This agreement contains the whole understanding between Justin DiGiovanni Photography & the client. The only way the agreement can be changed is to email, text, or call Justin DiGiovanni Photography by the relevant parties. RETAINER A non-refundable retainer fee of 1/3 the cost of the total package fee is required for this contract to be valid and to hold the date of your wedding. No date is reserved until a retainer is received. Upon clients' signatures and payment of retainer fee, Justin DiGiovanni Photography agrees to reserve the date and time specified. The retainer fee is applied toward the final contracted wedding package and is not in addition to the package chosen. If the retainer is not received within 3 days of the contract being signed, the contract is null and will be cancelled and your date released for other couples to book. The retainer may be sent via venmo or check. FINAL PAYMENT The balance of the complete package price must be paid by 30 days prior to the wedding date. If final payment is not received as set forth herein, Justin DiGiovanni Photography reserves the right to withhold delivery of the images or not attend the wedding until payment is received. CANCELLATION There shall be no refund of retainer after 24 hours of signing the agreement due to reservation of photography date. Once a balance is paid, it is non-refundable. If cancellation of the wedding or with the photographer is within 30 days of scheduled wedding date, the entire balance is due in full. Please be reminded that once a date is reserved, all other inquiries and bookings are turned away so any potential clients are forfeited, therefore the balance in full is still due if any cancellations occur 30 days before the event date. If the scheduled event date is postponed within 30 days of the wedding, the retainer fee will be transferable up to 365 days after postponement with a $300 rescheduling fee added to the original package fee. The client expects the new date to not automatically be available if postponement should occur. CHANGE OF DATE OR VENUE Justin DiGiovanni Photography must be notified immediately of any changes in schedule or location at least one week before scheduled date of event. Notification of any changes can be written and sent via email. If an email is sent, a confirmation of receipt must be received by client in writing within 24 hours of receipt. It is the client's responsibility to confirm all arrangements at least a week prior to event. Changing your date is subject to fees and the availability of new date. PERMISSIONS It is the clients' responsibility to schedule and receive permission to use various locations for photography, including the wedding and reception locations and any other locations throughout the day. If a location requires a payment, this payment will be paid by the clients. WISH LIST The wish list should be submitted no later than 2 weeks before wedding date. The wish list includes any specific poses or shots to be taken during the photoshoot requested by the client. This wish list will be considered and factored in with the timeframe and schedule. Any requests made by parties other than the client on the wedding day may not be granted due to time. This list is a request, not a guarantee. The wish list is for organizational purposes and Justin DiGiovanni Photography will produce requested material with best efforts, but it is not guaranteed. WEDDING COORDINATOR/EVENT GUIDE The client is responsible for communicating all day of information within 2 weeks of the wedding including but not limited to : timeline, itinerary, schedules, etc. The client is responsible for identifying people, objects, and which specific photographs are desired at the wedding and reception. The photographer will not be held accountable for not photographing desired people or objects if there is no one to assist in identifying or gathering people for the photographs. The client is also responsible for identifying any individuals who do not desire to be photographed. MEAL POLICY If an event lasts more than 4 hours, the photographer is subject to an included meal provided by the client. EXCLUSIVITY Justin DiGiovanni Photography shall be the exclusive photographer retained by the client for the purpose of photographing the wedding. Family and friends of the clients and other wedding vendors shall not interfere with the photographer's duties. Guests will be asked to refrain from taking flash photographs at certain intervals of wedding services to ensure proper exposure of images. Additional professional photographers may be employed by the client only with proper written permission from Justin DiGiovanni Photography. Guest photographers may not be active during the ceremony and will not be allowed to photograph during family and individual portraits. Justin DiGiovanni spends special time planning and posing your photographs and asks that guests not intervene. FAILURE TO PERFORM Due to the limited and subjective nature of weddings, Justin DiGiovanni Photography cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the location restrictions. The photographer is not responsible for lost photo opportunities due to equipment malfunction, lateness of couple, lateness of other attendees, weather conditions, rules and restrictions of venue, or any other unforeseen limitations. UNFORESEEN CIRCUMSTANCES CLAUSE If Justin DiGiovanni Photography cannot perform this agreement due to a fire, casualty, illness, injury, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism, or