If you have any questions at any time, please call, text, or email anytime.
Ryan Scott
ryan@firefly.photo
509-430-5970
Event Photography and/or Cinematography Contract
Image Terminology
“Digital Negatives” are files are straight-from-camera files, exactly as they were captured, with no color correction, editing, or cropping. If files were captured in RAW, they remain in RAW. FIREFLY does not under any circumstances provide the Digital Negatives to client. FIREFLY does not under any circumstances provide unedited movie or sound files to the client.
Reservation
A retainer of $300 is applied towards the contracted photography. A retainer of $300 is applied towards the contracted cinematography. A retainer of $600 is required for both photography and cinematography. The retainer is applied towards the contracted services. The retainer is non-refundable, even if the event is cancelled for any reason whatsoever. Upon your signature, FIREFLY will reserve the date and time agreed upon assuming the appropriate retainer is paid at the signing of this agreement. If client chooses a package with both photography and cinematography, then client chooses to remove one of the services but retain the other (e.g., keep cinematography but remove photography), client will forfeit that $300 retainer and it will not be refunded.
Payment
Payment for retainer may be paid via check, cash, or credit card. Please make all checks payable to FIREFLY. If for any reason check should be returned without payment, a $60 returned check fee will apply and FIREFLY will not continue to hold the event date until the retainer deposit and the returned check fee have been paid in full. If check for retainer is returned without payment, all future or final payments must be in the form of a US postal money order, cash or cashiers check.
Cancellation
Cancellation or change of date must be submitted in writing and both parties must complete and sign a contract cancellation or contract change provided by FIREFLY. The contract cancellation or change form will serve as legal abandonment of the original contractual agreements. The cancellation date or change is determined by the date both signatures have signed and agreed to the contract cancellation or change form. If the client should cancel for any reason after 90 days before the event but 30 days before the event, the client agrees to pay 50% of the remaining balance to FIREFLY as a cancellation fee. If a new client contracts for original contracted date, the client will receive a refund of the retainer, less a 15% cancellation fee. If the client should cancel after 29 days before the event, the client agrees to pay 100% of the remaining balance to FIREFLY as a cancellation fee. A date change can be requested as long as the event date is more than 90 days out, or at the discretion of FIREFLY. Only one date change is allowed. If the client should request a date change, the retainer will be applied to another date, assuming availability of FIREFLY. If FIREFLY is not available for the new event date, the above cancellation time line will be followed.
Pre-Event Consultation
The parties agree to a pre-event consultation 1 to 2 weeks prior to the event date in order to finalize the times and locations photographic services will take place. All client requests will also be discussed.
Weddings only: Time & Location Minimums for Photography
The parties agree that the following minimums will be adhered to: 1 hour minimum for photography with the couple, whether it is before or after the ceremony; ½ hour minimum for family portraits, if family portraits are requested; ½ hour for wedding party portraits, if the wedding involves attendants (bridesmaids/groomsmen). Client understands that if the ceremony is less than ½ hour, the feature film may be shortened significantly.
Event Guide
FIREFLY highly recommends that the client provide an “event guide” or timeline of the day to highlight details of special moments during the day. FIREFLY also recommends that the client designates someone to point out important individuals to the photographers & cinematographers for candid and group photographs. The photographer can not be held accountable for not photographing desired people if there is no one to assist in identifying and gathering people for photographs. FIREFLY is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images. Client is responsible for the conduct of their guests. FIREFLY will not tolerate verbally or physically abusive behavior. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. Client understands that in such an event, no refunds will be granted and Client will be held responsible for any repair and/or replacement of any damaged equipment belonging to Firefly.
House Rules
The photographer is limited by the guidelines of the ceremony official or the site management. Client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is client’s responsibility; FIREFLY will offer technical recommendations only.
Meal Timing
Although meals are appreciated, FIREFLY does NOT require that client provide meals. For weddings: when the bride and groom are eating, it is expected that FIREFLY shall eat at the same time. This timing is optimal because it allows FIREFLY to miss as little action as possible. If FIREFLY is allowed to have a meal break late, it is possible that some important content, such as speeches, will not be captured.
Shooting Times / Additions
The photography and cinematography schedules and selected methodology are designed to accomplish the goals and wishes of the client in a manner acceptable by all parties. The parties agree that positive cooperation and punctuality are essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, FIREFLY will not be held liable for any photographs or video not taken.
Sole Photographers and/or Cinematographers
The client will assist the photographers and cinematographers by ensuring that amateur photographers do not interfere with FIREFLY’s efforts. In other words, relatives and friends CAN take pictures while the photographer is working IF the client allows it, but they might impair the photographers’ and/or cinematographers’ final product. FIREFLY will not be held responsible for any unsatisfactory photographs or movies due to these circumstances.
Copyrights & Exhibition
The photographs and movies produced by FIREFLY are protected by Creative Commons Attribution-NonCommercial ShareAlike 3.0 License (some rights reserved) and may be reproduced for personal, non-commercial use. FIREFLY owns all copyrights for any and all images and movie produced in connection with this agreement, including the right to reproduce or publicly display such images and movies. As author of all images and movies made hereunder and as provided by law, FIREFLY shall retain the copyrights in perpetuity, regardless of possession or ownership of photographs, digital files, or any other format of reproduction. Client grants FIREFLY permission to display selected images and movies resulting from this assignment as an example of the work by FIREFLY and for entrance into competitions and releases all claims to profits that may arise from such images. FIREFLY may share your images with others, for free or for sale, to other parties.
