Terms Of Service

All you need to know about hiring me as your photographer

This Agreement is made between Rafique Muzhaffar Photography, hereinafter referred to as “the COMPANY” and (Name of client), hereinafter referred to as “the CLIENT” relating to the wedding detailed below, hereinafter referred to as “the EVENT”.

 

ENTIRE AGREEMENT:

This agreement contains the entire understanding between the COMPANY and the 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 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.

 

PRICING:

You may refer to my pricing here.

BOOKING:

A booking fee of 50% of the total event price is required to reserve the date and times of the EVENT. The CLIENT should book the COMPANY at least two weeks in advance.

Failure to do so, the CLIENT has rights to neglect the event. If the EVENT is rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the booking fee is non-refundable and shall be liquidated damages to the COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY’s materials charges incurred up to time of cancellation (if any).

PAYMENT:

The CLIENT should proceed with the balance payment of the remaining 50% upon delivering of photos within 7 DAYS. The payment can be received in cash or online transfer to the stated bank account above (CIMB Bank).

DELIVERY:

The COMPANY will deliver 10-15 highlight photos on the day of event before midnight through email. The remaining photos will be delivered in edited JPEG format within 30 days from the date of the event, RAW files are available upon request. The CLIENT will receive the photos in a soft copy through email. The COMPANY will inform the CLIENT if delivery delays due to unenviable events with compensation provided.

PRINTING:

The COMPANY’s professional photo printer will be used with only high-quality papers and inks. The COMPANY provides photo printing services with sizes varying from 4R, A4, A3 and A3+. Printing will be available upon request and charged separately.

EVENT SCHEDULE:

The 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.

SAFETY:

The COMPANY reserves to right to terminate coverage and leave the location of the EVENT if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT; or in the event that the safety of the photographer from the COMPANY is in question.

SHOOTING TIME / ADDITIONS:

The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT, shooting will commence at the scheduled start time and end at the scheduled end time. The CLIENT is able to request an additional time beyond the scheduled end time on the day of the event. The additional time will be billed to the CLIENT.

TRAVEL EXPENSES:

All travel expenses are based on the distance between the EVENT’S location(s) and the COMPANY’s location. For all EVENT(S), RM0.80 per kilometer (including return) will be charged in excess of 30km from the COMPANY’S location.

RESPONSIBILITIES:

The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT. The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT.

EXPENSES INCURRED:

When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs if EVENT exceeds 30km from the COMPANY’s location.

VENUE AND LOCATION LIMITATIONS:

The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT’S responsibility; the COMPANY will offer technical recommendations only.

PERMITS:

The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing the services.

MODEL RELEASE:

The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT 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 CLIENT releases all claim to profits that may arise from use of images.

LIMIT OF LIABILITY:

In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT.

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, the COMPANY liability is limited to the return of all payments received for the EVENT. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the final delivery of all products included in the package.

CAPTURE AND DELIVERY:

The COMPANY is not liable to deliver every image taken at the event. The CLIENT should discuss with the COMPANY for the necessary images before the EVENT or else the determination of images delivered to the CLIENT is left to the discretion of the COMPANY.

SATISFACTION GUARANTEED:

The COMPANY guarantees satisfactory photos if not a compensation will be discussed beyond.

POST PRODUCTION AND EDITING:

The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.

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