ENTIRE AGREEMENT
This agreement contains the entire understanding between LITRATO and the CLIENTS. 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 all parties. 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 agreement to waive one or more provisions of this agreement or 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.
THE CLIENTS
1. We authorize Litrato to arrange the photography of our Wedding, in accordance with the details overleaf. We understand there is a 3 working day cooling-off period from the date of signing this contract and for any orders placed.
2. We have received, read and understand Litrato's price list, which has been confirmed for our wedding, on payment of the retainer fee. We agree that payment of the retainer fee confirms the booking with Litrato as per the details shown in the front of this order. We understand that a signed contract and retainer fee are required to reserve the dates and times of the Event(s). If the Event(s) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the Client, the retainer fee is non-refundable and shall be liquidated damages to Litrato. The Client shall also be responsible for payment for any of Litrato's materials charges incurred up to time of cancellation.
3. We agree to pay the full balance at least two (2) weeks prior to the Wedding Day. Failure to do so gives Litrato the right to refuse to carry out the photographic services.
4. The booking of and any additional costs incurred for booking venues, photography locations, parking fees, tolls, etc. are our responsibility. If these are not paid for separately, Litrato will invoice us for these and such invoice must be paid in advance. If the invoice is not paid for prior to commencement of the photographic services, photographic coverage may be reduced.
5. If the photographer is required to remain after the meal, a meal will be provided by us. (a) We are satisfied that the details overleaf are correct and will confirm the details prior to the Wedding. We agree to advise the hairdressers and makeup artists, the hire cars and the caterers of all the relevant times, details and locations as detailed here and to coordinate their services. (b) The details and times accompanying this agreement form part of this agreement and we agree to make every effort to cooperate in order for Litrato to fulfill its contracted photographic duty. We acknowledge the Studio will not accept responsibility for the extent of the photographic coverage and fulfillment of the photographic services in accordance with the details herein if these details are incorrect or if we choose not to follow the agreed schedule.
6. To avoid disruption to the photographic coverage and to allow Litrato to fulfill its contracted duty, other photography by family and friends will be at the discretion of Litrato’s photographer.
7. We accept the responsibility to contact Litrato, at least two (2) weeks prior to Wedding, to confirm details are correct and there are no alterations.
8. We agree to immediately advise Litrato in writing of any alterations in the details listed here including postponement or cancellation of the wedding.
9. In the event of cancellation of the wedding we agree that the retainer fee will be forfeited, but that Litrato may allow a claim towards other photography by Litrato within twelve (12) months of the date of this order at the sole discretion of Litrato.
10. We agree the Copyright in all photographs is owned by Litrato. We give permission to Litrato to use any image of our Wedding for industry competitions and as required for subsequent usage and for reasonable general promotional advertising for Litrato. The usage for any other purpose is to be renegotiated between the parties and requires specific permission.
11. We understand that these photographs are only to be used as agreed and may not be copied or reproduced unless written approval had been granted by Litrato.
12. The digital files remain the property of Litrato and will be kept on file a period of five (5) years. We recognize that materials & technology change constantly so we need to place our required order as soon as possible to obtain the optimum quality. We note that we may then negotiate with Litrato for release of the digital files. Regarding reordering photographs, we also understand and agree to clause 13.:
13. (a) All orders including family and friends’ orders are to be placed within eight weeks of viewing of the proofs, otherwise prices current at the time of ordering will apply. (b) The wedding will be considered one Order, regardless of how many individual parties request photographs. We are responsible for payment and collection of the entire order and no partial orders will be given out until full payment for the Order is received. (c) All orders must be accompanied by full payment unless prior arrangement with the Studio had been made. (d) Should we fail to pay and collect any order within fourteen (14) days of notification of completion, the order shall be in default and Litrato shall charge a default charge of 1.5% per month (18% annual rate) on the unpaid balance (minimum monthly charge of $5.00). In addition, we acknowledge that no future orders will be processed until the Order is paid in full. (e) All orders shall remain the property of Litrato until full payment has been made. (f) Telephone orders require written confirmation with payment before the order can be processed. (g) All reasonable freight and postage for the prints we request, will be paid by us. 14. I acknowledge and agree that Litrato has no control over the environment in which the photographs are kept and that colour photographs, in common with all sensitized material and colour dyes, have limited life expectancy which is further reduced when exposed to strong and prolonged sunlight, heat or fluorescent light sources. Photographs will last longer if displayed under good lighting conditions.