Terms and Conditions for Bree Smith Photography
Effective Date: [NOVEMBER 8, 2023]
1. Payment & Cancellation
1.1 Payment:
The total cost for the 10-hour wedding package is $4600.
An initial retainer payment of $650 is non-refundable and non-transferable and is required at the time of booking via the invoice.
The remaining balance of $3950 will be due no later than 30 days before the wedding date and can be paid in full or in monthly installments.
1.2 Monthly Payment Plans:
Monthly payment plans will be scheduled on the 1st Friday of every month.
Client agrees to give Bree Smith Photography permission to charge the card on the due date, unless alternative payment methods are arranged in writing.
Late payments overdue by more than 24 hours or declined card payments will result in a $50 late fee.
1.3 Cancellation:
If the Client cancels or changes the wedding date, the following terms apply:
Cancellation less than 90 days before the wedding date: Client is responsible for the entirety of the total cost.
Cancellation between 90 and 180 days before the wedding date: Client is responsible for 50% of the total cost.
Cancellation more than 180 days before the wedding date: Client is entitled to a refund, less the initial retainer payment.
In any case of cancellation, the Client is responsible for additional costs incurred by Bree Smith Photography in reliance on or performance of the contract.
1.4 Rescheduling:
Bree Smith Photography will make reasonable efforts to accommodate rescheduled wedding dates.
A rescheduling fee may apply after the first reschedule, but no fee will apply for the initial reschedule.
1.5 No-Show:
If the Client fails to appear at the specified place and time for a session, no refund is granted.
2. Photography Services
Bree Smith Photography provides photography services and does not offer event coordination.
For weddings with over 30 people, it is recommended that the Client hires a coordinator.
3. Booking Process
Clients must sign the contract, make the retainer payment, and fill out a Card Authorization Form to book photography services.
4. Optional Additional Sessions
Details about the availability and scheduling of additional sessions are outlined in the package invoice.
5. Desired Images
The Client is encouraged to provide examples of desired photographs at least 10 days before the wedding date.
6. Fulfillment of Images
Photos will be delivered after the balance is paid in full.
Sneak peeks will be delivered within 24-48 hours, and the full gallery within 4-7 weeks.
7. Edited + Raw Files
Bree Smith Photography retains the right to edit photos, and additional edits are available at an extra cost.
Raw files are available for a limited time.
8. Delivery of Images
Images are delivered in an online gallery for digital download with a personal use print release.
9. Use of Images
Clients must not edit the photos in any way when publishing them.
Commercial use or resale of Bree Smith Photography's photos may result in legal action.
10. Hot Meal Clause
The Photographer and team are to be counted in the catering head count and served a hot meal.
11. Exclusivity Clause
Bree Smith Photography shall be the exclusive photographer retained by the Client for wedding photography services.
No other individuals, aside from approved second photographers or assistants, should be engaged to take photographs during the event.
The use of personal cameras, professional cameras, cell phones, etc., by guests or others is restricted.
Violation of this clause may result in non-completion of services and loss of full payment by the Client.
12. Expenses Incurred
Clients are responsible for covering all travel, accommodation, meal, and transportation costs for Bree Smith Photography, unless otherwise agreed upon.
Travel expenses are based on the distance between the event location and Bree Smith Photography's official address.
For events exceeding 100 miles roundtrip, additional mileage costs apply.
13. Permits
Clients are responsible for obtaining all necessary permits and permissions for locations where Bree Smith Photography will be providing services.
14. Force Majeure
Neither party shall be held liable for any failure or delay in performing obligations due to Force Majeure, which includes acts of God, accidents, war, government actions, and more.
The cancellation and rescheduling terms as outlined in the agreement shall apply in such cases.
15. Weather
Bree Smith Photography is not responsible for equipment malfunction due to extreme weather conditions (temperatures below 35 or above 90 degrees).
In cases of unsafe weather conditions (e.g., storms or tornadoes), Bree Smith Photography is not liable for any delay in performance.
Safety shall be determined by local news outlet recommendations.
16. Agreement of Terms
Clients understand that the contract incorporates the entire understanding between the parties.
Any modifications to the contract must be in writing and signed by both parties.
17. Photo Release
Clients understand that Bree Smith Photography may use photos for internal and promotional purposes.
Clients grant Bree Smith Photography the right to use their name, image, likeness, and voice for publicity without further compensation or permission.
Clients can notify Bree Smith Photography in writing if they do not consent to this photo release.
18. Venue and Location Limitations
Bree Smith Photography is subject to the rules and guidelines of event locations and site management.
Negotiations to modify these guidelines are the Client's responsibility.
19. Assignment
Clients shall not assign rights or delegate obligations under this Agreement without prior written consent.
The contract may be executed in multiple counterparts, each of which shall constitute one instrument.
20. Governing Law
These terms and conditions are governed by and interpreted in accordance with the laws of the state of Oklahoma, and any legal action must be initiated within this jurisdiction.
21. Contact Information
For any questions, concerns, or inquiries related to these terms and conditions, you can contact us at the following:
Business Name: Bree Smith Photography
[Breesmithphotography@gmail.com]
22. Agreement Acceptance
By accessing and using the services provided on this website, you agree to be bound by these terms and conditions.
If you do not agree to abide by these terms, you should not use this website.
23. Updates and Revisions
Bree Smith Photography reserves the right to modify or revise these terms and conditions at any time.
Changes will be effective upon posting on the website.
It is your responsibility to review the terms and conditions periodically for any updates.
24. Entire Agreement
These terms and conditions constitute the entire agreement between you and Bree Smith Photography, superseding any prior agreements or understandings.
25. Legal Consultation
Consult with a legal professional to ensure full compliance with applicable laws and regulations.
These terms and conditions are not a substitute for legal advice.
Thank you for visiting Bree Smith Photography's website and for reviewing our terms and conditions. By continuing to use this website, you acknowledge and accept these terms and conditions.