Details can be decided on a future date.  An invoice with details & final balance will be provided. GST & PST will be added.

1. Agreement/Jurisdiction.  The person(s) whose signature(s) appear on this contract, known as “Client”, agree that Lana Knoll Photography, known as “Photographer”, shall provide services to photograph their wedding and related events to the best of her abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of the province of Manitoba shall govern this contract, and any resulting arbitration shall take place in Brandon, Manitoba. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.

 

2. Retainer and Payment.  Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation retainer equal to $500.00 (five hundred CAD). No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full no less than 30 days before the event date. In the event Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend this event. Returned checks will be assessed a $50 non-sufficient funds fee, and all future purchases/payments must be paid by Cashiers Check. The retainer fee shall be applied to the total photography package fee, unless the contract is cancelled.

 

3. Travel / Meals / Accommodations.  The client will provide a meal at the reception for photographer and assistant if applicable.  Photographer requires reception seating at a location visibly accessible to important shots during reception. Travel expenses are incurred on Photographer’s vehicle at $0.50 / km and apply to travel over 100km outside of the Brandon, MB area.  Client shall pay for car service, meals, beverage and lodging for photographer and 2nd photographer on day of wedding if required.  

 

4. Cancellation.  If for any reason Client cancels this contract before the wedding date, Photographer will keep the retainer. Cancellation must be made in writing, signed by the contracted party, and sent via Certified Mail by Canada Post. If Client fails to supply written cancellation as specified before the wedding date or cancels within 30 days of the wedding date, Client shall be required to pay the full balance due.

 

5. Reschedule.  In the event that Client reschedules the wedding and Photographer is able to rebook the original wedding date, Client will receive credit for all monies already paid towards a new future wedding date. A new contract may be required. The new package price will reflect pricing in effect when the date change occurs. In the event that Client reschedules the wedding and Photographer is not able to rebook the original wedding date, Client forfeits the retainer but will receive a credit for all other monies paid. Credit may be applied to wedding coverage within one year of original date provided Photographer is available.  In the event that Photographer is unavailable on the rescheduled date the Client forfeits the retainer.

 

6. Liability.  If Photographer or her agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if she cannot provide another competent professional, all money received by Photographer, minus retainer fee & expenses, will be returned to Client, and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographic materials and/or photographs, or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.  In the event of Photographer’s illness, Photographer may substitute another photographer to take the photographs.  In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.

 

7. Photo Disc / USB drive / Digital download. Upon receipt of a photo disc, USB drive or digital download of images, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs / drives / images files provided. It is Client’s responsibility to make sure that digital files are copied to new media as required.

 

8. Responsibilities.  Lana Knoll Photography shall be the exclusive photographer retained for the event. Photographer may bring one assistant at her discretion. Videographers and other vendors as well as semiprofessional photographers must not obstruct or interfere with the official photography. Wedding guests may take photos, but it is the responsibility of Client to prevent family and friends from interfering with Photographer’s duties. Photographer is not responsible for compromised coverage due to causes beyond her control such as other people’s camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiate. Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. Client agrees to confirm the schedule one-week prior to the event. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up email for documentation. If email is sent, confirmation of receipt must be obtained.

 

9. Harassment.  Ensuring the appropriate behaviour of all guests and other persons at the wedding and other events covered by Photographer shall be the responsibility of Client. In the event Photographer or her employee experiences any inappropriate, threatening, hostile or offensive behaviour from any guest or other person at the wedding or other event then the following process shall be followed: first offence: a verbal warning will be issued to a family member of the client; second offence: the offending person will be required to leave the wedding or event; third offence: Photographer will end wedding coverage immediately and leave the event, Photographer shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.

 

10. Coverage.  Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the wedding day and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.

 

11. Image Processing/Printing.  Unless agreed upon prior to any editing work, high-resolution discs and/or proof sets may contain a mixture of colour or black and white. An alternately coloured version of a photo may be purchased at the current rate. Limited colour correction, cropping and basic editing are included at Photographer’s discretion. Client may request further changes for an additional charge. Photographer is not responsible for any prints that are not ordered directly from her. For best results, clients with digital images should order their prints through Photographer or a reputable lab.

 

12. Model Release.  This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Photographer. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.

 

13. Copyright.  Photographer shall own the copyright on all images created, which will remain Photographer’s property and are protected by Canadian Copyright law. Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties. 

 

14. Reproduction.  Client has permission to make reproductions of photographs taken on the wedding day and the engagement session if one is included in this Agreement.  Client agrees to reproduce images for personal use only, and shall not sell these prints, or supply images to any third parties (including vendors associated with the wedding).  Client agrees to include photo credit “photo by Lana Knoll Photography” if posting images for online viewing.  Client is not permitted to alter images.  Should Photographer become aware of reproduction without permission, Client will remit a usage fee of $300 per image, per usage to Photographer.  

 

15. Sole Photographer.  Photographer has permission to restrict photography by guests if they are interfering with photos, and is not held responsible if photos are ruined by guest photographers distracting the subjects / flash ruining shots / etc.

 

16. Second Photographer.  A second photographer is subject to availability.  In the event that a second photographer is requested and secured for the wedding date and for any reason becomes unavailable, and if another competent professional cannot be obtained, the cost of the second photographer as indicated in this Agreement will be reimbursed to the Client.  The Photographer will notify the Client by email or phone in a timely manner.