*Please refer to contract provided by Vendor*
Payment Schedule: $1000 retainer due at time of booking Remaining Balance must be paid 30 days before the wedding day 1. Retainer and Payment. The Client shall pay a non-refundable retainer of $1,000.00 to secure the services and product specified herein. Upon signing this contract the amount of the non-refundable retainer shall be applied to reduce the total balance of the package. The signed contract and non-refundable retainer payment must be received within 5 (five) business days to guarantee availability. The remainder of the full balance must be paid in full 30 (thirty) days before the day of the event. Payments via check must be made out to Julie Ferneau Photography and mailed to Julie Ferneau's studio address: 4591 Contour Blvd. San Diego, CA. 92115.
2. Cancellation or Postponement. If the Client should cancel the event for any reason, the sum of Julie Ferneau's standard retainer fee of $1,000 will not be refunded. The Client understands that the Photographer will not book another event on this event date. In the event that the Client cancels or fails to attend for any reason, the Photographer shall suffer losses that are difficult to ascertain. As such, the Client agrees that, in the event of cancellation by the Client, the retainer of $1,000 shall be forfeited by the Client and paid to the Photographer as liquidated damages and not as a penalty. If canceling this contract the Client must notify the Photographer in writing. To consider a date change, the Photographer must first receive a written release of the current contracted date, which will null and void this written contract. If the Client needs to change the event date all monies paid will transfer to the new date per a newly written and signed contract if that date is available for the Photographer. The new date must be within six months of the original date or the new contract will be subject to the Photographer’s current rates. If the new date is unavailable with the Photographer, a qualified Julie Ferneau Associate Photographer will be subcontracted to cover the event.
*Please refer to contract provided by vendor, as terms and conditions may change based on consumer's request.* 3. Exclusive Photographer. Julie Ferneau shall be the exclusive photographer retained by Client for the purpose of photographing the event. Family and friends will be permitted to photograph the event as long as they do not interfere with the duties of Julie Ferneau, and additionally, will be asked not to take pictures while Julie Ferneau and/or Julie Ferneau's associates' are posing the couple, bridal party, or families. Client, by agreeing to this Contract, permits Julie Ferneau to request family and friends to not interfere with said process, where such a request is necessary to ensure the contracted services between Julie Ferneau and Client can be completed. By signing this Contract, Client understands and agrees that Julie Ferneau is the exclusive official photographer retained to perform the photographic services outlined in this Contract. 4. Copyright and Reproductions. Julie Ferneau owns the copyright for all images created at the event and has the exclusive right to make reproductions. Julie Ferneau shall only make reproductions for Client or for Photographer’s portfolio, studio samples, self promotions, entry in photographic contests or exhibitions, instructional purposes, editorial use, or within or on the outside of Photographer's studio, or any other advertising and business needs the Julie Ferneau deems necessary or appropriate. Any such use will be judicious and consistent with the highest standards of taste and judgment. If Photographer desires to use images for uses other than those specified above, Julie Ferneau shall not do so without first obtaining written permission from Client. Client understands they are not entitled to any compensation, or other consideration, for Photographer’s use of Event images. 5. Client Usage. Client is obtaining photographs for personal use only and shall not sell prints or authorize any reproductions by parties other than Julie Ferneau. If the Client is obtaining a print for a newspaper announcement of the event, Julie Ferneau authorizes the Client to reproduce the print in this manner. In such an event, the Client shall request that the newspaper run a credit to “Julie Ferneau Photography” with the image, but shall have no liability if the newspaper refuses or omits to do so.It is a violation of Federal copyright law to allow photographs created by Julie Ferneau to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered in any manner including but not limited to electronic scanning via personal scanner, “screen capturing,” or reproduction via photo lab or self service kiosk without a print release from Julie Ferneau. Julie Ferneau will provide a “Print and Web Release Form” to the Client, at the time of online gallery delivery, for the Client’s personal print or personal web use. Further, Client agrees not to make copies for sale or for the purpose of circumventing sale of the images by Photographer. 