1. Copyright
Except as noted below, all photographs created by Kelsey McFarlane Photography are copyright protected. You agree not to make copies for sale or for the purpose of circumventing sale of the images by us. You also agree not to authorize any reproductions of the images for commercial use.
2. Exclusivity
So that you receive the best service and most compelling photos possible, we must be the exclusive professional photographers for your wedding. Additional professional photographers may be employed only with prior written permission from us, under the condition that they do not interfere with our production.
3. Limits of liability
While every reasonable effort will be made to produce and deliver outstanding photographs of the wedding events, our entire liability to you for any claim or loss arising from our performance is limited to a refund to you of the amount paid for services. Because a wedding is an uncontrolled event, we cannot guarantee delivery of any specifically requested image(s). We will not be held liable for any production problems beyond our control, e.g. bad weather, accidents, poor acoustics/lighting, interference from guest etc.
4. Permissions
It will be your responsibility to schedule and receive permission to use various locations for photography, including the wedding and reception locations and any other locations used during the day(s).
5. Reservation of wedding date
All retainers are non-refundable. We will reserve the time and date shown above upon signature and receipt of the required retainer. If you subsequently change the date, and if we are available on that date, a new retainer will be required to reserve the date. Upon receipt of the retainer we will reserve your date and be available to you on that date for duration not less than the amount specified in section 7. Additionally, we will not book any additional events on that date. In the unlikely occurrence of an illness or injury that prevents any of us from photographing your wedding, we will promptly inform you and, depending on your decision at that time, either: (a) Attempt to secure an alternate, professional photographer who will photograph your wedding on our behalf, or (b) Refund your retainer and all subsequent deposits in full.
6. Description of services
The parties agree that Photographer 1 & 2 (Photographer 1 only for One-photographer coverage), and Videographer 1 & 2 (Videographer 1 only for One-videographer coverage) will furnish photo & videographic coverage on the above date, with the agreed upon hours. Additional coverage can be requested at any time at the hourly rate specified in the Price List.
7. Payment for services.
A non-refundable retainer of $1000.00 for Photographic or video services, is due at the signing of this Agreement. The retainer IS applied toward your total investment agreement. We will not reserve your wedding date until after receipt of the retainer. The final payment is due once finish product is ready for delivery. Note that photography will not be delivered until this is paid. If the wedding date gets cancelled for any reason other than an act of god, the deposit is non-refundable.
8. Delivery
Delivery of final product will be 8 - 12 weeks. Upon taking possession of the finishes product, the client must inform us of any technical or other problem of photographic services within 14 days. After 14 days, if no notification has been received, the client will be deemed as satisfied with product.
9. Travel
Any applicable travel fees are due no less than fourteen days before the wedding date. Mileage between locations and from Ottawa, ON as defined by Google Maps:
- Travel costs are billed only if the location(s) is (are) greater than 150 kms from Ottawa ON.
- Travel between 150 and 350 km's is billed at a flat rate of $150.
- Domestic travel more than 350 kms is billed at a rate previously discussed.
- Fees for international travel are negotiated with the client.