Permitted Uses
Upon final payment by the client, limited copyright ownership of the resulting images will be transferred to the client under the following conditions: The client agrees all reprints and any publication will be for personal use only. At no time will the client assume images to be of their own work. The client must obtain written permission from FIREFLY prior to the client or any one else publishing or selling the photographs or movies.
Travel & Lodging
All travel fees are included up to 60 miles from zip code 99353. Travel fees will be billed at a rate of $.50 per mile for each mile beyond the first 60. Associated travel expenses, such as gasoline or ferry travel, will be submitted with receipts to the contracting party within 1 week of the commencement of photographic or cinematography services. If air travel is deemed more advantageous than road travel by both parties, client will be responsible for direct expenses related to air travel. This includes airfare, any applicable airport taxes and fees, parking fees, and additional baggage charges. Travel fees (if applicable) will be assessed after the event, and submitted with receipts to the contracting party for reimbursement. Travel fees are due no later than 2 weeks or 14 days after submitted by FIREFLY. Contracting party agrees to pay all lodging fees when the event is more than 150 miles beyond zip code 99353.
Limit of Liability
In the unlikely event that photographers or cinematographers are injured or is unable to photograph or video the event for any reason, including fire, illness, or extreme weather, FIREFLY will make every effort or find an acceptable replacement photographer and/or cinematographer as applicable. 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 package. FIREFLY takes the utmost care with respect to transportation and backups of your photographs and video. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond FIREFLY’s control FIREFLY’s liability is limited to the return of all payments received for the event package.
Specifically Requested Images
While every reasonable effort will be made to produce and deliver outstanding photographs and movies, most events are uncontrolled, therefore FIREFLY cannot guarantee delivery of any specifically requested image(s). FIREFLY makes no warranty of any kind, whether expressed, implied, statutory, or otherwise under this Agreement.
Image and Video Selection
FIREFLY shall exercise sole discretion in selecting the images and video to be provided to Client and/or displayed in the online proofing/ordering gallery. FIREFLY takes utmost care in selecting the best images and video from your event, ensuring that only images and video meeting high quality standards are available for proofing and ordering or used in movies. Selection of these images and video is included in the contracted fee as part of the professional services for which FIREFLY is being hired by Client. At no time will Client assume that FIREFLY will provide every image or all video captured at the event to Client. FIREFLY reserves the right to withhold any images or video that may cause embarrassment to Client, Client’s guests or Firefly.
Video Capture
FIREFLY goes to great lengths to make the best movies possible of your event. Not all footage will be useable in the movie: this can be due to technical reasons (e.g., background sound too high to hear a guest interview), or for aesthetic reasons (e.g., an interviewee did not provide a clip that enhanced the movies). FIREFLY shall exercise sole discretion in selecting the clips for use in the movies. Although Client may request certain shots be taken, at no time should the client expect that all clips will be included.
Sound Capture
FIREFLY goes to great lengths to capture the best possible sound of your event, but conditions may not allow for good sound recordings (e.g., wind, audience noises, interference from other electronic devices). Some sound may not be useable. FIREFLY shall exercise sole discretion in selecting sound clips for use in the movies. FIREFLY may include sound recordings that are not perfect if they are too important to miss and no other recording is available (e.g., vows at a wedding ceremony).
Speaker Microphones
Client understands that any person speaking must be mic’d by FIREFLY for acceptable sound recording quality. Client understands that if any speaker refuses to be mic’d, the sound quality will suffer greatly.
Delivery Timeline
Within 8 weeks after the commencement of photographic services, high-resolution files of images will be provided via USB and digital download. Within 16 weeks of after the commencement of cinematography services, a fully edited movie of the ceremony and a fully edited movie of the trailer and/or feature film will be made available to the client in the form of a web-compatible format (such as .mp4 files) and provide a personal web page. Files will be downloadable for anyone.
Retouching and Professional Image Manipulation
FIREFLY will allow for limited professional image manipulation on 5 images of Client’s choice. This includes hair removal, blemish removal, de-aging, color correction, special effects, etc. Extensive manipulation, such as removal of people or objects, will be charged at a rate of $85/hr. with a 1-hour minimum. It is understood that if it is not technically possible for FIREFLY to perform requested image manipulation to meet Client’s request, THE CLIENT will reside with the fact that FIREFLY has performed to its best ability with regard to the specific task and that FIREFLY has no further responsibility towards said image manipulation. If Client requests retouching on images after the included 5, FIREFLY will make changes at the rate of $85/hr. with a 1-hour minimum.
Balance
The client understands and agrees that half of the remaining balance is due 3 months prior to the event; the remaining balance is due 1 month prior. Client agrees that if the balance is not paid by this time, FIREFLY will not photograph or video the event as described in the contract below with no liability to FIREFLY and will result in loss of retainer by client and the client is required to pay final balance as per cancellation policy outlined in this contract. If CLIENT cannot pay the full amount in time, FIREFLY may offer to shoot the event regardless, but CLIENT understands that FIREFLY may not begin editing photos and/or video until full payment is received.