Client Service Agreement

 

This document was last updated on April 18th, 2022.

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This Agreement is entered into by the Client and the Vendor (collectively, the “Parties”).

1. Purpose

Client is hiring Vendor to provide services related to the Client’s wedding or event. Vendor agrees to deliver those services according to the terms outlined in this Agreement and as detailed in the selected package (see proposal or services page).

2. Terms of Service

Vendor will provide the services and/or products described in the proposal or website listing selected by the Client.

3. Service Location & Delivery

• Location: Vendor will deliver services at the event location(s) specified by the Client.

• Timing: Vendor will provide services on the agreed event date(s). If services depend on guest count, Client must provide accurate information in advance.

4. Cost, Fees & Payment

Booking Retainer & Final Payment

A non-refundable retainer equal to 30% of the total cost is required to secure the Client’s event date. Once received, the Vendor will reserve the date and decline all other bookings. We never double-book. The retainer guarantees the Vendor’s full commitment and compensates for turning away other potential work.

This retainer is non-refundable under all circumstances, including Client-initiated cancellation or change of plans. It may be transferred to a new date at the Vendor’s discretion, if rescheduling is requested in good faith and the Vendor is available.

The remaining balance is due on the day of the event, payable by invoice or in person.

If the event is canceled before the Vendor begins any part of service (such as travel, setup, or arrival on-site), no remaining balance will be owed.
However, once the Vendor has started any part of the event day work, the full balance becomes due, even if the event is disrupted or canceled afterward.

In the case of a documented, unavoidable emergency, and if the request is made at least 30 days before the event, the Client may request a partial or full refund of the retainer. The Vendor may approve or decline this at their sole discretion.

5. Package Scope and Limitations

Each package includes only the services listed in its description. No other services are included unless explicitly agreed upon in writing before signing or placing the booking. Services from other packages or outside the agreed scope will not be provided without mutual written agreement.

6. Exclusivity

To ensure optimal coverage and quality results, the Client agrees to hire the Vendor exclusively for photography and/or videography services on the event day, unless explicitly agreed upon in writing.

Friends and family are welcome to take casual photos or videos, provided they do not interfere with the Vendor’s work. However, no other hired professionals or individuals acting in a similar capacity may perform overlapping services without prior written approval from the Vendor.

7. Intellectual Property

• Ownership: Vendor retains full copyright over all content created under this Agreement.

• Client License: Client receives a non-exclusive license for personal use only, such as:

  • Social media sharing

  • Scrapbooks or personal gifts

  • Family communications (e.g., cards, emails)

Attribution to the Vendor is required unless otherwise agreed.

8. Artistic Release

Client acknowledges that they have reviewed the Vendor’s portfolio on platforms such as Instagram, the Vendor’s website, or other social media, and are hiring based on a clear appreciation of the Vendor’s artistic style.

Photography and videography are inherently subjective. Vendor will use their professional judgment and creative discretion to deliver services consistent with their current portfolio. While Client input is welcome, the final decisions on artistic direction — including lighting, framing, composition, and editing — rest with the Vendor.

Dissatisfaction based on personal aesthetic preferences does not constitute grounds for cancellation, refund, or dispute.

9. Limit of Liability

Vendor’s maximum liability for any claim related to this Agreement is limited to the amount paid by the Client.

This includes — but is not limited to — technical failures (e.g., memory card corruption), human error, or loss of files.

If a product or service is lost or undeliverable due to Vendor fault, a prorated refund will be issued based on the portion of work completed.

Vendor shall not be liable for indirect or consequential damages, emotional distress, or missed opportunities.

10. Cancellation, Rescheduling & No-Shows

Cancellation by Client

If the Client wishes to cancel or reschedule services, written notice must be provided as soon as the decision is made — and no later than the day before the event. Cancellations or reschedules made after the event day has begun (e.g., once travel, setup, or on-site arrival has occurred) are treated as full-service obligations.

Non-Refundable Retainer & Outstanding Balance

A non-refundable retainer of 30% is required to secure the Client’s booking. This retainer guarantees the Vendor’s full commitment to the event and compensates for turning away other potential bookings.

This retainer is non-refundable under all circumstances.

If the event is canceled in full, the Client will not owe the remaining balance, as long as the Vendor has not already begun providing services on the event day — including but not limited to:

• Traveling to the location

• Performing setup

• Beginning coverage at the venue

Once any of these actions have begun, the full service balance becomes due, even if the event is later disrupted or canceled.

Rescheduling

The Vendor is generally willing to accommodate a reschedule at any time, provided:

• The request is made in writing

• The Vendor is available on the new date

• A new agreement is signed or confirmed via updated proposal/booking

Rescheduling does not result in a refund of the original retainer. However, it may be transferred to the new date at the Vendor’s discretion.

Refund Exceptions (Emergencies Only)

A partial or full refund of the retainer may be considered only if:

• The Client requests it at least 30 days prior to the event date, and

• The cancellation is due to a documented, unavoidable emergency on the Client’s side (such as serious illness, death in the immediate family, or military deployment)

Any refund under these circumstances is entirely at the Vendor’s discretion and must be requested with proper documentation.

Cancellations Due to Client’s Fault

The following situations are considered a Client-side fault, and the Vendor is not responsible for rescheduling, refunds, or credits:

• The Client or essential participants fail to appear

• Venue is inaccessible or restricted without advance notice

• Other vendors or guests obstruct the Vendor’s ability to perform

• The schedule or location changes without written approval from the Vendor

• The Client declines services on the day of the event without valid reason

In such cases:

• The retainer is forfeited

• Any remaining balance may still be owed if the Vendor has already begun work (travel, setup, on-site)

Cancellations Due to Vendor’s Fault

If the Vendor is unable to perform due to illness, emergency, or personal/professional inability:

• The Client will receive a full refund of all payments, including the retainer

• If the Vendor partially completed the work, a partial refund will be issued based on services rendered

• The Vendor will make reasonable efforts to help the Client find a substitute, but is not obligated to do so

No-Shows or Day-of Interruptions

If the Client or required participants fail to show up, cancel last-minute, or otherwise cause disruption that prevents services from being performed:

• The Vendor retains the retainer

• The Client remains liable for the full balance if the Vendor has begun work

• The Vendor is not obligated to reschedule, refund, or provide credits

11. Force Majeure / Impossibility

Neither party will be held liable for failure to perform due to conditions beyond their control, including:

• Natural disasters (e.g., hurricane, fire, flood)

• War, terrorism, civil unrest, or government shutdowns

• Illness, injury, or hazardous conditions

If Vendor is unable to fulfill obligations:

1. Client will be notified immediately

2. A partial refund or credit will be issued based on services rendered

3. Client will be released from any further payments

Vendor will attempt to reschedule or substitute services if possible, but cannot guarantee availability.

12. Confirmation & Integrity of Agreement

Once accepted, a non-editable PDF or confirmation email will be sent to the Client. This serves as a final, binding record of the agreed terms and cannot be digitally or otherwise modified after acceptance.

13. Amendments

No changes to this Agreement will be valid unless both parties consent in writing via email or another agreed method.

14. General Provisions

• Governing Law: This Agreement is governed by the laws of Florida.

• Severability: If any section is found invalid, the rest of the Agreement remains enforceable.

• Notice:

  • Vendor Email: rembert@photosmair.com

  • Client Email: Provided in proposal or at time of booking

• Entire Agreement: This Agreement replaces all prior discussions or agreements regarding this event.