Wedding Coverage Creative and Service Agreement

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For round trips of more than 8 hours: the travel fee will be $400 plus lodging, and transportation as necessary (subject to market prices).


The Agreement

This agreement constitutes the entire understanding between Nam Tatum LLC and the above client, including any other persons involved in the images. It supersedes all prior and simultaneous agreements between the parties, whether verbal or written. Clients or Nam Tatum LLC must make any modifications or additions to this agreement in writing and signed by all parties involved. The waiver or alteration of any provision of this agreement does not imply the release of any other provision, and the client must sign a new agreement clause for such changes to take effect. The laws of the State of Virginia shall govern this agreement.

Terms and Conditions

SERVICE FEE | A non-refundable retainer fee is 25% of the total service fee and must be paid within 24 hours from when the invoice is issued to secure the event date. The client (s) shall submit the remaining balance of the service fee in full no later than 30 calendar days before the agreed-upon event date stated. It is expressly understood that no photography services shall be rendered, and Nam Tatum LLC is under no obligation to fulfill any services (including travel) unless the full payment has been received no later than 30 days before the event date. The client (s) hereby acknowledges and agrees that the 25% non-refundable retainer fee, once paid, shall not be subject to any refund or return for any reason once the event date is secured, including but not limited to late or missing payments, as well as client-initiated cancellations.

TRAVEL FEE | The base fee for Nam Tatum LLC services includes local travel within a reasonable time frame of up to 3 hours (round trip) from the business office location of Nam Tatum LLC. Travel fees for round trips are as follows:

Up to 3 hours: $0
3-5 hours: $250
5-8 hours: $400
For round trips of more than 8 hours, the travel fee will be $400 plus lodging and transportation as necessary (subject to market prices).

***Travel fees are discussed and agreed upon before booking and will be finalized in the invoice. Unless otherwise specified, any additional travel-related expenses will be communicated and agreed upon before the event. Please note that travel fees are non-refundable once the required travel for the service has been rendered. This travel fee structure is in effect until further notice. Travel Fees are non-refundable once the travel has started. 

LOCATION | The client (s) are expected to notify the photographer of the location desired. The client (s) is responsible for scheduling and receiving permission to use various locations for photography. If a venue requires fees to reserve the location and parking fee, it shall be the client ('s) sole responsibility to pay for such fees and arrange for any necessary permits in advance. The parking fee, if applicable or required, will be charged before the gallery is delivered. Nam Tatum LLC will not be held responsible for any fees/tickets that may occur due to violating permits required at the client's choice of location, including the inability to attend sessions caused by fee discrepancies.

COMPLIMENTARY SESSION | A 30-minute complimentary session is included as part of the wedding coverage at the discretion of Nam Tatum LLC. The client acknowledges and agrees that the complimentary session is not guaranteed and is subject to availability. The complimentary session must be executed before the event date. If, due to timeline restrictions, the photographer's availability, or the client's availability, the complimentary session cannot be executed before the event date, it shall not result in any discount or reduction in the total fee agreed upon for the wedding coverage. Nam Tatum LLC will make reasonable efforts to schedule and conduct the complimentary session, but its feasibility depends on the factors above. The client understands and accepts that the complimentary session is an optional addition, and its non-execution does not affect the validity or fulfillment of the main wedding coverage. The client further acknowledges that the complimentary session is not guaranteed to be rescheduled or eligible for a re-shoot. If the complimentary session is canceled for any reason, it may not be eligible for rescheduling or re-shooting. If applicable, the travel fee for the complimentary session will follow the same terms and conditions as outlined in this agreement for other photography services.

CANCELLATION | If the client (s) cancel this agreement for any reason before the agreed-upon event date and after paying the non-refundable retainer fee, the client (s) agrees to forfeit the return of the reservation deposit of 25% of the total fee agreed upon. If the client (s) wish to cancel the event coverage, the photographer must be notified at least 90 calendar days before the event date for clients to receive any refunds (excluding the 25% non-refundable retainer fee and any non-refundable reserved travel or lodging fee). If the client fails to arrive at or execute the event, Nam Tatum LLC is not obligated to refund the service or travel fee, as the service cannot be fulfilled due to the client's failure to execute the event. 

RESCHEDULE | If any circumstances prevent the client (s) from executing the event, clients must reschedule and execute the event within nine months from the original event date reserved to retain the service fee agreement. Clients must notify the photographer at a minimum of 60 days before the event date for reschedules (except for emergencies out of the client's control). Nam Tatum LLC cannot guarantee the availability of coverage and service agreed upon for reschedules. If a reschedule cannot be fulfilled by Nam Tatum LLC, a partial or full refund (excluding the non-refundable retainer fee) will be issued to the client.

RE-SHOOT | A re-shoot is at the photographer's discretion. The re-shoot may not take place for reasons such as poor wardrobe, hair, makeup, weather, or disregarding the photographer's requests by any subjects. All previous images, galleries, or offers may be void once the re-shoot is considered and agreed upon. The photographer is not obligated to perform glamour retouching, such as altering the physical appearance and wardrobe of the client (s) or fixing blemishes, and will not be responsible for a re-shoot or a refund.