6. Release of Digital Negatives. Julie Ferneau will release color-corrected high-resolution files to the Client within 6 weeks of the event. Delays may be experienced during peak wedding or holiday seasons. These files will be delivered on multiple CD’s or DVD, hard drive, thumb drive or by an online digital download. By releasing the digital files Julie Ferneau authorizes the Client to use the images contained in any of the above mentioned digital formats for their own personal use. The Client understands that the images presented as digital files are of color-corrected quality only and have undergone simple color correction. Full image processing of photographs is reserved for purchased prints and or images that will be included in a purchased album or slideshow. Julie Ferneau is not responsible for the quality of enlargements from these files that have been taken to a non-professional and/or consumer photo lab. The images may not be sold or published without the written consent of the Photographer. Julie Ferneau will retain the copyright of the images contained on the drive, CD or DVD as well as the exclusive rights detailed in section “copyright and reproductions.” Upon releasing the digital files to the Client, Julie Ferneau is released of all liability for archiving all of the files. Requests for additional and/or replacement copies of these files will be billed at $300 per set. 7. Final Prints. Final Prints are individually edited for color correction, contrast adjustments, tonal adjustments, color enhancements, and conversion to black and white (if applicable). These images are used for online proofing, digital negatives, DVDs, proof books, and albums. Additional modifications and enhancements are billed at Photographer’s current retouching rates. 8. Failure to Perform. If Photographer, its employees, contractors, officers or other assigns, cannot perform the services outlined in this Contract due to fire, casualty, act of God, illness, or any other cause beyond the control of Photographer, Julie Ferneau will return all monies paid, including the retainer, and will have no further liability with respect to this Contract. This limitation of liability will also apply in the event that photographic materials are damaged in processing, lost through camera or memory card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer. In the event that Julie Ferneau fails to perform for any other reason, Julie Ferneau shall not be liable for any amount in excess of the value of Client’s package. 9. Photographer Substitution. In the extremely unlikely event of severe personal illness or other extreme acts of nature beyond the control of Julie Ferneau which precludes Photographer from performing the duties of coverage, Julie Ferneau will in good faith attempt to retain a substitute photographer of high qualification, per Client approval of said photographer. Client and Julie Ferneau both assume the risks and dangers of photographer’s travel and if the extremely unlikely event that a last-minute act of nature or travel disaster occurs while Photographer is en route to the event, Photographer will refund the client all monies paid, less the retainer. 10. Inherent Qualities. While Photographer adheres to the highest standards possible with respect to photographic materials, Client is aware that color dyes in printed photographic materials may fade or discolor over time due to the inherent qualities of the dyes and chemicals. The Client releases Julie Ferneau from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. If changes occur to any photographic materials, which are greater than normal fading and discoloration, the materials will be replaced at the discretion of Photographer. 11. Standard Price List. The charges in this Contract are based on Photographer’s standard price list. This price list is reasonably adjusted periodically and any future orders or additions to this Contract will be charged at the prices in effect at the time the order is placed or change requested. Album orders require full payment in advance. Overtime hours for Julie Ferneau and Associate Photographer, if commissioned, may be added on to the service package at any time before or during the contracted event, per Julie Ferneau's approval, at the current rate of $500/hr. If these hours are requested before the contracted event, Julie Ferneau will invoice the hours separately and the invoice must be paid before the day of the event. In the instance that additional overtime hours are requested on the day of the event, upon verbal approval, Julie Ferneau and Associate Photographer if commissioned, will cover the event for the added hours. The added hours will be invoiced separately and Client will receive invoice for the overtime hours after the event. All invoices must be paid in full before any further services are performed, and before any images are processed or released to the Client. 12. Officiant and Venue Restrictions. Photographer may be necessarily limited by the guidelines or rules of the ceremony official, ceremony venue, or reception venue. Client understands and agrees that Photographer will abide by such guidelines or rules and that they are outside the Photographer’s control. Client agrees to hold Julie Ferneau harmless for the impact such guidelines or rules may have on the resulting photographs. To the extent possible, Client will inform Julie Ferneau of any such restrictions in advance of the Event. 13. Requested Photographs. While Julie Ferneau will make every reasonable effort to take specifically requested photos, Client understands that a wedding is an uncontrolled event and that due to the varieties of the weather, available light, and willingness or availability of subjects, Julie Ferneau cannot guarantee that any particular requested photo will be taken. 