Shoot booking

CONTRACTUAL AGREEMENT

This contract must be signed and your deposit paid in full in order to complete your booking.

Please read the full contract before signing.

Once you've signed and sent off this form, it will be manually checked. Once approved, you will receive a confirmation email with details on how to pay your deposit.

YOUR FULL NAME: (REQUIRED)

Please include pronouns

First Name

Last Name

YOUR EMAIL (REQUIRED)

PHONE NUMBER (REQUIRED)

DATE AND TIME OF SHOOT

Loction (if required)

Please use google maps to share the location of the shoot if relevant (How to find coordinates)

Agreed Shoot length

Do you have an agreed discount?

Yes

ENTIRE AGREEMENT:

This agreement is between Yourself, named in the above field, hereinafter referred to as the “Clients”, and Elliott Mariess, hereinafter referred to as the “Photographer”. This agreement contains the entire understanding between The Clients and The Photographer. This document ("contract", "booking agreement") lays out the total agreement made between you The Clients, and us the Photographer. Any variations or modifications to this contract shall not be effective or binding unless agreed in writing by both parties.

CONFIRMATION:

A signed “Contract for cinematography or photography Services” and payment of the booking fee are necessary to confirm the stated services from the Photographer.

FEES AND PAYMENT:

The fees in this contract are based on The Photographer's standard price list at the time of signing. The Photographer will update their price list periodically and any future orders or additions to this contract shall be charged at the prices in effect at that time. The Clients are hiring The Photographer to provide the service outlined in this agreement and are agreeing to make payment according to the schedule outlined in this agreement

BOOKING FEE/DEPOSIT:

The agreed booking fee is required to reserve the agreed shoot date and is non-refundable. This is because it serves as compensation for the ongoing costs of onboarding The Clients, and all subsequent work in service of the booking. These costs include but aren't limited to: booking management & admin; maintaining equipment; time spent in service of the booking (for example: consultations, communications, advance planning, location visits); and the opportunity cost of turning down other bookings on the same date. In the event of The Clients canceling the shoot for whatever reason, the booking fee will be considered as liquidated damages to the Photographer.

FINAL PAYMENT:

This subsequent payment is due up to one week prior to the shoot date. This payment covers accrued fees for ongoing booking maintenance costs, plus the main payments for the photography/filming, editing, delivery, and other services and products included in your booked collection. Most of these fees are also typically non-refundable after payment except in the event of cancellation by us. If The Clients miss the payment due date we'll make every effort to contact you with reminders by email and phone using the details you supply. In extreme cases, if you don't respond to repeated reminders we reserve the right to consider the booking or order as canceled by The Clients, and our Client cancellation terms will apply.

PRE-SHOOT CONSULTATION:

This normally happens at the time of enquiry or booking via email or in person. The Clients will outline broadly what is require and the Photographer will advise on any planning, logistics, and timings where needed. If required The Clients are welcome to contact the Photographer closer to the time of the shoot to iron out any remaining details.

SERVICES:

The Clients are granting The Photographer full artistic license to shoot in their own style, including making decisions regarding posing, locations, and curation and processing of delivered images. The Photographer will make every reasonable effort to take any photos The Clients specifically requests but it is understood and agreed that some things are out of The Photographer’s control, such as weather, venue restrictions, timings, or availability of subjects, The Photographer can't guarantee every requested photos will be taken, and The Photographer shall not be held responsible for the effect on coverage these things have. Further, The Clients agree and understand that we cannot guarantee a photo of every guest when booking an event. The only way to ensure a photo of any given guest is to specifically ask us on the day to shoot a photo with that guest. Any advance requests for photos of individual guests may not happen for the above reasons, whereas if you ask us on the day we can make that photo happen there and then. After the shoot, The Photographer will edit and process all the images The Photographer deems usable, in The Photographer’s own style, then upload the finished images to a private gallery for viewing and made available for download and storage by The Clients. The gallery page will be available for a minimum of six months. Any requests to alter images or retrieve additional images may be billed at our then-current hourly rates. However, The Photographer can't guarantee that such requests will be possible or completed within any specific timeframe.

