Entire Agreement
Creative Video & Photo Concepts Inc. dba Beach Glass Weddings
WEDDING SERVICES AGREEMENT
Wedding Services Agreement
Terms and Conditions
1.0 PARTIES TO THE AGREEMENT
It is understood that Creative Video & Photo Concepts Inc. (Beach Glass Weddings) is the sole and exclusive company retained to perform the wedding services described under Section 1.0 for the Individual(s) listed on Attachment A (the “Client”).
2.0 GENERAL DESCRIPTION OF SERVICES:
Client contracts with Beach Glass Weddings for the provision of wedding services. A specific description of such wedding services is found in Section 1.0 of Attachment A.
3.0 CONSULTATION:
At the Client’s request, the Beach Glass Weddings will provide consultation with Client for developing a wedding services plan. Consultation will be done over the telephone, video conference call, via email or at a location acceptable to the Beach Glass Weddings. In the absence of any client contact prior to the commencement date or the wedding services provision date under Section 2.0 of Attachment A, Beach Glass Weddings cannot be held liable for any wedding services plan constructed with the Client on the provision of wedding services date or commencement date, and such a plan shall not be considered a wedding plan but instead shall be considered a wedding outline.
4.0 PROVISION OF ADDITIONAL WEDDING SERVICES:
On the last day of providing the wedding services, the Beach Glass Weddings will notify the Client when they are close to completing the wedding services specified under Section 1.0 of Attachment A. Client may request the Beach Glass Weddings to provide additional wedding services not specified under Section 1.0 of Attachment A or stay for a longer period of time than specified under Section 2.0 of Attachment A. Client is then responsible for any additional charges caused by exceeding the wedding services or time for completion of Attachment A. Client will be billed for such additional charges on an hourly basis at the hourly rate specified under Section 8.0 and 9.0 of Attachment A.
5.0 TERMS OF RESERVATION AND PAYMENT:
Client agrees to contract Beach Glass Weddings for wedding services specified under Section 1.0 of Attachment A. Client agrees that to secure the wedding date outlined in Section 2.0 of Attachment A, Client must agree to the terms outlined under this agreement and remit a 50% non-refundable retainer. Final balance payments outlined in Section 2.0 of Attachment A are due 5 days prior to the wedding date.
6.0 SCHEDULE OF PAYMENTS:
The schedule of payments under Section 5.0 of Attachment A is strictly construed. If Client’s last payment under the schedule of payments is not received by the last payment date:
(i) Beach Glass Weddings will notify Client that he/she is in default.
(ii) Client will arrange with Beach Glass Weddings to either hand deliver the last payment or specify an express mail carrier, shipment date, and tracking number by which the last payment will arrive.
(iii) Beach Glass Weddings will return any duplicate payments received in the mail beyond the due date.
If Client’s last payment is not received by the commencement date specified in Section 2.0 of Attachment A, the Beach Glass Weddings is entitled under the Agreement to:
(i) Decline to provide the Wedding Services specified under Section 1.0 of Attachment A.
(ii) Cancel the Agreement and retain all retainer payments.
(iii) Be released and held harmless from all other obligations under this Agreement.
7.0 PHOTOGRAPHIC AND VIDEOGRAPHIC MATERIALS AND COPYRIGHT:
Beach Glass Weddings shall own the intellectual property rights in all images created, and remains the sole and exclusive property of Beach Glass Weddings unless specific terms have been agreed upon in writing. The photography services under this Agreement do not constitute a work for hire as that term is defined and used in the United States Copyright Act, 17 U.S.C. §101 et. seq. From time to time, Beach Glass Weddings may use the images for samples, contests, exhibitions, editorials, Internet publications, books, calendars, postcards and advertising.
8.0 CLIENT USE OF COPYRIGHTED MATERIALS:
The Client is obtaining negatives, prints, prints, proofs, digital pictures, slides and/or video for personal use only and Beach Glass Weddings hereby grants a royalty free license for the same. The negatives, prints, proofs, digital pictures, slides and/or video may remain in the custody of the Client for the purposes of personal reproduction only. Use of images by the Client or by outside firms is allowed provided the Client obtains written permission from and compensates Beach Glass Weddings prior to the Client or designated representatives, outside firms, publishing companies or other entities publishing or using the photographs (images) and video footage in any manner for any purpose other than the original purpose of obtaining the images. Client receives the privileges specified in this section upon the receipt of all payments owed to Beach Glass Weddings.
9.0 TERMINATION BY BEACH GLASS WEDDINGS:
Beach Glass Weddings may terminate this Agreement upon Client’s breach of any section. Upon termination, Client’s rights under this Agreement cease and the Beach Glass Weddings is no longer liable for any damage suffered by Client due to Beach Glass Weddings’s termination.
10.0 LIMITATION OF LIABILITY:
If Beach Glass Weddings is unable to perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, strikes, civil unrest, flight delay, damaged equipment caused through no fault of the Beach Glass Weddings, or other cause beyond the control of the parties or due to Beach Glass Wedding’s illness or injury, then Beach Glass Weddings will return all fees to the Client but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic materials or video footage are damaged or delayed in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Beach Glass Weddings. Client agrees that an entire wedding cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits Beach Glass Wedding's liability to the amount paid under this contract. Client agrees that exposure, quality and composition of image can vary from shot to shot, and any such problematic image is not attributable to any fault on the part of Beach Glass Weddings.