EXCLUSIVE PHOTOGRAPHER | Nam Tatum LLC shall be the only exclusive photographer retained by the client (s) for the agreed-upon event coverage. No other professionals or personnel are permitted to photograph the client (s) and wedding party during the creative style photography portion or any other portion of the event without permission from Nam Tatum LLC before agreement upon this contract. The client's family and friends shall be permitted to photograph the wedding as long as they do not interfere with the exclusive photographers' clause. Nam Tatum LLC is not responsible for images interrupted by guests (such as mobile devices appearing in final images or other body parts of guests). If a guest interferes with the photographer's duties, a warning will be given to the client. If the problem persists, coverage may end immediately with no further liability to finish the coverage or deliver the package components, with no refunds given.

HOUSE RULES | Nam Tatum LLC is limited by the guidelines of ceremony officials and reception site management. The client agrees to accept the technical results of their imposition on Nam Tatum LLC. Any negotiations with officials for moderation of guidelines are the responsibility of the client. Nam Tatum LLC will offer technical recommendations only.

LIMIT OF LIABILITY | In the unlikely event of severe medical, natural, or other emergencies, it could be necessary for Nam Tatum LLC to obtain a different photographer. Nam Tatum LLC will make every effort to secure a skilled replacement photographer from a curated list of backup photographers. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the event package (excluding the non-refundable retainer fee if the engagement session has already taken place). Nam Tatum LLC takes the utmost care concerning exposure, transportation, and processing of the photographs, including using professional-grade equipment and professional-grade backup equipment. However, in the unlikely event that photographs are lost, stolen, or destroyed for reasons within or beyond Nam Tatum LLC's control, Nam Tatum LLC's liability is limited to the return of all payments received for the event package (except the non-refundable retainer fee amount if an engagement session has already taken place). If a replacement photographer is necessary, Nam Tatum LLC will provide a curated list of backup photographers who are available to cover the event at the agreed-upon rate. Clients will not be charged any additional fees. Clients will be required to enter into a new service contract with the replacement photographer. The terms and conditions of the replacement photographer's contract will apply to the coverage of the event, and Nam Tatum LLC will facilitate the transition and provide necessary information to ensure a smooth transfer of services.

EVENT TIMELINE COVERAGE | If the client fails to provide the timeline or details of the wedding day within the requested time frame, Nam Tatum LLC reserves the right to capture the event without dedicated time allotted for specific desires. In such cases, the photographer will use professional judgment and experience to capture the event comprehensively, but specific requests or desires may not be accommodated due to time constraints or lack of information provided by the client. Timeline questionnaires will be sent out 45 days prior to the event date, and it is expected that a timeline consultation should be scheduled within 15-30 days before the event date.

NON GUARANTEE | Although every possible care will be taken to produce photographs of all important and special events during the wedding, Nam Tatum LLC cannot place an unconditional guarantee on the above. Nam Tatum LLC will not be held responsible for any ruined or missed photographs due to any reason, including guests' flashes, equipment malfunction, late or missing guests, or any other cause within or outside of Nam Tatum LLC's control. Nam Tatum LLC strives to capture all important moments during the event; however, the client acknowledges and agrees that due to various factors, including but not limited to timeline restrictions, circumstances, and multiple important events happening simultaneously, it may not be possible to capture every desired photograph. Nam Tatum LLC shall not be held liable for any missed photographs that were not captured during the event. The client understands and accepts that the exclusive photographer's coverage is limited to their professional judgment, availability, and prevailing conditions. The client is encouraged to complete the client questionnaire sent after securing the booking, providing the necessary details to assist in the photography process. Nam Tatum LLC shall not be held accountable for any missed photographs resulting from the client's failure to provide accurate or timely information via the client questionnaire or any lack of communication before the event.

COOPERATIVE AGREEMENT | The subject(s) photographed agree to positive cooperation and communication for the best possible result within the definition of this assignment. Nam Tatum LLC is not responsible for any individual's failure to be present or to cooperate during photography sessions. Additionally, the client is responsible for the conduct of their guests, and guest conduct that interferes with photography will affect the quality and/or quantity of photographs taken. Any threat to Nam Tatum LLC (or assistant) or their equipment by any guest, Nam Tatum LLC reserves the right to end coverage immediately with no further liability to finish the coverage or deliver the package components, with no refunds given. This includes but is not limited to drunken or unruly behavior and the presence of weapons and firearms.

PACKAGE COMPONENTS | Digital images delivered will be edited and available for download via an online live gallery for 3 months and archived for 6 months. Nam Tatum LLC will store The images for 12 months for safekeeping. Nam Tatum LLC is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or online media hosts that might result in an inability to keep the gallery online. Nam Tatum LLC ensures the storage of images through numerous means. However, Nam Tatum LLC cannot guarantee the perpetual life of all images. Therefore, it is advised that once the client (s) has possession of the images, they are stored in a safe place, and if applicable, back-ups made of the purchased photo to disc or other digital media storing devices. All galleries are delivered promptly, and the delivery period will not exceed 10 weeks from the event date agreed upon.

