This Page lets our clients review the terms AND conditions of OUR WORK PROCESS within the context of our Business Mission.
Furthermore, Contracts are the only way we can ensure that both our clients and our company agree to the services to be provided.
The following terms and conditions shall apply to Client’s engagement and payment of Services provided by David Miller Studios.
TERMS AND CONDITIONS:
AGREEMENT/JURISDICTION: The person(s) whose signature(s) appear on this contract, known as "Client", agrees that David Miller Studios, known as "Photographer", shall provide services to photograph their wedding to the best of his professional abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original contract. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should any enforcement or breach of this contract arise. 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 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.
DEPOSIT AND PAYMENT: Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation retainer (deposit) equal to 50% of the total fee of the photography package. Unless otherwise agreed to, the balance due for photography and/or Videography services must be paid in full on the date of the Wedding or Event itself. In the event Client fails to remit payment, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend this event. Returned checks will be assessed a $50 non-sufficient funds fee. Preferred payment methods are Zelle, Venmo, Paypal, pay through invoice, and check. Client also agrees to cover parking for all team during entire duration of event coverage.
COVERAGE AND OVERTIME: Studio shall provide coverage for the date and hours specified in package and contract. For Weddings, lead Photographer will determine where and when logistically the 2nd crew (if hired) will be during the Wedding or Event. Client is responsible for paying necessary travel and parking fees for both the Photo and/or Video Team. Client is also responsible for providing all Photo and/or Video Team with meals during Wedding and/or Event. Overtime is considered for any hours worked past 11pm at a rate of $350 per hour for photo and video independent of one another. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only and should be held on to and delegated through a close family member during the family portraits and/or remainder of the Wedding. The Studio and our Editors will use professional judgment and sole discretion to select which photos to deliver in final online web gallery.
CANCELLATION AND RESCHEDULE: If Client cancels this contract before the Wedding or Event date, the Studio will keep 100% of the Deposit. Any cancellation of services must be made in writing. In the event that the Client needs to reschedule the wedding or event if David Miller Studios is able to rebook the new wedding or event date, Client will receive credit for all monies already paid. A new contract may be required. The new package price will reflect pricing in effect when the date change occurs. Credit may be applied to wedding coverage within one year of original date provided Photographer is available. Should your event need to be rescheduled or canceled we must be informed by email no later than 14 calendar days prior to your shoot, Any changes communicated and made beyond that will incur a $350 rescheduling fee.
RESPONSIBILITIES: Unless agreed upon in advance, David Miller Studios shall be the exclusive photographer and/or Videographer at your Wedding or Event. Wedding guests may take photos, but it is the responsibility of Client to prevent family and friends from interfering with Photographer's professional duties. Photographer is not responsible for compromised coverage due to causes beyond his control such as other people's camera, flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiate. Photographer is not responsible for existing backgrounds or natural lighting conditions which may negatively impact or restrict the photography coverage. We urge Client to confirm the Wedding and/or Event schedule one to two weeks prior to the event. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by email for documentation. In the untimely event that photographer and/or videographer cannot show to wedding or event due to emergency circumstances, it will be the Studio's responsibility to provide fill in photographer and/or videographer.
INSURANCE: David Miller Studios is a fully insured company. Client is responsible for paying for the furnishing of any necessary insurance or liability coverage documentation. That fee will be $50.
PRICING: Services or merchandise not included in this initial contract will be sold at current price when an order is placed. All prices are subject to change at any time without notice. You may contact us directly through phone, text, or email for all pricing which is also viewable at www.davidmillerstudios.com
DIGITAL IMAGE PROCESSING/PRINTING: Unless agreed upon prior to any editing work, high-resolution images and/or print proof sets may contain a mixture of Color and Black and White Images. An alternately colored version or artistic edit of a photo may be purchased at the current price offered. Limited color correction and/or retouching are included at Photographer's discretion. Client may request further changes (for example specific retouches) for an additional PER PHOTO charge. Photographer is not responsible for the quality of any prints that are not ordered directly from him. For best results, clients with the high-resolution files should order their prints through David Miller Studios and our professional lab (aka through your online image gallery). Light Editing will be applied to all High Res images as well as prints and album to improve color, contrast, and overall sharpness. Retouching is not the same as Basic Editing. We apply Basic editing to your final images to improve color correction if we feel it necessary. Edits are completed at the Photographer's discretion and in line with David Miller Studios style. Basic editing can include, color correction, straightening, and brightness. Additional editing along with retouching can be requested at an additional cost and are also at the discretion of the photographer. Retouching is not the same as Basic Editing.
(Retouching rates vary per picture)
• Some examples of Retouching include:
- Pimple or facial blemish removal
- Removal of hair strands or fly away hairs
- Background Object Removal
PRINT CREDITS: Print Credit vouchers have no intrinsic cash value and may only be applied toward Prints purchased from Photographer. All credits for prints must be used within 1 month (30 business days) of web gallery posting or photographer may substitute a product of reasonable value to fulfill any outstanding credit balance.
ONLINE (WEB) GALLERY: It will generally take anywhere from 90 to 120 days from the date of the Wedding for final edited Images to be posted to online gallery. For Weddings, online gallery viewing is available for 6 months following date gallery is posted. For other Event Galleries such as Bar/Bat Mitzvahs and any other non-wedding special event gallery viewing is available for 3 months following date gallery is launched and emailed to Client. Once Gallery expires it can be REACTIVATED and REPUBLISHED for $9.99 on a per month basis. Once a client gallery is launched and Upon receipt of payment of balance due in full your HI RES DIGITAL IMAGES will be accessible via a one time digital download pin. YOU HAVE 30 DAYS (from the day gallery is launched and emailed) TO DOWNLOAD ALL IMAGES AND TO DESKTOP OR USB DEVICE. YOU MAY ORDER A FLASH DRIVE FROM US FOR $200 - THIS FLASH DRIVE WILL CONTAIN ALL YOUR HI RES DIGITAL EDITED IMAGE FILES.
