This Agreement is made effective for all purposes, by and between Wonder & Magic, hereinafter referred to as “the Author” and Client 1 and Client 2, relating to the event(s) detailed above, hereinafter referred to as “The Wedding”. The only way to add or change this contract is to do so in writing, signed by all the parties.
Article 1. The Clients shall make a non-refundable retainer in the amount of xxxx for the Author to perform the services specified herein. Both an executed contract and xxxxx non-refundable retainer is required to reserve the wedding photography services detailed in this contract on the agreed-upon date. Upon payment, the Author will reserve the time and date agreed upon by both parties, the date is NOT RESERVED until both the executed contract and the xxxxx non-refundable retainer have been received by Wonder & Magic. The retainer of xxxxxx is applied towards the contracted wedding photography and/or videography collection. Wedding photography and/or videography services are reserved on a first-come, first-served basis. Therefore at the time the contract is signed by both parties and the non-refundable retainer is paid, Wonder & Magic will reserve the date agreed upon for {contact_1_first} and {contact_2_first} and will not make another reservation for the date agreed upon. For this reason, all retainers are non-refundable, even if the date is changed, if the wedding is cancelled, or if the Clients {contact_1_first} and {contact_2_first} cancel this contract. The Clients agree that this retainer is earned by the Author when paid, and is remitted in consideration of the experience, reputation, and skill of the Author, Time already spent on admin, and in consideration of the inability of the Author to schedule other clients for the contracted date.
Article 2. The author hereby undertakes to take wedding photographs and/or films for the Clients as stated in the wedding information above.
Article 3. Wedding day coverage consists of starting 2 or 3 hours before the ceremony start time and ending with the first 3 dances or 10 pm whatever comes first, except when specified differently on the collection chosen. The time may not be split up and must be taken as a single block.
Article 4. For the photographs and/or films under Article 2 (two) of this Contract, the Client agrees to pay the author’s full fee no later than the date of the event. VAT & Travel expenses are included in the final fee. No products, including digital files, will be released until the agreed-upon amount is paid in full.
Article 5. Additional hours are €350 per hour. If the clients request any extra hours on the day of the wedding, the extra hour fees need to be paid the same day, when the photographer finishes the service.
Article 6. The client may cancel this contract at any time. The Author recommends that wedding insurance be taken out which will cover all suppliers’ fee’s should the wedding be cancelled. All cancellations must be made in writing and signed by all contracted parties and are subject to the following charges:
6.1. From the date the contract is signed to 9 calendar months away from the booked date, the Clients’ liability is limited to the initial retainer fee only.
6.2. In Less than 9 calendar months to 6 calendar months, the Clients’ are liable to pay 50% of the overall package price.
6.3. In Less than six calendar months to 3 calendar months, the Clients’ are liable to pay 75% of the overall package price.
6.4. When cancelling with less than 3 calendar months’ notice, the Clients agree they are liable to pay 85% of the overall package price.
Article 7. In the event that the Author has to cancel this Agreement, the retainer fee and all monies paid up to the date of cancellation will be refunded.
Article 8. In the event that the Client reschedules the wedding at least 4 weeks prior to the wedding date, and such rescheduling is confirmed in writing to the Author, the booking fee may, at the Author’s sole discretion, be applied to the new date. The new package price will reflect pricing in effect when the date change occurs and a new contract will be required to reflect the changes. In the event the rescheduling occurs within 14 days of the original wedding date, the Client shall be required to remit a new booking fee.
Article 9. The client agrees to confirm the schedule and details for the wedding at least one week prior to the wedding through a wedding questionnaire and an e-meeting. This e-meeting is to finalize the schedule, locations, and the Clients’ particular requests. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the Author by the Client.
Article 10. The Author reserves the right to a complete stylistic and artistic expression. On their own behalf, and on behalf of the subject, the Client acknowledges that he is familiar with the Author’s portfolio and is requesting services with knowledge of the Author’s style; that the Author’s work is constantly evolving; that the Author’s services are of a unique and artistic nature; that the images may be different from photographs and/or films that were taken by the Author in the past and that in creating the photos, the Author is obliged to provide his services to the best of the Author’s abilities and will use his personal artistic judgment to create images consistent with his personal vision of the event. Accordingly, the Client acknowledges that the photographs and/or films will not be subject to rejection on the basis of taste or aesthetic criteria.
Article 11. The Author is a non-traditional photographer/videographer and does not work from detailed “shot lists”. The Author’s approach is documentary and creative. As such, the Author works in a free owing manner to best provide you with photographs and/or films, that represent this style and approach. Specific or requested photos and/or films such as but not limited to screenshot ideas, Pinterest boards, Instagram or Facebook feeds, other photographers/videographers’ work, etc.; cannot be guaranteed by the Author.
