1.) Entire Agreement
This agreement contains the entire understanding between Cabo Photography and the Client. It supersedes all prior and simultaneous agreements between the parties. Cabo Photography requires a 50% retainer for weddings over 2.0 hours to reserve your wedding date. Cabo Photography will not hold any wedding date without a retainer. Cabo Photography shall reserve the time and date agreed upon, and will not make any other reservations for that time and date. For this reason, unless Cabo Photography is able to fully replace a cancelled reservation retainers are non-refundable. If Cabo Photography is able to re-book the cancelled date with another event of equal or greater value to the sum of the photography fees of the original cancelled booking in whole, monies will be refunded accordingly. The remaining balance is due two weeks prior to the wedding day. Any extra fees which are not levied by Cabo Photography but instead charged by the hotel/venue/location are the responsibility of the Client. Some hotels/venues charge a vendor fee so it is recommended that you be aware of this.
2.) Method of Payment
Payment in full is required if a discount was applied to the fee. Payment of 50% retainer may be made on line with a secure URL provided by Cabo Photography. Balance is due two weeks before the wedding day and can easily be paid on line. No personal checks, travelers checks or credit cards can be used for payment while in the destination. There is a PayPal transaction fee of 3.9% when paid online. No materials (including but not limited to photos, videos, digital files) will be released without payment in full. Any fees charged by the venue for the photographer to photograph the event are the responsibility of the Client. Some hotels/resorts restrict will restrict your choices for vendors (photographers, videographers, florists, deejays, etc.) and will not allow what they classify as 'outside' vendors. *Check your venue contract thoroughly before signing and ensure you have the freedom of choice in your contract with them. There are no refunds.
In the event that the Client cancels, changes the date or significantly alters the contracted services for photography outlined in this contract, monies paid will be forfeit. For this reason, unless Cabo Photography is able to fully replace a cancelled reservation retainers/payments are non refundable. If Cabo Photography is able to re-book the cancelled date with another group of equal or greater value to the sum of the photography fees of the original cancelled booking in whole, monies will be refunded accordingly.
3a.) Bookings affected by COVID-19 for either the client or photographer whether it’s the airlines, hotels, government policy, or unforeseen circumstances may be refundable up to 100%. Refunds with notice available as follows:
100% - 60 days or more
75% - 30 days
50% - 15 days
25% - 7 days
0% - 2 days or less
4.) Exclusive Photographer
It is understood Cabo Photography is the official photographer to perform the services on this contract. Under no circumstances shall other vendors be allowed to photograph the wedding. Specifically, videographers are not to use or carry film or digital “still” photographic equipment at the event. Family and friends are welcome to take any photographs with the understanding that Cabo Photography reserves all prime lines of sight and guests should photograph well behind to allow Cabo Photography the best opportunity for the best photos for the Client. Cabo Photography is not responsible for missed photographs due to the actions of videographers, other photographers, location employees or guests.
5.) Equipment and Style
Cabo Photography uses the latest digital cameras. Cabo Photography specializes in creative wedding photography (photo journalistic, reportage, candid) that incorporates both traditional and non-traditional photographic techniques. The Client agrees that Cabo Photography shall be granted artistic license in photographing and editing the wedding photos. Cabo Photography has ‘final cut’ on all images. All decisions are made in the best interest of the Client, who will be given the highest quality, best-of-the-best, selection from the images. Photo editing does not include 'photo-retouching' and is limited to cropping, levels and white balance editing. If after viewing the completed photography edits are requested by the Client the edits will be billed at $125 per hour with a 2.0 hour minimum. Photographer has exclusive and final edit on all videos, video slide shows and wedding books. All edited images are available in JPEG format. Cabo Photography’s decisions regarding locations, poses, and number of photographs created and presented shall be deemed to be correct and the image collection complete. We will make a good-faith effort to create any requested photograph but because of the rapid pace and unpredictable nature of wedding photography, it is impossible to guarantee that expected and specific photographs can be made.