THE SCHEDULE:

The Photographer's style of working and experience are designed to achieve a high level of quality cinematography or photography for the Clients, accomplished with good humour whilst being as unobtrusive as possible and enjoyed by all concerned. Both the Clients and The Photographer, therefore, agrees that punctuality and cheerful cooperation are essential to producing outstanding results. In cases where the shoot does not run on time (for example, extreme lateness) we cannot guarantee our best results although in such circumstances we will do our absolute best to compensate.

EVENTS PAPARAZZI:

If you are booking event photography/videography, It is understood most guests will have digital cameras and will want to photograph the Clients, and that live streaming might be necessary. In the spirit of cheerful cooperation, the Clients agree to give the Photographer precedence over the guests in order to get the best images possible of the event services described above. We cannot be held liable for a lack of event imagery if guests taking their own photos/videos of the Clients and interrupt the Photographer's work. If you are booking the photographer to film an event video we ask that guests and other professional photographers attending do not use flash photography. Please ask any other photographers that will be attending NOT to use flash otherwise we cannot guarantee our best work. If other suppliers provide still photography during the event we may ask them to refrain in the extreme case that guests are distracted and so that we don't have to compete for the best angles. The Photographer may also ask other guests to refrain from taking photos with during directed portrait sessions If it's distracting the people in the photo and slowing the shoot down.

HOUSE RULES:

Note the Photographer is sometimes limited by rules imposed by venues management as to what can and cannot be done. For example, some musicians may insist that no flash photography is allowed, and others will insist that the Photographer shoot from a specific location. In such circumstances, the Clients agree to accept the technical limitations that may be imposed on the equipment used. We advise the Clients to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.

Under the UK Copyright, Designs and Patents Act 1988 we own the copyright for all media created in service of this agreement, and it all remains The Photographer's property. It is contrary to the Act to copy or allow to be copied photographically/ electronically or by any other means, any media created as part of this contract without our permission in writing. The Clients have the unlimited right to copy and print the images they receive for your personal use, including on social media. On social media we really appreciate a credit (e.g. Photos by @elliottmariess) The Clients grant the Photographer and its legal representatives, heirs, and assigns, the irrevocable and unlimited consent to use the photos/video of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the images/video without restriction; and to copyright the imagery. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images/video. If The Clients or The Photographer want to submit images for publication (for example: blogs, magazines, or any other publication) written permission must be given, which shall not be unreasonably refused. The Photographer requires a credit for all non-personal publication. However, The Photographer is happy to work with any suppliers directly to share images with them. Please introduce them and we'll be happy to help them directly. Displaying new work is essential to attract clients and The Photographer retains the right to use media produced in service of this agreement in our portfolio, literature, exhibitions, competitions, and advertising. Use will be judicious and in keeping with the highest standards of taste. Should you require full or partial privacy we offer an NDA service with an additional fee to match the level of privacy required, to compensate for the loss of use on our part.

HARASSMENT & SAFETY:

The Photographer pledges to work respectfully and safely at all times. We won't undertake any request that would require us to break the law, or that has a reasonable expectation of causing distress or harm to a person or animal. It's The Clients responsibility to ensure participants such as guests and other suppliers behave appropriately. If any guest or supplier causes The Photographer to feel unsafe or harassed, or risks or causes injury to The Photographer or damage to their equipment, The Photographer will let you know and ask you to ensure the behaviour stops. If the behaviour continues or is repeated by any other guest or supplier after we have raised an issue on the day, we reserve the right to pause our services until the issue is resolved, or as a last resort to completely end coverage of the shoot. In this event we will process and provide any photographs we've taken for you in accordance with our contract, but you agree that we will not be liable for any refunds of unused time, or any other consideration to any party.

