BENTINMARCS - Terms and Conditions 2024 Photo / Video Services
ENTIRE AGREEMENT
This agreement contains the entire understanding between “Bentinmarcs” and THE CLIENT.
It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing and providing the document is signed by all the relevant parties
CANCELLATION
In the event that THE CLIENT cancels the contracted services for wedding photography or videography outlined in the Booking Form more than 30 days before the wedding ceremony takes place, the deposit will be transferred to a Studio Credit.
In the event THE CLIENT cancels the contracted services for wedding photography or videography outlined in the Booking Form less than 30 days before the wedding ceremony takes place “Bentinmarcs Photography” agrees to refund only 30% of the moneys paid (less expenditures for which receipts will be provided), to THE CLIENT.
STUDIO CREDIT
Studio credits are valid for three months from the date of THE CLIENTS original booking. The credit only covers photography / video sessions and cannot be used to purchase prints, albums or other products. Studio credits are not refundable or transferable to other people.
COPY RIGHT
Copyright of all images and footage taken by “Bentinmarcs” is reserved exclusively for “Bentinmarcs”. THE CLIENT has unlimited use of the images for personal use only.
THE CLIENT may not distribute, sell or submit any
image or video taken by “Bentinmarcs” to a third party, including any vendor which THE CLIENT has engaged for their event. THE CLIENT agrees to financially compensate “Bentinmarcs” for financial losses associated with the unlawful commercial use of “Bentinmarcs” images provided by THE CLIENT.
USE OF IMAGES
“Bentinmarcs” retains the exclusive rights of all images for unrestricted use and publishing of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or an other purpose and in any manner and medium, to alter the same without restriction. It is agreed that “Bentinmarcs” may display, or use the images / vision taken for advertising, display, website and internet promotion, photographic contest, photography books, studio displays or any other purpose thought proper by “Bentinmarcs”.
RESERVATION
Upon THE CLIENTS deposit, “Bentinmarcs” will reserve the time and date agreed upon and will not make other reservations for that time and date. For this reason, the reservation date retainer of 30% is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather.
The reservation date retainer is applied towards the contracted wedding photography or videography package. The client understands and agrees that the entire amount owed for the wedding photography / videography package described in the contract is due 30 days prior to the wedding date.
DETAILS
THE CLIENT will be responsible for submitting to “Bentinmarcs” a complete Wedding Details Form with all reasonable information relating to important individuals they wish to have included in photographs. “Bentinmarcs will NOT be held accountable for errors or omissions THE CLIENT made on the Wedding Details Form in relation to important information about individuals, locations, times, dates or contact details.
CO OPERATION
The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. “Bentinmarcs” is not responsible for key individuals’ failure to be present or to cooperate during photography / videography sessions, neither for missed images or video due to details not revealed to “Bentinmarcs”.
PRE-EVENT CONSULTATION
The parties agree to a pre-event consultation before the wedding date in order to finalise the actual shooting times and locations. This can occur via phone or online meeting or email.
“Bentinmarcs” agrees to provide THE CLIENT with a timeline for photography.
The Timeline for Photography / Videography, Booking Form and Wedding Details Form act as the agreed Schedule.
AGREED SCHEDULE
The Agreed Schedule includes the Booking Form, Wedding Details Form and Timeline for Photography / Videography.
“Bentinmarcs” will operate according to the Agreed Schedule for the day. THE CLIENT accepts that amendments or omission to the Agreed Schedule caused by themselves or other vendors providing services on the wedding day may result in missed photographic / video opportunity or a reduced allocation of time for subsequent photography / videography. “Bentinmarcs” will NOT be held liable for failure to take desired photographs / video in the event the Agreed Schedule is not upheld by THE CLIENT or its vendors.
GUEST PHOTOGRAPHY
“Bentinmarcs” will act as the sole and exclusive professional photographer or videographer on the wedding day. All other professional photographers are excluded from performing or providing photographic services for THE CLIENT on the day. Unless prior organised and authorised.
THE CLIENT acknowledges that flashes from guest cameras, iPads and mobile devices may interrupt or obstruct photographs / video taken by “Bentinmarcs”.
THE CLIENT will provide “Bentinmarcs” with their full attention during formal wedding portraits and control individuals they have chosen to participate in formal photographs.
“Bentinmarcs” will provide opportunity for guests to take photographs at reasonable intervals, however, THE CLIENT acknowledges that this may impact on the Agreed Schedule. Where guest photographers are impinging on “Bentinmarcs” they will be asked to cease.
RIGHT OF WITHDRAWAL
“Bentinmarcs” discovery of new information, changes to agreed circumstances, or other factors which may circumvent its policies may result in its withdrawal. Non-co- operation, changes in locations, facilities or available times, missed appointments and late payments are examples of con- tributing factors. Should “Bentinmarcs” initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided. In case of withdrawal, $350.00 an hour is charged for all photography services already provided and $85.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half hour.
In the event “Bentinmarcs” initiates the withdrawal for none of the reasons listed above “Bentinmarcs” agrees to refund the deposit in full along with any other payments for services yet rendered.