HIGH RESOLUTION DIGITAL FILES: Upon receipt of a Digitally Downloadable Gallery Link/Pin or USB Drive, Client accepts all responsibility for backing up and protecting digital images. Photographer does not permanently archive original image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology that might affect archival once in client's possession. It is Client's responsibility to make sure that digital files are copied to new media as required once in their possession.
ALBUMS: In purchasing an album as a separate cost item or as part of a contracted package you are accepting that our company’s Album Design Services are under the discretion of our creative license. David Miller Studios designs the Album in the style as exhibited by our design samples which can be seen at www.davidmillerstudios.com or by email request. Clients who purchase an Album are allowed 3 design revisions following receipt and review of an initial “first” draft. Please make sure to review our Album Design samples and think carefully if they are to your liking. If you do purchase an Album, you are welcome to design the album layout yourself and then send us the files to print. However NO REFUND will be issued if you choose to take on this independent design process. All digital images chosen for album must be submitted no later than 30 calendar days following date online image gallery is launched and emailed to client. Thereafter a fee of $175 per album will be charged to client and we will choose images for you. Images for all albums purchased within a Wedding Package must be chosen for album design at the same time. All Images in Album are edited. Approximate Average delivery time of album(s) (which includes production and shipping) take 3 to 4 weeks once final approval from client is given (Sometimes sooner depending on shipper and time of year).
COPYRIGHT: Images are the greatest asset to our company's longevity and reputation. All Images in print or digital form are Copyright of David Miller Studios. Upon receipt of payment in full Client retains full rights to display images for personal use only. Images may not be distributed, used, or licensed for commercial, editorial and/or advertising use without express written permission from David Miller Studios. All photographs taken by David Miller Studios are the company's property and are protected by United States Copyright Laws (USC Title 17).
ONLINE SHARING: David Miller Studios is authorized to use images for display online for commecial and/or promotional use and we may post up to 30 best Images to Social Media.
VIDEOGRAPHY - TERMS AND CONDITIONS
• David Miller Studios (otherwise know herein below as "the Studio") shall assign a videographer from its staff exclusively for Client’s Event. If necessary, assistants to such videographer shall attend the Event, and our Studio reserves the right to change any initial assignment and substitute another staff videographer at any time due to illness. Due to the length of time required to videotape the Event, Client agrees to provide the videographer and any assistants with a meal during the Event •
• A NON-REFUNDABLE deposit of 25% of the total package rate is due in order to book our services and reserve the date. Once the Agreement is signed and the deposit is paid, David Miller Studios shall reserve the time and date agreed upon for the Event and will not make other reservations that will conflict with the Event. For this reason all reservation fees are NON-REFUNDABLE.
• Client may upgrade package selection at any time until the day of the event. However, under no circumstances shall Client be permitted to change its selection to a lower-priced package. In case of a change in the time or date of the Event, David Miller Studios shall make reasonable efforts to accommodate the change. However, if the new time or date conflicts with David Miller Studios existing schedule, David Miller Studios reserves the right to terminate the Agreement. In the event of such termination, Client shall forfeit any previous non-refundable deposits •
• After the Event all video footage will go through the editing post production process which generally and can take up to 4 months (depending on the frequency of our business). Each video requires a full week or two of time to edit and as soon as the event is over and the balance is paid we put your video in line for editing. Post production on video is done by our editors. This is included in the fee we charge •
• Your video will be delivered via Online Download. Six months after the final product has been given to the client, the footage MAY BE DELETED and new changes may result in a fee of up to $800 if it can be recovered. To avoid issues and to view all footage taken at your event we encourage our clients is to pick up the RAW video footage of the event (averaging several hours in length) on a Hard drive (which client will provide or have us obtain for an additional fee of $500), if the hard drive needs to be mailed to a client a $15 shipping fee will be charged •
• Following the date of your event "Client" have a 30 day timeframe to choose music for your film. You may choose 1 to 3 songs for a "Full Feature Film" AND 1 song for a "Highlight Reel". If "Client" do not send us music within this timeframe, the choice of music will be decided by the Studio and there will be an $85 "Revision fee" charged to "Client" decides to choose music independently thereafter •
• "Client" will ALSO be charged $85 for any changes to music made (including adjustments to placement and timing within video as well as song choice) after delivering your Final "Approved" Video •
• Following receipt of edited video, "Client" has 14 calendar days to submit any comments or changes. The Studio allows two revision sets to your edited "Full Feature Film" and one revision set on your Highlight Reel/Trailer •
• All comments and changes to edited video must be made in writing and emailed to the studio at email@example.com •
• We offer the option to purchase a USB drive of edited video for $200 additional •
• Once link to download final Video has been sent by email, "Client" has 30 days to download file. After this 30 day time frame the download link will expire and there will be an $85 fee to reactivate it •
• PUBLICITY RIGHTS/PROMOTIONAL USE OF IMAGES: The parties agree that David Miller Studios may use images from Client’s event for commercial use, including, without limitation, promotional videos for exhibition to other potential clients of David Miller Studios •
• It is understood that David Miller Studios is the exclusive official videographer retained by the Client to cover this event. David Miller Studios is granted full editorial, production and content control by the Client regarding all aspects of the production and post-production services. In the case a particular segment of the event is either not recorded, partially recorded, it is at the sole discretion of David Miller Studios as the exclusive Producer. We are not responsible for shots that are missed or omitted because of videographer being blocked. David Miller Studios retains the exclusive right to edit all content •