This agreement is between History Studio (hereafter referred to as STUDIO), operating in Hong Kong, and Client whose name, address, and telephone number appears above hereinafter the “CLIENT”.
1. The CLIENT appoints the STUDIO to provide the Services on the Shoot Day during the Working Hours, for the Fees and in accordance with the Booking Details above.
2. This agreement contains the entire understanding between the STUDIO and the CLIENT, and supersedes all previons agreements between the parties whether in writing, oral or implied. No variation thereof shall be effective unless made in writing and signed by both parties.
3. Upon signing of this agreement, the STUDIO shall temporarily reserve the Working Hours during the Shoot Day agreed upon for a period of 7 days. The CLIENT shall arrange for payment of the Deposit as shown on the Booking Details within 7 days from the signing of the agreement. The booking of the Service is only confirmed unless and until full payment of the Deposit is made. If full payment of the Deposit is not paid within one week from the signing of this agreement, the STUDIO would release the Shoot Day for booking by others and this agreement would be regarded as terminated by the CLIENT.
4. Upon payment of the Deposit by the CLIENT, the STUDIO will reserve the Working Hours during the Shoot Day agreed upon, and will not make other reservations for that same date and time. As such, the Deposit paid is non-refundable in any event, even if the Shoot Day is changed or cancelled for whatever reason, including but without limitation to acts of God, fire, strike, flight cancellations or delays and extreme weather. The Deposit paid cannot be transferred for use by other parties. If CLIENT subsequently cancelled the booking after the deposit has been paid, STUDIO reserves the right to seek full indemnity and compensation of 100% of the package price from CLIENT.
5. Full balance of the Fees must be paid 7 days before the shoot date, failure to do so the STUDIO has the right to refuse to provide [the Services with no liability on the part of the STUDIO] / [any of the photographs and videos taken].
6. If the CLIENT postpones the Shoot Day for any reason, the STUDIO and the Client shall discuss and agree upon an alternative shoot day on which the STUDIO would be available to provide the Service. The STUDIO has no obligation to provide the Service in the case that the CLIENT insists on a new shoot day on which the STUDIO is unavailable or which is over one year after the Shoot Day. If no mutually convenient and available dates can be agreed, STUDIO despite not obligatory so to do, may use its best efforts to find an alternative qualified photographer / Videographer with equivalent skill and experience to accommodate postponement. CLIENT may opt for a transfer of the deposit for Post-wedding shoot or family shoot. Unless the postponement is caused by very severe weather, acts of God, war, fire or strike, a [15%] surcharge on the Fees would be required for re-scheduling of the shoot day.
7. For Overseas shoot, Upon payment of the Deposit by the CLIENT, the STUDIO will book flights and accommodations within 1 week. If CLIENT subsequently cancels or postpones the shoot day, the STUDIO will forfeit the deposit fee paid as a cancellation fee and entitled to further seek full reimbursements of all airfares, accommodation and transportation from CLIENT on full indemnity basis.
8. A surcharge of HKD $2500 / USD $325 per hour or part thereof for Photographer team and HKD $1000 / USD $130 per hour or part thereof for Video team will apply if the crew is required to provide coverage over the Working Hours or before 8:30am.
9. Client agrees to reimburse the Photographer for all reasonable expenses during the shoot date, such as parking, entry, toll, meal and other expenses directly related to the photographic assignment. Such expenses will be billed as they become available.
10. The CLIENT shall provide proper meals refreshments and drinks to member of STUDIO during the working hours. If no meal is provided, it is understood that the STUDIO will leave the event for a period of time up to one hour to purchase a meal. The STUDIO is not responsible for any photos/videos that may be missed while obtaining a meal.
11.The STUDIO may be bound by the attitude rules and guidelines of ceremony officiant or reception site management. The CLIENT agrees to accept any technical impossibility or imperfection as a result of the restrictions and limitations imposed by the ceremony officiant or reception site management. The CLIENT is obliged to negotiate with the ceremony officiant reception site management for moderation and relaxation of the restrictions and limitation imposed on the STUDIO.
12. The CLIENT may allow guests photography / videography, although the CLIENT understands that because of time / space constraints and the need for subjects to give full attention to the STUDIO, the STUDIO’s photo / video shooting may be affected by guest photography / videography if permitted.
13. The STUDIO will not tolerate any verbal or physical abusive behavior, nor will the STUDIO share his/her time or compete with guest photographers / videographers for the attention of the subjects. Unchecked guest conduct that interferes with photography / videography will seriously affect the quality of the photographs taken. If the CLIENT is unable to control the conduct of their guests or if the conduct of any of their guests damages the equipment of the STUDIO, it may result in the early or immediate departure of the STUDIO and will release the STUDIO from its obligation to continue providing the Services. In such an event, no monies paid would be refunded to the CLIENT.
14. The STUDIO will provide the CLIENT with photo / video files only after they have been digitally processed. Photo / video files are digitally processed in relation to exposure, contrast and general colour tone to a standard as the STUDIO absolutely deems fit. Digital processing takes approximately 8 weeks during [April to August] and 12 weeks during [September to March]. If the CLIENT requires skin and body retouching, removal of items or any other special retouching effects for any of the photos, additional charges would be required.
15. After the photo / video files are sent to the CLIENT, the STUDIO will keep a backup for all the photo / video files for a minimum period of 6 months. After that all files shall be deleted.
16. Design and creation of the Album would take about 4 weeks after the photographs are selected by the CLIENT, and possibly longer when laboratory and bindery schedules are heavy. The STUDIO will prepare a draft layout for the CLIENT to consider before the Album is printed, and the CLIENT may direct changes to the layout for one time only. The CLIENT is required to provide clear instructions in writing as to what changes are required. If the CLIENT requires anything in addition to the specifications of the Album as stated in the Booking Details, additional charges would be levied.
17. The photographs, videos or prints produced by the STUDIO are protected by the Hong Kong copyright laws and the STUDIO retains the copyright to all photos and videos produced. The CLIENT may distribute, reproduce or use any images in any manner they like for sharing and enjoyment of friends and relatives but not for profit making purposes. For the avoidance of doubt, the CLIENT agrees that the STUDIO may use and publish the photographs / videos for educational, editorial, exhibitions, competition and advertising purposes.
18. If the STUDIO has to cancel this agreement for reasons beyond their control, including death, injury, flight cancellations or delays and serious sickness, the STUDIO’s liability shall be limited to a full refund of all monies paid. In that case, the STUDIO shall make every effort to find an alternative qualified photographer / Videographer with equivalent skill and experience. The STUDIO takes the utmost care with respect to exposure, transportation, and processing the photographs / videos including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs / videos have been lost, stolen, or destroyed for any reasons, the STUDIO’s liability is limited to the return of all payments received. The limit of liability for a partial loss of originals shall be a pro-rate amount of the exposures lost based on the percentage of total number of originals.
19. Artistic Style. On its own behalf, and on behalf of the subject, CLIENT acknowledges that it is familiar with the STUDIO’s portfolio and is requesting Services with knowledge of the STUDIO’s style; that STUDIO’s work is constantly evolving; that STUDIO’s services are of unique and artistic nature; that the photos / videos may be different from photos / videos taken by the STUDIO in the past; and that in creating the photos / videos, the STUDIO shall use his personal artistic judgment to create images / videos consistent with his personal vision of the Event, which vision may be different from the CLIENT’s and the Subject’s vision of the Event. Accordingly, CLIENT acknowledges that the photos / videos shall not be subject to rejection on the basis of taste or aesthetic criteria.
In case of any disputes, STUDIO reserves the right of final decision.