11.0 FILM AND DIGITAL PROCESSING:
Beach Glass Weddings does not own a film or video footage processing facility. Beach Glass Weddings uses an outside film processing facility (the “professional laboratory”) for processing its film. Beach Glass Weddings uses an outside digital processing facility (the “professional digital laboratory”) for processing its digital images and video footage. Beach Glass Weddings is not liable for any problem, damage or delay attributable solely to the professional laboratory or professional digital laboratory, such as losing images/negatives, damage to images/negatives, delays due to volume of work, backlog of work, or rush jobs, staffing issues including staff sickness, layoffs or injuries or any other unforeseen problem, damage or delay caused by the professional laboratory and professional digital laboratory that is not attributable to any action or fault of Beach Glass Weddings.
12.0 OUT-OF-STATE AND INTERNATIONAL TRAVEL:
If the provision of wedding services under section 2.0 require travel by Beach Glass Weddings to remote sites on the Big Island, within the State of Hawaii, and outside the State of Hawaii, Client understands and agrees that there are additional risks associated with such travel. Beach Glass Weddings is not liable for any problem, loss or damage associated with such travel including lost film, mishandling of luggage, delayed flights, passport problems, damage from X-ray machines, damage from TSA handlers, loss of luggage by airline or any other problem, loss or damage not attributable to any action or fault of the Beach Glass Weddings.
13.0 CREATIVE CONTROL
Final creative control for the wedding services provided under this Agreement lies solely with Beach Glass Weddings. Beach Glass Weddings shall not be held to a set number of prints, shots, photos, or poses; nor shall it be held to create an exact representation of any reference creative styles, designs or sample menus used during consultations between the Beach Glass Weddings and Client. Beach Glass Weddings shall not be liable for missing any picture, pose or shot not covered in the photography plan of Section 3.0. Beach Glass Weddings shall never be liable for missing any picture, pose or shot in the photography outline of Section 3.0.
14.0 CANCELLATION OR DATE CHANGES BY CLIENT:
In the event that wedding services described in section 1.0 is postponed or cancelled at the request of the Client, the Client forfeits the entire retainer payment specified under section 4.0 of Attachment A and Beach Glass Weddings shall have the right to bill pro rata for any wedding services completed through the date of that request that are over and above the amount of the down payment, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client’s notification to stop work. In the event of cancellation, the Client shall also pay all travel expenses (i) incurred by Beach Glass Weddings up to the date of cancellation or postponement and (ii) incurred by Beach Glass Weddings as a result of the Client’s notification of cancellation or postponement. The Client shall assume responsibility for any payment of legal fees necessitated by default in payment.
In the event of a date change request made by the Client, Beach Glass Weddings will make every effort to accommodate the new date and a new Wedding Services Agreement will be created. The Client agrees there may be changes to sub-contractors and other services to accommodate the new wedding date.
15.0 MODEL RELEASE:
The Client hereby gives Beach Glass Weddings permission to:
• Use the images for samples, contests, exhibitions, editorials, Internet publications, books, calendars, postcards and advertising.
• The Client hereby relinquishes any right that he/she may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
16.0 MISCELLANEOUS PROVISIONS:
Notices. All notices and other communications which are required in this Agreement shall be in writing and delivered personally, via mail service, via facsimile with acknowledgment of receipt, or via email (followed by hardcopy delivered via mail service), to the addresses, or fax numbers set forth in Attachment A of this Agreement, or to such other addresses or fax numbers as either party shall have specified by notice in writing to the other party. Notices shall be deemed given when delivered personally, or if mailed, ten (10) business days after the date of mailing. Notices to Beach Glass Weddings should be sent to the attention of Angy Chesler.
Choice of Law. This Agreement shall be governed by the laws of the State of Hawaii, irrespective of its conflict of law rules. In any action arising out of this Agreement, you consent to personal jurisdiction and the exclusive venue of the state and federal courts sitting in Kailua-Kona, Hawaii.
Assignment. Your obligations hereunder are personal and may not be assigned without the Beach Glass Wedding’s prior written consent, not unreasonably withheld if assigned to a bona-fide legal entity organized and acting solely on your or your heir's behalf. The Beach Glass Weddings may assign its rights and obligations under this Agreement to any Beach Glass Weddings affiliate or to any surviving party as part of a corporate reorganization, consolidation, merger, or sale. This Agreement shall be binding upon and shall inure to the benefit of the Client’s heirs, executors, administrators, successors, and permitted assign.
17.0 OTHER TERMS AND CONDITIONS (if any):
None.
18.0 Entire Agreement:
This Agreement, including all terms and conditions, is expressly agreed to and constitutes the entire Agreement as of this date. No other Agreement or understandings, verbal or written, expressed or implied, are a part of this Agreement unless specified. If any section of this Agreement is found invalid or contrary to law by any court applying the laws of the state of Hawaii, the remainder of the Agreement not so found shall remain in full effect.