6.) Wedding Books (if included)
All image selections, layout and design are at photographers discretion (and good taste). The book included with the package is standard landscape 8x10 inches with 40 pages. For the benefit of the Client the books are designed, printed and delivered to your address. If after viewing the completed wedding book edits are requested by the Client the edits will be billed at $125 per hour with a 2.0 hour minimum.
7.) Online Video Slide Shows (if included)
All image selections, layout, design and music selection are at photographers discretion (and good taste). The VSS are uploaded into your online photography gallery. If after viewing the completed VSS edits are requested by the Client the edits will be billed at $125 per hour with a 2.0 hour minimum. Original files can purchased for an additional $250 USD.
8.) Online Ceremony Video (if included)
These videos are shot from a stationary (unattended) video camera. The unedited video is then included in your online photo gallery. If after viewing the completed video there are edits requested by the Client the edits will be billed at $125 per hour with a 2.0 hour minimum. Original video files can purchased for an additional $199 USD.
9.) Photo Guide
Cabo Photography highly recommends that the Client designate a 'photo guide' with a must-have list of photos to identify the people for the group shots they wish to have photographed. The photographer will not be held accountable for not photographing desired people if there is no list and no one to assist in identifying people or gathering people for photographs. Cabo Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Cabo Photography.
10.) Shooting Time
The photography schedule and selected methodology are designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties. The Client agrees that cooperation and punctuality are therefore essential to that purpose.
Cabo Photography grants the ownership and copyright of all images and the right to reprint any image from the original files for personal use to the Client. The Client may sell, enter competitions, or make commercial use of any image. Cabo Photography is entitled to all monies gained through the use or sale of images. Cabo Photography reserves the right to use images for advertising, display, publication or other purposes.
12.) Digital Files and Back Up
Typically the Clients digital images (copyright free) are available for fast/secure download from Cabo Photography's servers for a limited period of time after the editing has been completed. The online gallery posted after editing also has digital images which can be downloaded directly to the Clients computer. The Client does not hold Cabo Photography liable for any damage or loss to these digital images as they are intended as a temporary back up. It is the Clients responsibility to back-up the digital files on their own equipment after receiving their image ZIP file downloaded from the Cabo Photography's servers.
13.) Right of Withdrawal
Cabo Photography’s discovery of the Clients new information, changes to agreed circumstances, or other factors, which tends to circumvent its policies may result in its withdrawal. Non-cooperation; COVID-19 related issues, changes in locations or dates, facilities access or available times; changes to the number of hours booked; missed appointments and late payments are examples of contributing factors. Should Cabo Photography be forced to withdraw services as a result of Client changes, all fees will be returned, possibly excluding retainer as well as fair market value for all services/products already provided and lost opportunity for replacement bookings.
14.) Limit of Liability
Cabo Photography will not be liable for any climatic conditions such as but not limited to hurricanes or tropical storms, or ground/air conditions as a result of, which prevent the photographer from photographing the session. If such a situation should occur Cabo Photography will refund any monies paid exceeding the retainer amount. Cabo Photography takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment. However, in the unlikely event of the Client’s photographs being lost, stolen or destroyed for reasons within or beyond Cabo Photography’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price. The limit of liability for a partial loss of originals shall be a prorated amount of the images lost based on the percentage of total number of originals.
Your safety is important to us. The surf and wave conditions on the beaches can be unpredictable at times. It is crucial to be aware and to pay attention to the conditions and the instructions of the photographer. The Client is responsible for the safety and well-being of all family and friends participating in the photo session. In particular children tend to wander and may be unaware of the dangers, so keep a keen eye on them. Cabo Photography shall be held harmless for any and all injury to client during the course of the photography session. Client(s) will be responsible for themselves and their children and release the Photographer from all liability to their person or their business.
This agreement is binding under the terms of the 2000 Electronic Signatures in Global and National Commerce Act. 110620