Terms and Conditions

The client is solely responsible for securing permission from the site owner/operator for use of the production site as well as authority for Churmell Mitchell Productions (Game Changer Movement LLC)  to set up all necessary production equipment.  It is understood that the quality of the production is dependent upon adequate lighting, camera/microphone positions and other conditions not under the control of Churmell Mitchell Productions (Game Changer Movement LLC). Churmell Mitchell Productions (Game Changer Movement LLC) is not responsible for poor, dark or grainy photo resulting from inadequate lighting or the refusal of the client to allow supplemental lighting at the location of shooting of the photo shoot, or electrical or mechanical malfunctions on location that are beyond our control. Churmell Mitchell Productions (Game Changer Movement LLC) is not responsible for poor photos if the groom, bride, or other people in your photos do not agree to follow Churmell Mitchell Productions (Game Changer Movement LLC) instructions. The agreement of the service to perform is subject to proven detention by sudden illness, accidents, acts of God, or any other legitimate condition beyond the control of Churmell Mitchell Productions (Game Changer Movement LLC). Every reasonable attempt will be made to secure a backup photographer in such an unlikely event. Churmell Mitchell Productions (Game Changer Movement LLC) will establish an arrival time for shooting of the video or photographs with the client prior to that date and remain on duty for the number of hours included in the package. Coverage hours included in the package are for the photo shoot only and must be consecutive. This block of time includes set-up and tear-down of equipment, transportation between venues and meal breaks.

Churmell Mitchell Productions (Game Changer Movement LLC) reserves the right to discontinue filming or photographing in any situation (ex: poor client behavior, racial discrimination, rain, extreme temperatures, humidity, hazardous locations, and other issues based on the judgment of the Churmell Mitchell Productions) that could put the safety of the photographer/videographer or equipment at risk. One or more cameras will be used to film the video footage or to do photographs. The aesthetic quality of these photos may vary depending upon the logistics of the location, wedding site and the permitted camera placement. Any expenses incurred by Churmell Mitchell Productions (Game Changer Movement LLC) not pertaining directly to the production of the photo/video shoot  (ex: out-of-town accommodations, tux rental, parking, shipping, etc.) will be added to the client’s balance. The completed photos will be considered a finished product, and any additional requested revisions will be added to the client’s balance at the prorated rate of $500 per hour. The original footage will remain the property of Churmell Mitchell Productions (Game Changer Movement LLC).  The client gives Churmell Mitchell Productions (Game Changer Movement LLC) permission to use this footage for marketing purposes. Any special requests overriding the terms and conditions of this contract must be specified in the Churmell Mitchell Productions (Game Changer Movement LLC) Agreement Worksheet during the final consultation prior to the photo shoot date.

Rehearsal Coverage:  If selected as an add-on, Churmell Mitchell Productions (Game Changer Movement LLC) will attend the rehearsal location to video/photograph footage and examine the logistics of the location site.  The client recognizes that Churmell Mitchell Productions (Game Changer Movement LLC) will not plan to video/photograph the entire rehearsal. 

 

Rehearsal Dinner Coverage:  If selected as an add-on, Churmell Mitchell Productions (Game Changer Movement LLC) will attend the rehearsal dinner for no longer than one hour for video/ photo footage.  Any time exceeding one hour will be added to the client’s balance at the prorated rate of $500.00 per hour.  Churmell Mitchell Productions (Game Changer Movement LLC) will notify the client when the one-hour time limit is nearly reached.

Additional Hour of Coverage:  If selected as an add-on, Churmell Mitchell Productions (Game Changer Movement LLC) will include the additional coverage time when establishing arrival and departure times with the client for the event  date.  Additional hours must be consecutive with the block of hours already included with the package.

Next Day Teaser:  If selected as an add-on, Churmell Mitchell Productions (Game Changer Movement LLC) will create 2-3 photo teasers for the client to share on social media.  This teaser will usually be completed up to 72 hours or more from the end time of the day after the actual wedding day, unless Churmell Mitchell Productions (Game Changer Movement LLC) is traveling or booked for a full-day shooting the following day. The 72 hours will start when he doesn't have a booked event.  In the latter case, this teaser will be completed on the next day that Churmell Mitchell Productions (Game Changer Movement LLC) does not have a full-day shoot scheduled or any other obligations. Clients are prohibited to text the photographer about photos at any time after their wedding date. If so they will be charged a fee of $100.00 each time the customer asks for pictures in any shape or form of photographers judgment. 

