This agreement is between all clients, hereinafter referred to as the "Clients", and Lightsmithco, hereinafter referred to as the "Photographer". These service agreements are subjected to be changed any time without prior notice.
Entire Agreement: This agreement contains the entire understanding between the Clients and the Photographer.
Complete Trust: By engaging the Photographer, the Clients trust the Photographer completely, including his professionalism, character, photography skill and decision.
Booking and Fees of Service:
Consultation: This normally happens at the time of booking. The Clients will outline broadly what is required and the Photographer will advise on planning, logistics and timings where needed.
Under-declaration of Requirements: The Photographer reserves the rights to reject the additional requirements or revise the quotation at any point of time if the Clients have failed to provide important details, such as the exact location, start and end time for the Photographer to be present, or for special requests such as early delivery or privacy of photographs. In situation where the additional requirements cannot be fulfilled for whatever reason the shoot will continue without the additional requirements.
Confirmation: A payment of the booking fee (deposit) is necessary to confirm the photography services from the Photographer. Quotation and availability are subjected to changes before the booking fee is given to the Photographer. In the event of the Clients cancelling the shoot for whatever reason the booking fee is non-refundable. It will be considered as liquidated damages to the Photographer.
Payment of Booking Fee: The payment of booking fee is via PayNow or bank transfer to the Photographer's bank account. If the Clients fail to pay the booking fee within 24 hours after the Photographer has given the bank account details, the Clients hold the responsibility to double confirm the availability of the Photographer on the agreed date in case another client has already booked the Photographer.
Full Payment: The full payment, less the booking fee, is to be given to the Photographer at the commencement of the day of the shoot. It can be in cash, PayNow or cheque.
Booking Duration: Booking duration includes the setting up and dismantling of equipment, such as the strobe(s) and light modifiers where necessary. The booked duration will begin at the stated timing and include both breaks and travelling time. Although the Photographer will always try to turn up at the venue earlier to get settled down, he is not subjected to begin shooting earlier. If the Clients want the Photographer to turn up earlier to have a proper rest or capture the scenery, interior, food, items or the arrival of guests, which is highly advisable to create a better flow of the story through the photographs, the Clients will have to include the time into the booking duration of the Photographer.
Actual Production/ Shooting Day
Bad Weather: In situation of bad weather for an outdoor shoot, the Client will suggest an alternate location for the shoot. The booked (starting and ending) time for the Photographer remains the same.
Extension of Shoot: Extension of shoot is subjected to the Photographer's availability and energy. The Clients are advised to give advance notice to the Photographer for any possibility of extension of shoot.
Meal: The Photographer will need to eat in order to replenish his energy and stay in tip-top condition. The Clients agree to provide a meal for the Photographer if the length of attendance exceeds four hours. In situation where a buffet is catered, the Clients agree to provide a share for the Photographer. The Photographer may also take a bite or break in the midst of any shoot.
Transportation: In cases where there is more than one venue for the event, transportation will be provided by the Clients. It is advisable that the Clients hire a driver and car to make sure there is no delay.
Cooperation: The Clients and the Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract.
If required, we recommend that the Photographer be provided with a helper who will point out key individuals to be photographed. The Photographer may also require the assistance of the person in organizing group shots. The Clients also agree to give the Photographer sufficient warning of key events to give the Photographer time to prepare e.g. Bouquet throwing, cake cutting, award presentation, speeches etc. Please note that not all guests like having their photographs taken. In such cases the Photographer will use his discretion but cannot be held responsible for a lack of photographs of these people.
Quality over Quantity: The Clients agree that quality of photographs is more important than quantity of photographs and do not rush the Photographer during the shoot. Depending on the situation, the Photographer will set up strobe(s) (lighting) and light modifier(s), which will take up lots of time. The Clients understand that any changes in position of shoot or sunlight may require testing of exposure, including for the ambient light and then power of strobes, which require time.
The Schedule: The Photographer's shooting schedule, style of working and experience are designed to achieve a great set of photographs for the Clients, accomplished with good humour and enjoyed by all concerned. Both the Clients and the Photographer therefore agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the shoot does not run on time (for example, extreme lateness by one of the Clients arriving to the location) the Photographer cannot guarantee to take his normal set of photographs although in such circumstances he will do his absolute best to compensate.
Paparazzi Guests: All the guests will have digital cameras and all the guests will want to photograph the Clients or subject(s). In the spirit of cheerful cooperation the Clients agree to give the Photographer precedence over the guests in order to take the photographs required for the photography services requested for. The Photographer cannot be held liable for a lack of photographs if guests taking their own photographs of the Clients or subject(s) continually interrupt the Photographer's work.
House Rules: Note the Photographers are sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example some ministers insist that no flash photography is allowed, and others will insist that the Photographers shoot from a specific location. In such circumstances the Clients agree to accept the technical limitations that may be imposed on the equipment used. The Clients are advised to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.
Refusal to Shoot: The Photographer reserves the right to not take any photograph that he deems inappropriate, unflattering or may cause any harm to his equipment or himself physically or mentally.