other causes beyond the control of the parties, then Justin DiGiovanni Photography shall return any moneys paid by the client, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, camera malfunction, or otherwise lost or damaged without the fault on the part of Justin DiGiovanni Photography. LIABILITY Justin DiGiovanni Photography is not responsible for any injuries inflicted upon any participating parties. Clients will be responsible for themselves, any children, and will release photographer from any claims against their person or their business. Photographer is not responsible for damages to any garments or belongings during event. Justin DiGiovanni Photography will not put any parties in a situation (unless requested by wedding couple) that will cause harm or damage to special garments. EXPENSE REIMBURSEMENTS The clients agree to reimburse Justin DiGiovanni Photography for all reasonable expenses relating directly to the wedding event itself. For example, parking fees, destination travel fees, hotel fee accommodations, etc. Both parties agree to discuss this thoroughly to avoid any surprises as to what will constitute an expense and Justin DiGiovanni Photography agrees to supply expense receipts if so requested. Weddings outside of a 50 mile radius from Estes Park, Colorado will require an upfront payment of $100 per 50 miles out for travel fees. This travel fee may be paid with the retainer, otherwise it will be added to the final payment. Justin DiGiovanni Photography will bill the wedding couple after the event or prior whichever is set in writing. OVERTIME Justin DiGiovanni Photography charges $300/hour for each overtime hour. All overtime will be billed to client after the event and no images will be delivered until it is paid. CREATIVE LICENSE Images may be edited at the photographer's discretion, and delivered images may not include all images shot. The photographer reserves the creative right to edit and release only those deemed professional in quality and within the photographer's artistic standards. By signing this contract, the client is aware of the style of photography that Justin DiGiovanni Photography produces. COPYRIGHT Justin DiGiovanni Photography has the copyrights to all photographs created. All photographs that are created are protected. It is unlawful and is violating federal copyright laws to copy, screenshot, scan, reprint, digitally reproduce, duplicate, or digitally alter without Justin DiGiovanni Photography's written permission. The digital files remain sole property of Justin DiGiovanni Photography and will never be given or sold. Justin DiGiovanni Photography agrees to grant these image rights to the client with a non-exclusive, perpetual, limited license which includes : Displaying, printing, uploading, electronically transferring, e-mailing, and publishing images on social media websites. *Justin DiGiovanni Photography should be credited appropriately when posting to public online platforms and social media. This license will prohibit the client from doing the following : - Applying for copyright registration or selling of any image or electronic files supplied by Justin DiGiovanni Photography - Making derivative works or modifying including editing and/or manipulating electronic files - Making money off of images in any way RECEIVING IMAGES Images will be ready to deliver 4-6 weeks after the wedding. Your images will be delivered via an online sharing service and gallery and any prints or products ordered will be delivered within a week. PURCHASE OF PRINTS Justin DiGiovanni Photography does not guarantee the quality of any prints, albums, or other photo products not purchased through Justin DiGiovanni Photography. If the client desires professional-quality prints, they may be purchased through Justin DiGiovanni Photography. RETOUCHING Basic retouching will be added to all images. Basic retouching includes global adjustments (white balance, color correction, exposure, contrast, clarity, etc), basic skin and beauty retouching and any other things seen to be fixed by the photographer that falls in to a basic category. What classifies in this category falls under the photographer's discretion. Any additional extensive retouching may incur an additional charge if the client decides they would like the retouching after receiving the gallery of images. Examples of extensive retouching would be any body or weight changes, extensive blemishes, etc. ENGAGEMENT SHOOT If an engagement shoot is included in your package, the client can expect to receive the edited photos 5-12 days after the engagement shoot date. STORAGE OF IMAGES Justin DiGiovanni Photography cannot be held responsible for the failure of digital backups, usb's, dvd's, etc. due to mishandling by the client. It is the client's responsibility to keep several copies of any digital or hard copies of the images in more than one location, and back the images up on another format such as a hard drive. Once the images are in the hands of the client, it is the client's responsibility to download and save the images. THE UNDERSIGNED HEREBY ACKNOWLEDGE THAT THEY HAVE RECEIVED, READ, AND UNDERSTAND THIS AGREEMENT'S CONTENTS. If you would like to request exceptions to this release, please contact Justin DiGiovanni Photography by e-mail. All parties understand and agree to all that is above. Clients agree to only sign if they have read and agreed to the terms of service in this contract and they believe all information is deemed correct to the best of their knowledge.