PAYMENTS
THE CLIENT agrees that a 30% date retainer is required at the time of contract acceptance and 100% of the remaining balance is due 30 days prior to the wedding date as booked for. If payment is not made within this time frame and no other communication or arrangements have been made and/or discussed with “Bentinmarcs” then “Bentinmarcs” reserves the right to withdraw from the wedding, without having taken any photographs; upon which THE CLIENT forfeits all previous payments and deposits.
HOUSE RULES
Where “Bentinmarcs” is restricted or limited by the guidelines of the ceremony official or the reception site management, THE CLIENT agrees to accept the technical results of their imposition on the photographer / videographer. Negotiation with the officials for moderation of guidelines is THE CLIENT’s responsibility; “Bentinmarcs” will offer technical recommendations only.
GUEST CO OPERATION
THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer / videographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled.
THE CLIENT is responsible for ensuring there is no conflict in times with other service providers and is encouraged to share the Agreed Schedule to minimise delays or interruptions.
“Bentinmarcs” will not tolerate verbally or physically abusive behaviour, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken.
If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer / videographer. THE CLIENT understands that in such an event, no refunds will be granted.
LIMIT OF LIABILITY
In the unlikely event of severe medical, natural or other emergencies, it may be necessary to retain an alternative photographer. “Bentinmarcs Photography” will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
“Bentinmarcs Photography” takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond “Bentinmarcs Photography”’s control the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated on the Booking Form. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
NON-GUARANTEE
Although every possible care will be taken to produce photographs / video of all important and special events during the wedding, “Bentinmarcs” cannot place an unconditional guarantee on the above. “Bentinmarcs” will not be held responsible for any ruined or missed photographs / video footage due to THE CLIENT, guests’, or any other circumstance in or outside of “Bentinmarcs” control.
COMPLETION SCHEDULE & DELIVERY
“Bentinmarcs” will process digital and film images without extended delay and deliver digital products to THE CLIENT within 3 months from the wedding date.
Products will be delivered to the postal address nominated on THE CLIENT’s Wedding Details Form. “Bentinmarcs Pho- tography” accepts no responsibility for any damage, deterioration or loss of products by Australia Post.
Printed products requiring THE CLIENTS final approval may take longer.
Products and services booked or scheduled during holiday periods may experience delays due to supplier shut down.
The delivery of wedding videos is around 16 to 24 weeks. Some delays can during busy periods or high work commitments.
PRINTED PRODUCTS
THE CLIENT agrees to pay in advance the full amount owed for any printed product ordered through “Bentinmarcs”.
IMAGE EDITING
“Bentinmarcs” will provide images in a
digital high resolution format which have been processed and deemed fit for use.
“Bentinmarcs” retains artistic control over editing and THE CLIENT understands that all previous examples of wedding images displayed on “Bentinmarcs” website, in print or albums is a reflection of the editing that will be used on any future work. Black and white images, colour or other editing styles are also at the discretion of “Bentinmarcs”
“Bentinmarcs” will not correct or amend any image in circumstances outside of it’s control such as fly-away hairs, poor spray tan coverage, tan marks, skin conditions, transition lens glasses that THE CLIENT is unhappy with after the fact.
THE CLIENT acknowledges that additional costs will apply to provide amended digital negatives through a professional re-touching service. ART PHOTOGRAPHY
Refunds for cancellation of products will not be provided once the order is finalised and sent off for processing. Any alterations after this time will incur additional costs.
DIGITAL NEGATIVE – DATA MANAGEMENT
“Bentinmarcs” will provide all digital negatives via digital download. The transfer, storage and security of the digital negatives is THE CLIENT’s sole responsibility once they have received their images.
THE CLIENT is advised to check their digital images upon receipt and make additional copies.
All raw footage after delivery of images /video / films will not be stored.
PRODUCT WARRANTY
The Deluxe Standard Fine Art Album collection includes a warranty against defects in materials and workmanship for two years.
COOLING OFF
There is a 7 day cooling off period after paying the booking deposit, within which THE CLIENT is entitled to 50% refund of the deposit amount.
COUNTERPARTS
This agreement may be signed in counterparts, which together shall constitute one agreement. If this agreement is signed in counterparts, no signatory hereto shall be bound until both parties named on the Booking Form have duly executed, or caused to be duly executed, a counterpart of this agreement.
SEVERABILITY
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
The failure, delay, relaxation or indulgence on the part of “Bentinmarcs” in exercising any power or right conferred upon it by this agreement does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under this agreement.
If the original wedding date is changed,”Bentinmarcs” may in its absolute discretion transfer any
monies paid under this agreement to the new date and apply
a superseded price list (if applicable) but it is not under any obligation to do so.
AMENDMENTS
This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and “Bentinmarcs” at the time of acceptance of this contract shall be recognised as amendments to this contract.
SERVICE PROMISE
If for any reason you are not totally satisfied with the quality of products created by “Bentinmarcs” we will work with you to rectify the problem. Where the issue involves a manufacturing defect, we will have the item repaired, replaced or refunded in accordance with our supplier’s policy. Refunds will not be provided if you change your mind after your order has been confirmed.