POLICIES AND PROCEDURES
Terms and Conditions
BOOKING PROCESS: Both an executed contract and a 50% NON-REFUNDABLE RETAINER (also referred to as DEPOSIT) are required to reserve the wedding photography services detailed in the CLIENTS contract located in the client portal. The date is NOT RESERVED until both the executed contract or accepted digital proposal and the 50% NON-REFUNDABLE RETAINER have been received by WTL Photos & Video. If CLIENTS have chosen a payment plan, the first payment will secure their date from being booked by other clients. The proposed contract will expire one (1) week from the date it is prepared if the non-refundable retainer and signed contract are not received. Wedding photography services are reserved on a first-come, first-served basis. Therefore, at the time the contract is signed by both parties and the non-refundable retainer or first payment is paid, WTL Photos & Video will reserve the date agreed upon for CLIENTS and will not make another reservation for the date agreed upon. For this reason, all retainers are non-refundable, even if the date is changed, if the wedding is cancelled, or if the CLIENTS cancel this contract.
PAYMENT TERMS: The 50% NON-REFUNDABLE RETAINER/ DEPOSIT shall be applied to the total fees owed to WTL Photos & Video, provided that neither the wedding nor the contract is canceled. The remaining balance owed to WTL Photos & Video is due thirty (30) days prior to the wedding date. WTL Photo & Video accepts payment via Venmo through the CLIENTS and Client Portal. CLIENTS may, but are not required to, make interim payments towards their final balance. ALL PAYMENTS MADE ARE NON-REFUNDABLE.
If WTL Photos is unable to perform to this contract due to any cause beyond the control of the parties (acts of god, extenuating circumstances), WTL Photos shall have no further liability with respect to this agreement. If WTL Photos is unable to perform to the obligations in this contract in the event of videographer's illness or for any other reason outside of the photographer/videographer's control, WTL Photos will not be liable for costs in excess of the amount the client has paid. This limitation of liability will also apply in the event that the high resolution digital files are lost through camera malfunction, damaged in processing, lost in the mail, or otherwise damaged or lost with or without fault of the photographer Winston Lackey. While every attempt is made to create the best images possible, no particular photo is guaranteed. Cancellations/postponements due to acts of God or Extenuating circumstances are eligible (in accordance to availability at that time) for date exchange/rescheduling at no additional cost to this understanding.
All rights to images and video created by Winston Lackey & team will remain with the Videographers/photographers. Winston Lackey reserves the right to display any footage captured in conjunction with this wedding as samples of his work for the purposes of window and showroom exhibit, advertising, promotion on the internet, publication, instruction or professional competition. The client will obtain all rights to proofs and high resolution digital files which may be used for personal use only, and may not be sold or published* without the written consent of Winston Lackey.
On the day of the of the wedding WTL Photos and Video Team will follow the itinerary made available by the client. The WTL Photos & Video team is not liable for delays or changes for any other reason outside of the photographer/videographer's control. It is understood by the client that the WTL Photos and video team are not to operate as wedding coordinators and the responsibility of flow and production is the responsibility of the couple or whom they deem responsible for production. (i.e. wedding coordinator)
WTL Photos and Video REQUIRE NO LESS THAN THREE HOURS ARRIVAL PRIOR TO ALL EVENTS AND WEDDINGS. PERMISSION IN WRITING BY THE LEAD PHOTOGRAPHER WTL REQUIRED FOR ANY EXCEPTIONS.
The clients understand that if during the wedding ceremony flash photography is not allowed or subjects are too far for the flash to reach, high ISO settings (film’s sensitivity to light) must be used; creating a pixilated or grainy effect in the photographs and videographers view.
ARTISTIC STYLE: On Clients own behalf, and on behalf of the subject(s): the CLIENTS acknowledges that WTL Photos & Video requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.); that CLIENTS are familiar with the Photographer’s portfolio and is requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the Photographer in the past; and that in creating the images, the Photographer shall use her personal artistic judgment to create images consistent with her personal vision of the wedding/session, which vision may be different from the CLIENTS and /or the Subject’s vision of the wedding/session. Accordingly, the CLIENTS acknowledge that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance.
LIMITATIONS ON LIGHT: WTL Photos & Video is primarily a natural light photographer. CLIENTS
acknowledge that in the event that any part of the wedding occurs at a time or in a location where there is an absence of natural light, WTL Photos & Video will have to use artificial light sources and the images will look different than the natural light images CLIENTS
have seen in WTL Photos & Video's portfolio. Accordingly, CLIENTS
acknowledge that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance. WEATHER LIMITATIONS FOR PORTRAIT SESSIONS (INCLUDING BUT NOT LIMITED TO ENGAGEMENT SESSIONS): CLIENTS recognize that WTL Photos & Video prefers to shoot in outdoor, natural light for her portrait sessions, including but not limited to engagement sessions. Therefore, WTL Photos & Video reserves the exclusive right to reschedule her portrait sessions, including but not limited to engagement sessions, due to weather conditions. WTL Photos & Video will notify the client via email 24-48 hours in advance of the portrait session if the session needs to be rescheduled due to weather conditions, including but not limited to rain, wind, snow, dust, extreme temperatures, etc.
