less expenditures for which receipts will be provided), to THE CLIENT.

Digital Negatives, Prints and Copyrights
The photographs, digital negatives or prints produced by milaPhotography, it's legal representatives and assigns are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without milaPhotography, it's legal representatives and assigns' explicit written permission. Upon final payment by THE CLIENT, milaPhotography, it's legal representatives and assigns retains full copyright ownership of all photographic materials and THE CLIENT will have limited copyright ownership of the photographic materials subject to the following conditions:

  • The prints, negatives, slides and/or digital images are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives. An acknowledgement to the photographer is requested and appreciated.
  • THE CLIENT must obtain written permission from, and compensate milaPhotography, it's legal representatives and assigns, if applicable, if THE CLIENT, or THE CLIENT'S authorized representative, publish and/or license the photographs for profit.

Model Release
THE CLIENT hereby grants milaPhotography, it's legal representatives and assigns the right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, or advertising promotion, subject to milaPhotography, it's legal representatives and assigns first obtaining prior written authorization from THE CLIENT.

  • It is agreed that milaPhotography, it's legal representatives and assigns may display and use the photographs taken for purposes such as, but not limited to: advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, and magazine advertising.

  • MilaPhotography, it's legal representatives and assigns respects its client's need for privacy. In the event that a CLIENT would like to have their photographs excluded from all manners of display for purposes such as, but not limited to: advertising, display, website, blogs and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, and magazine advertising, the CLIENT agrees to pay the privacy fee which is calculated at 5% of the agreed package fee.

Completion Schedule
Print order processing can take up to 4 weeks. Creation of a wedding album takes 8-12 weeks, enlargements and gallery wraps take up to 4 weeks. This schedule can be slightly longer when laboratory and bindery schedules are heavy.


Limit of Liability
In the event of any emergency and Michelle Cunningham is not available, a replacement photographer may be required. milaPhotography, it's legal representatives and assigns will provide a fully qualified, trained, experienced photographer of the same caliber as Michelle Cunningham.

  • If the situation should occur and a suitable replacement is not found, responsibitliy and liability is limited to the return of all payments received for the event package.
  • milaPhotography, it's legal representatives and assigns takes the utmost care with respect to exposure, transportation and processing of photographs, including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT'S photographs being lost, stolen or destroyed for reasons beyond milaPhotography, it's legal representatives and assigns' reasonable control, milaPhotography, it's legal representatives and assigns' liability shall be limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals delivered.


Non-Guarantee
Although every possible care will be taken to produce photographs of all important and special events during the event, milaPhotography, it's legal representatives and assigns cannot place an unconditional guarantee on the above. milaPhotography, it's legal representatives and assigns will not be held responsible for any ruined or missed photographs due to guests' flashes; or any other ruined or missed photographs due to any other cause outside of milaPhotography, it's legal representatives and assigns' control.

Performance
The performance of this contract on behalf of milaPhotography, it's legal representatives and assigns shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its reasonable control.

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