Post-production/ Photo Editing
Good Photographs: Good photographs refer to the photographs that are useable as deemed by the Photographer. These exclude photographs that the Photographer thinks are not sharp, have unflattering looks and expression of adult human beings, poor in composition or are similar (duplicates).
Basic Editing: If unspecified, all photographs will be subjected to up to basic editing. Basic editing refers to editing of the (1) exposure, (2) colour and (3) cropping to the taste and style of the Photographer. The Clients trust the Photographer's style and have no right to reject or demand for amendments to the given photographs.
Hair and Makeup: The Clients, subjects and guests are advised to put on their best makeup to turn up for any shoot if they may appear inside the photographs, preferably by engaging trusted hair and makeup artists (HMUAs) that the Photographer has worked with before.
Quality of Photographs: Under certain circumstances, quality of photographs may be affected. These include shooting under harsh sun, at outdoor during night time, at indoor with dim light and no low white ceiling, when the subjects are moving fast and other unforeseeable situations. The Clients are advised to share all information with the Photographer before the shoot for better preparation. The Photographer needs time to set up his lighting equipment, test lighting and dismantle the equipment; in situation where the Clients directly or indirectly pressurize the Photographer to speed up in order to have more photographs taken, the Photographer may not use his lighting equipment. Colour tone and brightness of photographs may differ in different screens and the Photographer uses his own screen to determine the most appropriate settings for the photographs to fit the mood he wants to present.
Shooting & Editing Style: Every photographer has his/her performance style of shoot and editing. The Clients trust the Photographer's style and do not expect the Photographer to follow another photographer's style.
No Re-Editing: Quality of photographs is subjected to individuals' views. By engaging the Photographer, the Clients trust the Photographer will do his best to produce the best quality photographs to his ability in each situation and thus the Clients will gladly accept the final photographs.
Quantity of Photographs: The Photographer makes no promise of any number of photographs that will be produced during the shoot; the Clients trust the Photographer will do his best to capture as many moments as possible at his own pace, without pressuring the Photographer. The quantity of photographs for events may be subjected to the activities planned; for portraits, it depends a lot on how well the Clients and subjects can cooperate and communicate. The Clients do not expect the Photographer to be holding his gears up all the time during the shoot.
Delivery of Photographs
Size of Photographs: All photographs will be given in dimension of a maximum of 2048 pixels at its longest side with 300 DPI, unless otherwise, stated before the confirmation of shoot. The Photographer, based on his own decision, may give photographs in other resolution.
File format of Photographs: All photographs will be given in JPG. No raw photograph or camera RAW file will be given.
Timeframe of Delivery of Photographs: Final photographs will be given to the Clients around one month after the end of the shoot or collection of full payment by the Photographer, whichever is later. The Clients trust and understand that the Photographer will return the final photographs as soon as possible, without affecting the quality of his work, so that he can move on to take up more projects. The Clients must not directly or indirectly pressurize the Photographer to return the photographs earlier.
Express Delivery of Photographs: The Photographer does provide express services by giving higher priority to the Clients' photographs if the Clients require an earlier delivery of photographs and the availability of which is subject to the schedule of the Photographer. The charges for the express services will depend on the duration of actual shoot and timeframe of post-production work requested. Any such request, even for just one or two photographs, has to be made before the confirmation of the shoot.
Delivery Method of Photographs: Delivery will be done online for the ease of everyone and no CD will be given, partly for environmental issue. The finished photographs will be uploaded into the Photographer's web server, after which, the link(s) will be given to the Clients to download the file(s). The file(s) will be removed from the web server one day after the Clients have acknowledged receipt or three days after the Clients are informed of the link(s), whichever is earlier.
The Clients are advised to use personal computer (not mobile phone) and Wi-Fi (not mobile network) to download the file(s) as they may be large and also may need to be unzipped.
Redelivery of Photographs: The Photographer bears no responsibility of keeping a copy of the photographs. If the Clients require the Photographer to deliver the photographs again, an administration fee will be charged, subjected to the availability of the Photographer and photographs.
Copyright and Liability
Editing of Photographs: Any editing, including adding of filter and cropping, of the photographs is not allowed without prior written permission from the Photographer.
Copyright Law: The copyright of the photographs remains with the Photographer. The Photographer grants the Clients permission to make copies of the photographs under the conditions that the photographs taken by the Photographer are for personal use by the Clients and their friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographer.
Model Release: The Clients grant the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the photographs. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the photographs.
Limit of Liability: If the Photographer is too ill or becomes injured and cannot supply the photography services specified above, the Photographer will try to book a replacement photographer. In situation where there is a second photographer, this photographer will then shoot the day on his/her own. If both photographers are unavailable and a replacement photographer cannot be found then liability is limited to a refund of any payment received. The Photographers have working methods in place to prevent loss or damage to your photographs. However, there is the unlikely possibility that photographs may be lost, stolen or destroyed for reasons in or beyond The Photographer's control. In these circumstances liability is limited to the return of fees paid for the service or part thereof according to the percentage of photographs supplied.
Please make sure you have understood the contents of this contract and agree to the terms therein.