Entire Agreement

This agreement contains the entire understanding between Echoes of Eden Studios and Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by both parties.

Reservation of Time and Date

This contract constitutes an order for one wedding photography. Upon your signature of this contract and receipt of the reservation fee, Echoes of Eden Studios will reserve the time and date agreed upon, and will make no other reservations for that time and date of the contract. The reservation payment (40% retainer) is non-refundable, even if the wedding is canceled or rescheduled for any reason, including force majeure events such as acts of God, natural disasters, pandemics, or other uncontrollable circumstances. The reservation payment (retainer) is to be paid at the time of signing of the contract. The reservation payment (retainer) is non-refundable and no claim can be made, by the Client, to have the amount of the reservation payment refunded.

In the unlikely event that the assigned lead photographer is unable to perform the services due to illness, injury, or other emergency, Echoes of Eden Studios reserves the right to substitute with another photographer (associate) of comparable skill and style. Every effort will be made to secure a suitable replacement. If no suitable replacement is found, all payments made (excluding the retainer) will be refunded, and this Agreement shall be considered null and void with no further liability to either party.

Payments

Client understands and agrees that the full amount owed for the selected package is due no later than one (1) week before the wedding day. The Client will remain responsible for the balance of the full amount should any cancellations be made less than three (3) months before the wedding date. When booked for quarter (1⁄4), half (1⁄2) or full day the client agrees to pay for the time booked, regardless of whether the assignment is completed in a shorter time. However when the duration of the job exceeds the time booked for, the Client agrees to pay R1500 per hour or any part thereof (out of schedule rate).

Fees:

Retainer due (40%) upon signing

Remaining amount (60%) due one week before wedding date

Additional Hourly Pricing: R1500/hour per team

Retainer:

Client acknowledges and agrees that the retainer amount set out above is due upon the signing of this Agreement and is not refundable, so as to fairly compensate Echoes of Eden Studios for committing their time to provide the Services and turning down other potential projects or clients. Both parties agree that the retainer will be credited towards the total Fees payable by Client.

Late Payment:

If the Client fails to make any payment due under this Agreement by the Wedding date, Echoes of Eden Studios reserves the right to (i) withhold delivery of any images or services, (ii) suspend further performance under this Agreement until payment is made in full, and/or (iii) charge a late fee of 10% per week of the outstanding balance will be charged beginning 7 days after the payment due date, up to a maximum of 50% of the outstanding balance.

Pre-event Consultation

The parties agree to a pre-event consultation online before the event date in order to finalize the actual shooting times and locations. The Client will be responsible for or have someone designated, to identify people with whom specific photographs are desired. Echoes of Eden Studios will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs.

The Client agrees to set aside at least 30 minutes of time before the ceremony commences where they are fully dressed and ready for portraits. The Client agrees to one (1) hour of time after the ceremony or as agreed between the parties for a couple portrait session.

The Client agrees to consult Echoes of Eden Studios as to the ideal time for your couple shoot. If the Client's late arrival/readiness prevents either of these above mentioned time windows from occurring Echoes of Eden Studios will not be held liable for failing to obtain such portraits and the amount of photographs given to the client may also be affected negatively by same.

If agreed or required by the parties, the Client will provide a family photograph list with provision of 20 minutes per 10-12 family photographs. Where possible the Client will provide, indicate or allocate a person(s) to assist Echoes of Eden Studios in the smooth running of family portraits and identifying the necessary person(s) where required.



Timeline

Client agrees that Echoes of Eden Studios will work according to the provided timeline. Changes in timelines may be made up to a day in advance. Client agrees to inform Echoes of Eden Studios of any changes. Changes and late arrivals/readiness may cause problems with regards to sunlight availability and/or the amount of photographs that can be obtained. If a schedule runs late or if the necessity for extra hours arises the Client agrees to the out of schedule rate previously agreed on.

Client Responsibilities

Required Consents:

Client will ensure that all required consents, as applicable, have been obtained prior to performance of the Services, including any consents required for the performance of Services and the delivery of Work Product by Echoes of Eden Studios and, as applicable, from venues or locales where the Services are to be performed or from attendees of the Wedding.

Traveling and Accommodation:

Client will be charged according to AA rates plus toll fees. If the wedding is more than 150 kilometers from the residence of Echoes of Eden Studios, accommodation will be required. Dependent on the hours booked. The requirements thereof will have to be discussed with Echoes of Eden Studios.

Meals:

Echoes of Eden Studios request that a courtesy meal be provided for the photographer(s). If a meal is not provided, then the team may leave your reception for up to 45 minutes to obtain a meal. (Note: Echoes of Eden Studios is not responsible for any event not captured in the case that one or more of the team members must leave the reception to obtain a meal).

Waiver:

Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services) hereby waives all rights and claims, and releases Echoes of Eden Studios from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.

General Conduct

Echoes of Eden Studios agrees to professional and pleasant behaviour on your wedding day. Should any situation arise that may cause Echoes of Eden Studios serious concern with regards to their ability to effectively capture the wedding day of the Client it is agreed that Echoes of Eden Studios will immediately bring such matters/concerns/situations under the attention of the Client and that the Client will address these problems immediately in order for Echoes of Eden Studios to continue providing their professional services. When not addressed or solved by the Client this may result in a negative effect on the capturing and/or the amount of photographs and taken on the Client's wedding day.