CULLING + EDITING: After the wedding, photo or video session, each image is put through a careful selection process, where WTL Photos & Video selects images that meet his high standards of quality. Images with eyes closed, unflattering poses, and duplicate images are removed permanently immediately after WTL Photos & Video completes this culling process. CLIENTS acknowledge that WTL Photos & Video retains complete control over the culling and editing process. WTL Photos & Video color corrects and does minimal editing on all delivered images in Adobe Lightroom. WTL Photos & Video also retain complete control over which images are delivered in color and which images are delivered in black and white. All images that are printed through WTL Photos & Vide are retouched in Adobe Photoshop at WTL Photos & Video's complete discretion (excluding images marked "as is"). WTL Photos & Video is not responsible for editing the person physically. During the retouching phase for images printed through WTL Photos & Video, WTL Photos & Video will retouch any mark that will not be present in two weeks (i.e., acne). Any additional client requested edits, including but not limited to, removal of scars or birthmarks, removal of persons or things, body shaping, head swaps, etc., shall be outsourced to our editors at $30 (thirty dollars USD) per image per round of revisions. Extensive Photoshop work will be invoiced to the client at $150 per hour.
LOCATION ACCESS, FEES + PERMITS: If CLIENTS want to shoot at a location that charges for access or requires permits, CLIENTSshall be responsible for all fees associated with shooting there, including but not limited to entrance fees and parking. CLIENTS shall also be responsible for organizing access to the location and any permits required for doing so.
Coverage plan times must be used consecutively unless previously established otherwise. Time starts when Winston Lackey arrives and the time ends when the coverage time runs out at the outro time listed. The client understands and assumes financial responsibility for the fees accrued should the WTL Photos & Video Team be required to fulfill services past the listed intro or outro time. Standard Engagement session time allotted: 1 Hour, 1 Location, Unlimited Outfits.
****PLEASE MAKE SURE NO FRIENDS OR FAMILY HAVE LIGHTS / FLASH / PHONES UP AND TRIGGERING DURING RECORDING TIME. WTL Photos & Video retains the right to redact any footage obstructed by guests or wedding party members***
Delivery: All digital and physical delivery dates are subject to business days and business closures.
For engagement sessions, WTL Photos & VIdeo shall post the online gallery of High Resolution images within three (3) to six (6) weeks of the engagement session. For weddings, WTL Photos & VIdeo shall provide a small set of teaser images to CLIENTS within two (2) weeks of the wedding. CLIENTS full online gallery of High Resolution images will posted within eight 60 business days of the wedding. CLIENTS shall download the zip file of all images from the online gallery and will not receive a physical disc of images. CLIENTS acknowledge that they understand how to download the images from the web onto their computer, including unzipping the zip file, and how to back up images to prevent image loss. The Studio is not responsible for user error in downloading and saving final images. Your online gallery expires six (6) months after the date of your wedding.
TERMINATION BY CLIENT: CLIENTS may terminate this agreement if notice of such termination is given to WTL Photos & Video in the following manner: CLIENTS must send notification in writing, prior to the original wedding date. WTL Photos & Video will also send an electronic cancellation agreement to CLIENTS, which must be signed by CLIENTS. This is the method of cancellation agreed upon by all accepting parties and the only method of cancellation that will be accepted. WTL Photos & Video shall retain CLIENTS deposit/retainer as liquidated damages AND CLIENTS shall be held liable for the payment of the A La Carte Value of all services provided up to the time of cancellation, in excess of the 50% retainer, not to exceed the grand total agreed upon (collection amount + travel fees + sales tax). At the time the cancellation notice is received by WTL Photos & Video via email or mail and the balance due under this section is paid, this contract shall be cancelled, and both parties shall be relieved from further obligation and liability. In the event that the balance due under this section is not paid by CLIENTS, WTL Photos & Video may charge a $10.00 (USD) per day late fee on CLIENTS balance until the balance is paid in full. If the balance is not paid after 30 days, WTL Photos & Video may send CLIENTS account to collections.
Cancellations/Returns: ALL SERVICES AND PAYMENTS ARE FINAL AND NON-REFUNDABLE.. You assume the responsibility for your purchase. Cancellations made prior to 4 months before to the scheduled date are eligible for a 25% investment return (deposit/retainer excluded)