Article 12. The author will make every reasonable effort to deliver all photographs and/or films requested by the Client. The Author and the Client both agree that the Author is not responsible for compromised coverage due to causes beyond the Author’s control, including, but not limited to: failure of equipment, corrupted files, information not revealed to the Author, weather conditions, schedule complications, the lateness of the bride, groom, family members, and bridal party members or other principles, other people’s camera or flash, rendering of decorations, restrictions of the venues or officiate, existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. The photographer’s coverage is limited by the guidelines of the ceremony official or the reception site management. The Client agrees to accept the technical results of their imposition on the photographer/videographer. Negotiation with the officials for moderation of the guidelines is the Client’s responsibility.
Article 13. The Client is responsible for acquiring all permits and necessary permission for all locations on which the Author will be performing services.
Article 14. Images and films are edited at the Author’s discretion, and delivered files will not include all images and films taken by the Author. Raws files will not be delivered. The Author reserves the creative right to edit and release only those deemed creditable as professional in quality and within the Author’s artistic standards. The selection of delivered photographs by the Author is final. Small adjustments and changes on films can only be done once and have to be requested within 15 days of the delivery of films. In order to retain a documentary approach, the Author’s photograph editing includes colour correction, re-sizing, blemish removal (if needed) and cropping of the images. Photographs will be colour-corrected and fully edited, but will not be heavily retouched. If the Clients wish to have specific editing on any photographs (included, but not limited to the following: heavy correction of makeup, environmental effects, clothing, reflections in glasses, removal of objects, or any other excessive editing), the Author will accommodate the Clients and will quote an hourly editing fee of €250 to accomplish this task. Up to a maximum of 20 images can be enhanced further to include minor object removal and other digital enhancements. This type of editing cannot be done on films.
Article 15. The Author retains the copyright ownership of all works created in the course of this Contract under Irish law, including but not limited to all images and/or films in their original and processed formats. It is understood that any alteration of original images is strictly prohibited. Alterations include, but are not limited to, the application of filters, cropping, or modifications of any kind. However, this Contract allows the Clients to print images and use films in unlimited form and number, but solely for personal, non-commercial purposes.
Article 16. The Clients are obliged not to pass the photographs and/or films to the other wedding service providers (caterers, wedding organizers, etc.) without the prior written permission of the Author.
Article 17. The Clients hereby assigns the Author the unrestricted right to use and publish photographs and films of the Clients or in which the Clients may be included, for editorial, trade, advertising, educational, and any other purpose and in any manner and medium; to alter the same without restriction, and to copyright the same without restriction. The Clients releases all claims to profits that may arise from the use of images and films.
Article 18. In the unlikely event that the assigned Author is unable to perform to the guidelines of this contract due to an injury, illness, act of God, denied entry, theft, or other cause beyond the control of the Author, the Author will make every effort to secure a replacement photographer and/or videographer. The substitute photographer and/or videographer is chosen at the discretion of the Author and does not constitute a breach of this Contract. The Author warrants the substitute photographer and/or videographer to be of comparable quality and professionalism. 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.
Article 19. The Author reserves the right to terminate coverage and leave the location of the wedding if the Author experiences inappropriate, threatening, hostile, or offensive behavior from person(s) at the wedding; or in the event that the safety of the Author is in question.
Article 20. The Author will never put the clients in harmful situations. Any directions issued to the clients, their guests, or employees during the coverage of the event are deemed to be at said person’s own risk. The Author cannot be held responsible for any personal accidents during the coverage of the event.
Article 21. If negligence on the client’s part or the part of any individuals that accompany the client at the event causes any equipment, props, or any of the photographer’s property to malfunction or become damaged, the client will be liable for the cost to repair or replace said item(s).
Article 22. A hot meal is very much appreciated and shall be provided by the Client to the Authors and assistants during full-day coverage. It will be consumed while the Client and their guests are dining in a location, separate from the wedding guests.
Article 23. The author will take the photographs and/or films on the date stated in the contract and complete the work for delivery in digital form no longer than twelve weeks after the event in the case of photos and within 6 months from the event in the case of films.
Article 24. The Author will make every reasonable effort to handle all digital photographs and films of the event on a minimum of two (2) separate digital storage units simultaneously after the wedding until the photographs and/or films are delivered to clients. The limitation of liability also applies to any loss or damage of photographs and/or films, or failure to deliver photographs and or films for any reason.
Article 25. Upon receipt of the digital media, both physically or online, the Client accepts all responsibility for archiving and protecting the photographs and films. The Author is obliged to archive images for 12 months from the date of the delivery of files in the online gallery provided to clients. The Author 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 the digital media provided. It is the Client’s responsibility to make sure that digital files are copied to new media as required.
Article 26. Any Wedding Albums included in the collection need to be ordered within 3 months after the delivery of the gallery. After this period a fee of €250 applies.
Article 27. The charges in this Contract are based on the Author’s Standard Price List. This price list is adjusted periodically and any extra future orders shall be charged at the prices in effect at the time when the order is placed. Any additional fee for goods ordered by the Client must be paid for in full at the time of ordering. Goods will not be ordered until the payment is done. Titles to all goods remain with the Author until paid in full by the Client.