Trust and Style

The Client states and agrees that he/she booked Echoes of Eden Studios as artists in their own right, and that the Client booked Echoes of Eden Studios based on their style and portfolio. The Client states and agrees to have viewed samples of Echoes of Eden Studios’ work and familiar with Echoes of Eden Studios’ portfolio and hereby grants full editorial and production control to Company, regarding all aspects of the production and post-production services for the event.

Whilst every effort will be made by Echoes of Eden Studios to supply the Client with a satisfactory product based upon the Echoes of Eden Studios advertised style, and to the specified requirements agreed beforehand, all editing and post production will be carried out to the Echoes of Eden Studios discretion.

No raw, unedited footage or images will be provided

Delivery of Finished Product

Due to the careful attention to detail and post-production required, delivery may take up to 20 weeks for photography and up to 30 weeks for videography

Client may not re-edit any of the digital negatives provided to them. Re-editing may be requested from Echoes of Eden Studios at the rate of R500.00 per hour (Request must be made two weeks after the delivery, digital negatives are only kept for 6 months after wedding). Editing will be at the sole discretion of Echoes of Eden Studios and may include both color and black & white images.

The Client agrees that once the final gallery and/or video has been delivered and acknowledged (via email, download confirmation, or signed delivery receipt), Echoes of Eden Studios is no longer responsible for the preservation or safekeeping of any files. Clients are encouraged to back up all media upon receipt.

Exclusivity and guest Photography

Echoes of Eden Studios shall be the exclusive professional photographer and/or videographer retained by the Client for the Wedding. The Client agrees not to hire or permit any other professional photographer or videographer to perform similar services at the event without prior written consent from Echoes of Eden Studios. Guest photography is permitted, provided it does not interfere with the duties of Echoes of Eden Studios.

If this exclusivity clause is breached — including, but not limited to, the presence of another hired photographer or videographer without Echoes of Eden Studios' prior written consent — Echoes of Eden Studios reserves the right to:

Immediately cease services with no further obligation to perform or deliver,

Retain all fees paid by the Client, and

Be held harmless for any resulting loss of coverage or quality of the final product.

Guest photographers/videographers will also not be allowed during official portrait sessions, including but not limited to family, bridal party, and couple portraits. Disruptions caused by guest interference may reduce the quality and quantity of images delivered, for which Echoes of Eden Studios shall not be held liable.

Term and Termination

Term:

This Agreement will begin on the Effective Date and continue until the date where all final Work Product has been delivered.

The performance of this contract on behalf of Echoes of Eden Studios shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers and/or conditions beyond its control.

Cancellation:

In the event of a postponement or cancellation of the wedding/contract, prior to three (3) month of the event, the amount paid will be returned, however the Retainer Fee is not refundable 40% of package chosen. If cancellation is made less than three (3) months remaining to the event, no refunds will be made and full photographic and/or videographics bill to be settled.

Rescheduling:

In the event of Rescheduling, Echoes of Eden Studios will use commercially reasonable efforts to accommodate Client’s change. If Echoes of Eden Studios is not able to accommodate Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and that Echoes of Eden Studios will be under no obligation to perform the Services other than on the original date of the Wedding.

Limit of Liability:

Echoes of Eden Studios takes every reasonable precaution to protect and preserve your images. All photographs and footage are backed up on multiple external drives to reduce the risk of data loss. However, in the unlikely event that photographs or video footage are lost, stolen, or destroyed for reasons beyond the Photographer’s control, Echoes of Eden Studios' liability is limited solely to the return of all payments received by the Client.

This limitation also applies to any loss or damage of photographic materials or data due to equipment malfunction, memory card failure, data corruption, theft, fire, or other technical or unforeseen issues beyond Echoes of Eden Studios' control. All reasonable efforts will be made to recover or restore lost data, but no guarantees can be made.

Force Majeure:

Echoes of Eden Studios shall not be liable for any failure or delay in the performance of its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, fire, strike, war, acts of government, failure of suppliers, or other force majeure events. In such circumstances, Echoes of Eden Studios will make reasonable efforts to reschedule or fulfill the services. If services cannot be completed, Echoes of Eden Studios shall refund all payments received, excluding the non-refundable retainer.

Model Release

The Client hereby grants and assigns Echoes of Eden Studios and it's legal representatives the irrevocable and unrestricted right to use and publish footage of the Client or in which the Client may be included for editorial, advertising and any other purpose.

Digital Negatives and Copyright

The digital negatives produced by Echoes of Eden Studios are protected by the copyright law (all rights reserved) and Echoes of Eden Studios retains the copyright to all photographs and images produced. The Client may reproduce any images in any way that they like for sharing and enjoyment for themselves, friends and relatives. This reproduction excludes the re-editing by the Client, in any way, of the photographs by Echoes of Eden Studios as the final product. The Client must obtain written permission from Echoes of Eden Studios prior to the Client or anybody else using the photographs for display advertising, exhibition, publishing or selling. Usage of the images without payment will be considered a breach of contract and copyright would remain that of Echoes of Eden Studios until the account is settled in full. Echoes of Eden Studios reserves the right to make use of any of the photographs for self promotion and/or portfolio use.

General

Amendment:

This contract has been freely negotiated and shall be recognised as the entirety of the agreement, and only those changes or modification specifically placed in writing, attached, signed and dated by Client and Echoes of Eden Studios at the time of the signing shall be recognised as amendments of this contract.

Entire Agreement:

This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.

Severability:

If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.

Governing Law:

This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts located in South Africa.

I/We have read the above terms and conditions and fully understand and agree to authorise Echoes of Eden Studios to capture the wedding specified on the terms and conditions set forth on this contract by signing.