CREATIVE LICENSE | Images are edited at the photographer's discretion, and delivered files may not include all images shot. Nam Tatum LLC reserves the creative right to edit and release only those files deemed credible as professional in quality and within the photographer's artistic standards.

RAW IMAGE FILES | Nam Tatum LLC retains exclusive rights to all RAW image files. The client understands and agrees that RAW image files are not included in the final delivery of edited images. The client shall not have access to or be provided with any RAW image files from the session or event.

COPYRIGHT AND REPRODUCTION | All images created by Nam Tatum LLC shall be protected by copyright. Nam Tatum LLC shall retain the exclusive rights to reproduce the images for any purpose, including but not limited to a portfolio, sample, self-promotion, photographic contest, art exhibition, or editorial use. The client acknowledges and agrees that Nam Tatum LLC holds the sole and exclusive rights to the images created, and no one else, including the client, shall have the right to alter, modify, or edit the images without the explicit written consent of Nam Tatum LLC. Images delivered are for the client's personal use only and are not to be used in any way other than personal printing and preserving. This includes but is not limited to clients directly giving files and/or pictures to other wedding vendors, photographers, album design companies, or magazines for publication. Nam Tatum LLC reserves the right to use the images for self-promotion, portfolio, sample, photographic contest, art exhibition, or editorial use. If the client wishes to restrict vendors from using the images delivered, the client (s) must submit a written request (and the request will only apply to this function and only to images that identify the client's face or name), excluding Nam Tatum LLC's rights to use the images for their own business promotional purposes. Any unauthorized use, reproduction, or distribution of the images by any party without the express written permission of Nam Tatum LLC is strictly prohibited and may be subject to legal action. By engaging Nam Tatum LLC for photography services, the client agrees to respect and uphold the copyright of the images and acknowledges that Nam Tatum LLC retains all rights to the images created.

COMPLETION OF SERVICE | Once the event coverage is completed, the service labor is considered complete, and no refund will be given for any reason. All services agreed upon will be considered rendered once the gallery is delivered, whether downloaded or not. No partial refund shall be given for any reason once any image in the delivered gallery is downloaded. It is understood that the client's satisfaction with the delivered gallery constitutes acceptance of the services provided, and any subsequent requests for refunds or partial refunds will not be entertained. Additionally, any additional services requested after the gallery delivery, such as additional retouching via Photoshop or requests for black and white images or colored images, may incur additional charges, which will be communicated to the client and agreed upon before any work is carried out.

LIMITATION OF LIABILITY (Cyber Hacking and Loss of Images) | Nam Tatum LLC shall not be responsible or liable for any damages, losses, or breaches arising from cyber hacking, unauthorized access, or theft of images stored on its mediums, including but not limited to servers, cloud storage, or any other storage systems used by Nam Tatum LLC. Clients acknowledge and agree that the security of digital assets, including images, is inherently vulnerable to hacking and unauthorized access by third parties. By utilizing the services provided by Nam Tatum LLC and storing images on its mediums, clients expressly release Nam Tatum LLC from any liability, claims, demands, or damages resulting from any unauthorized access, cyber hacking, or theft of images, whether due to Nam Tatum LLC's negligence or otherwise. Clients understand and accept the risks associated with storing images digitally and voluntarily assume such risks. Clients further agree not to pursue any legal action, claims, or demands against Nam Tatum LLC for any losses, damages, or breaches arising from cyber hacking or the theft of images, whether or not such losses are directly or indirectly related to Nam Tatum LLC's services.

RIGHT TO CANCEL | Nam Tatum LLC reserves the right to reschedule or cancel due to illness, emergency, equipment failure, or any circumstances beyond its control at any time (up to the agreed-upon event date) and will exhaust all means to provide a replacement professional for coverage if needed. A full refund (including the non-refundable retainer fee) will be returned to clients if a replacement service cannot be rendered. Nam Tatum LLC reserves the right to cancel the agreement for any reason up to 30 days before the event date. In the event of cancellation by Nam Tatum LLC at any timeframe, a full refund (including the non-refundable retainer fee) will be issued to the client (s).

SEVERABILITY | If any provision of this agreement is held 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.

By paying the non-refundable retainer fee, the client(s) state they have read and understand the terms of this contract. Clients may be asked to sign this document during their scheduled event. Regardless, the client (s) agree to abide by the terms of this contract by paying the non-refundable retainer fee.

Nam Tatum LLC (Nutsinee Tatum) acknowledges and agrees to be bound by all the terms and conditions outlined in the Creative and Service Agreement above. Nam Tatum LLC commits to upholding and abiding by the agreement's provisions with the same level of commitment as the client. This agreement shall become binding and effective upon receiving and collecting payment from the client.

Thank you for choosing Nam Tatum!

I am super excited to be your photographer! Let's make make the memories to come last forever!!!

 

Be Weird & Stay Happy!

Nam Tatum

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