14. Artistic License. Julie Ferneau shall be granted full artistic license in relation to the poses photographed and the locations used. Photographer will not be held responsible for the lack of coverage caused for the following reasons: The Client, guests, or persons in attendance not being on time, members of the event party or family are unavailable when called on for a posed photograph, if the event is running late or if restrictions regarding photography at the desired location of the event are in force. The Client understands that Julie Ferneau does not photograph from a “shot list” throughout the event day. The hallmark of Julie Ferneau’s photographic approach is non-posed, journalistic coverage of actions in real time. Long lists and frequent requests for posed photographs by the Client or event attendees reduce the capability to explore and obtain photographs of genuinely occurring moments. The Client acknowledges that they have been shown a representative sample of event images and they understand that Julie Ferneau will produce images of like quality and style from their event. 15. Event Food Service. Client must provide a meal for Julie Ferneau and their team, including second photographers and assistants, for events 6 hours or longer. If Client provides no meal, Client understands Photographer will leave the event to purchase a meal and return to the event within one hour. 16. Shipping, Handling & Taxes. Shipping and handling charges will be billed if Client is unable to pick up or accept delivery of proofs, prints, albums, digital negatives, etc. within 30 miles of Los Angeles, Orange, or San Diego Counties. Sales are subject to California state sales tax rate of 7.75% and the Client will be charged accordingly as dictated by California state law and proper procedures regarding such taxes. 17. Insurance. Photographer maintains business liability insurance to protect Client from claims by the property owner for accidental damage Photographer and staff may cause. Certification of insurance is available upon request. Venue requests to be listed as an additional insured on Photographer's insurance policy must be made at least 30 days prior to the Event. 18. Travel. The Client will not be billed for time spent traveling to or from any event. A mileage fee of $0.50 per mile will be charged for miles driven outside of Los Angeles, Orange, or San Diego Counties. Added destination event charges include full reimbursement for airfare and lodging associated with the event. 19. Parking Fees. Client is responsible for any parking fees incurred by Photographer and/or Photographer’s team. Photographer will add any such fees incurred to a final invoice sent to Client. 20. Additions and Subtractions. Photographer and Client agree that Client has the option of making additions or subtractions to the list of ordered products and services, listed above under “Products and Services” which may change the total balance. Any such additions or subtractions to the product list shall be made at least 90 days prior to the Event. Unless Photographer demonstrates a material effect to the addition or subtraction of products, the only charge will be the actual retail cost of the product. There will be no penalty for making a change. 21. Attorney's Fees. Should any litigation be commenced between the parties to this Agreement, concerning any provision of this Agreement or the rights and obligations of any party, the party prevailing in such litigation shall be entitled, to a reasonable sum as and for his attorney's fees in such litigation which shall be determined by the Court in such litigation or in a separate action brought for that purpose. 22. Waiver. No waiver of any default by any party or parties to this Contract shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated. 23. Article Headings. All article headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction or effect of this Agreement or any of the provisions thereof. 24. Severability. If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect. 25. Governing Law. This Contract shall be governed by and interpreted under the laws of the state of California 26. Sole and Only Agreement. 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. 27. Counterparts. This Agreement may be executed in counterparts, and if so executed and delivered, all of the counterparts together shall constitute one and the same Agreement. A facsimile signature may be treated as an original, and each party agrees to deliver to the other party an original executed Agreement within seven days of execution. 28. Assignment; Successors and Assigns. Client agrees that he will not assign, sell, transfer, delegate, or otherwise dispose of, whether voluntarily or involuntarily, or by operation of law, any rights or obligations under this Agreement. Any such purported assignment, transfer, or delegation shall be null and void. Client represents that he has not previously assigned or transferred any claims or rights released by him pursuant to this Agreement. Subject to the foregoing, this *Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, successors, attorneys, and permitted assigns. This Agreement shall not benefit any other person or entity except as specifically enumerated in this Agreement.*