LIMIT OF LIABILITY:

If something befalls The Photographer that renders them unable to complete their service to you, for example, If travel arrangements fall through due to unforeseen circumstances, or the Photographer is too ill or becomes injured and cannot supply the photography services specified above the Photographer will try to rearrange an appropriate shoot date, or book a replacement Photographer. If a new date or replacement Photographer cannot be found then liability is limited to a refund of any payments received including booking fees, and shall have no further liability with respect to this contract. In this event we may recommend at least one replacement photographer who we consider to be of at least equal skill and value. However, we shall not be held liable for failure to find a replacement who meets with your approval, nor shall you be obliged to engage our suggested replacement. The Photographer has working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. In these circumstances liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied, our liability will be limited to the reasonable cost of the lost materials relative to the total cost of the photography element of the fees, not exceeding that amount. In the event that The Photographer in unable to perform for any other reason, The Photographer shall not be liable for any amount in excess of the value of Client’s booking. Neither party shall be liable for indirect or consequential loss. The Photographer cannot be held responsible for the performance of third party suppliers and is not liable for any potential negative impact on the shoot.

POSTPONEMENTS:

In the event that The Clients decide to postpone the event date or there are Governmentally imposed postponements The Clients must notify The Photographer of their intentions as soon as possible by email. The Clients shall then take reasonable steps to ensure that any new dates considered are free in The Photographer’s diary by keeping them fully involved with the re-booking process. The Photographer offers to waive re-booking fees for moving the date(s) if moved to within a 3 month period of the original date but any new expenses may be payable, such as travel and accommodation. However, outside this 3 month period there may be some extra charges, including a re-booking fee to cover the cost of holding the new date against other enquiries; and an additional charge to keep prices for the booked services in line with then-current pricing for the new date, if different. If The Photographer is unavailable for the new date and The Clients elect to go ahead, or The Clients commit to the new date before learning The Photographer is unavailable, The Clients understand and agree the contract will be considered cancelled and cancellation terms will apply. If The Clients choose to cancel this contracted booking (instead of postponing) because of COVID or other Governmentally imposed rules that will prevent the event from happening, The Photographer will retain any fees paid in order to cover our costs to that point.

DELIVERY:

The Clients will receive: When booking Photography: images as a downloadable digital archive of finished high resolution (print ready) and Low resolution (social media ready) images and an online shareable gallery When booking Videography: A 1080p h264 encoded digital video (youtube ready) available to download and view via web streaming It's The Clients responsibility to look after the digital files and we recommend you make at least one local backup, and ideally a second cloud backup, as soon as you download them. The Photographer’s responsibility to store copies of the digital files ends from the time and date that digital files become available to download, and although we plan to keep backups as long as possible, The Photographer can not guarantee they will always be available.

ACCEPTANCE OF TERMS:

Client's acceptance of the above terms and conditions will be indicated by: oral and written agreements with the Client, or by Client's confirmation of the booking, or by Client's use of any supplied images including but not limited to downloading the digital files. This Contract contains the entire understanding between the parties with respect to the subject matter and supersedes any and all other prior written Contracts and understandings (whether oral or written) between the parties. No amendment or modification of this Contract shall be effective unless executed in writing by both parties. Any 'addendum' contract describing additions or changes to the booked service will describe and pertain to those changes only and will not supersede any other terms of this Contract. The Contract is not fully binding until all parties have signed.

YOUR FULL NAME: (REQUIRED)

First Name

Last Name

AGREEMENTS

I HAVE UNDERSTOOD THE CONTENTS OF THIS CONTRACT AND AGREE TO THE TERMS THEREIN.

BY CLICKING ‘SEND’ YOU CONSENT US COLLECTING THE INFORMATION INPUTTED IN THIS FORM.

WHAT NEXT?

Please wait for a confirmation email. Once you've signed and sent off this form, it will be manually checked and once approved, you will receive a confirmation email with details on how to pay your deposit. Please note you booking will not be secured until your deposit is paid.

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I have a few useful blog posts about how to select your wardrobe and one with lots of info for couples’/engagement shoots

Shoot booking

CONTRACTUAL AGREEMENT

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