Article 28. Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract. The Client should place orders with sufficient time to allow for normal delays and notify the Author at the time of the order if there are any extenuating circumstances requiring a quicker turnaround. An expedited fee shall be applied to expedited product requests which will depend on the product(s) ordered. The Author shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
29.1. Prints shall take 6 weeks from the time of print order to be processed and delivered to the Client.
29.2. Albums will be available for collection 8 to 12 weeks from the date of final design approval by the Client to be received by the Author and/or after any extra fees are paid in full.
29.3. Wall art shall take 8-12 weeks to be processed from the time of order.
Article 30. This Contract is made up of multiple identical digital copies. Each Party retains one (1) copy of the contract. The contracting parties have read, understood, and agreed upon the terms and conditions of this contract by signing it.
Article 31. To the extent that the performance by the Author of its obligations under this Agreement involves the processing of personal data (as defined in the Data Protection Act 2018 (DPA) and the General Data Protection Regulation (GDPR) (as amended, revised, or replaced from time to time) on behalf of the Client, the Author agrees:
- to process data solely in accordance with the instructions of the Client and the terms of this Agreement;
- to implement and maintain such technical and organisational security measures as may be required to comply with the Author’s data security obligations under the DPA and GDPR;
- to notify the Client or any wedding guest of the Client and obtains its prior written approval to the transfer of personal data to a country or territory outside of the European Economic Area; and
- to enter into such other written agreement in respect of the processing or transfer of personal data as the Author may require.
Article 31. 31.1. Unless you indicate otherwise, I will deem your instructions in respect of this wedding photography and/or videography contract to constitute as appropriate consent for the maintenance and processing of your personal data under the provisions of the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).
31.2. The data protection representative is EMMYLIE CRUZ, whom you can contact through www.wonderandmagic.ie
31.3. For my clients, we process your data:
- in order to provide you with wedding photography and videography services; and
- in order to provide you with wedding photography and videography advice.
31.4. The legal basis for the processing of this data is necessary for the performance of a contract to which you are a party.
31.5. Where we process special categories of data relating to you, e.g. race or ethnic origin of a data subject, that we may process in connection with your wedding pictures and/or films.
31.6. There may also be limited circumstances where our legal basis for processing is based upon your written consent (where we have sought it and you have provided it to us), in which case you can withdraw your consent at any time. You must give us notice that you are withdrawing your consent.
31.7. You have the following rights under the GDPR, in certain circumstances and subject to certain exemptions, in relation to your personal data:
- right to access the data – you have the right to request a copy of the personal data that we hold about you, together with other information about our processing of that personal data.
- right to rectification- you have the right to request that any inaccurate data that is held about you is corrected, or if we have incomplete information you may request that we update the information such that it is complete.
- right to erasure – you have the right to request us to delete personal data that we hold about you. This is sometimes referred to as the right to be forgotten.
- right to restriction of processing or to object to processing – you have the right to request that we no longer process your personal data for particular purposes, or to object to our processing of your personal data for particular purposes.
- Right to data portability – you have the right to request us to provide you, or a third party, with a copy of your personal data in a structured, commonly used machine-readable format.
31.8. If I am processing personal data based on your consent, you may withdraw that consent at any time. This does not affect the lawfulness of the processing which took place prior to its withdrawal.
31.9. In order for us to process your data on the basis of consent, please sign the signature block below confirming I am permitted, based upon your consent, to process your data.
31.10. If you are unhappy with how we. process personal data, we ask you to contact us so that we can rectify the situation.
31.11. You may lodge a complaint with a supervisory authority. The Irish supervisory authority is the Data Protection Commission.
31.12. If you do not provide us with your information for the purposes described above, I cannot provide you with wedding photography and/or videography advice and/or services.
IN THE MATTER OF GENERAL DATA PROTECTION REGULATION (GDPR) AND DATA PROTECTION ACT 2018 PROCESSING NOTICE
CONSENT DECLARATION
I have engaged Wonder & Magic at Apt 25, Beaumont Court, Block 1, Beaumont Woods, Dublin 9, to provide wedding photography and/or videography advice and services at the following wedding at {event_locations} on {event_date}.
I say that I have read the terms and conditions of this contract of engagement, in particular, Clause 26 (Data Protection) and I give my written consent to Wonder & Magic processing my data in respect of the above wedding service. I make this Notice from facts within my own knowledge conscientiously believing the same to be true.
I consent to Wonder & Magic at Apt 25, Beaumont Court, Block 1, Beaumont Woods, Dublin 9, processing my data in respect of the above-entitled wedding and placing my pictures and films therefrom and from photographic and/or videography sessions that may occur before the wedding on the following: Online gallery System, Instagram, Facebook, Vimeo, Dropbox, Tiktok, Websites, Pinterest, E-mails.