Raw Footage:  If selected as an add-on, the client will receive one USB drive containing all raw footage that was photographed.  Churmell Mitchell Productions (Game Changer Movement LLC) is not responsible for any material in the raw footage that may be offensive or disturbing to the client.

Other Terms and Conditions

1.  Parties.  

Client or Business owner  listed above, or a 3rd party acting as the purchaser of stated services are hereinafter collectively referred to as “Client.”  Churmell Mitchell  is hereinafter referred to as “Photographer/Videographer.”  Videographer/Photographer is in the business of providing professional photographer services and products and Client wishes to retain Photographer’s services on the video/photo shoot Date set forth in this agreement.

2. Photographer  Services + Products Purchased.

The Videographer/Photographer agrees to provide the services and products included in the selected package, and the Client agrees to retain Photographer and to purchase Photographer's listed package price.

3.  Amount Due.  

Client agrees to pay the agreement of $____________________that is a non-refundable deposit at this time and the remaining package amount is due no later than 1 month  before the event date.

Client’s Signature:

______________________________________________________________________________________________________

Date:

______________________________________________________________________________________________________

Churmell Mitchell Productions (Game Changer Movement LLC) Signature:

______________________________________________________________________________________________________

Date:

______________________________________________________________________________________________________

4. Payment Schedule.  

The total amount owed is due in _______ installments as follows:  (i) A retainer/deposit of $______________ is due at time of booking and execution of this Agreement to reserve the Date on the Photographer’s calendar. Client has 7 days after receiving agreement to pay retainer fee before the videographer/photographer will no longer hold the aforementioned date. (ii) A second payment of the remaining balance is due 1 month prior to the wedding date.  The deposit is nonrefundable.

Client’s Signature

______________________________________________________________________________________________________

Date

______________________________________________________________________________________________________

Churmell Mitchell Productions (Game Changer Movement LLC) Signature:

______________________________________________________________________________________________________

Date

______________________________________________________________________________________________________

 

5. Late Fees.  

If Client is paying by check or by other means, any payment that is not received by each due date set forth in Paragraph 4, will result in a $300 late fee that will be assessed and added to the balance due from Client.  Any bounced checks will result in a $600 fee added to the balance due from Client.

Client’s Signature

______________________________________________________________________________________________________

Date

______________________________________________________________________________________________________

Churmell Mitchell Productions (Game Changer Movement LLC) Signature:

______________________________________________________________________________________________________

Date

______________________________________________________________________________________________________

6. Reschedule.  

If the Client reschedules the Video/Photo Shoot and the Videographer/Photographer has the new date available, all money paid up until that point shall be transferred to the new date and the parties shall revise this Agreement accordingly to indicate the new video or photo shoot Date. Photographer is unavailable on the new date, it will be treated as a cancellation, discussed below.

7. Cancellation.  

If the Client cancels the Videogrpher’s/Photographer’s services 60 days or more before the Photo shoot, then any amounts paid will not be refunded to Client.  If clients cancel the Videographer’s/Photographer’s services due to any situation (ex: rain, extreme temperatures, humidity, hazardous locations, etc.) that could put the safety of the videographer/photographer or equipment at risk will not be refunded. Clients have 3 days to reschedule the video/photo shoot without being charged an additional cost to reschedule. Client agrees to pay $300 to reschedule a new date.

 

 

8. Consultation + Cooperation.

Client and Videographer/Photographer agree that it is imperative to engage in open and timely communication with each other about the plans, schedule and timeline of the photo shoot to ensure that expectations are understood and realistic and so Videographer/Photographer can perform to the best of his/ her ability to provide the services as understood by both parties.  Therefore, Client agrees to meet with Photographer at a pre consultation meeting 1-3 weeks prior to the photo shoot date to discuss the specifics of the video/photo shoot day.  No later than the date of this meeting, Client is responsible for providing Videographer/Photographer a written shot request list of the groupings of people and/or specific video clips Client would like Videographer/Photographer to attempt to take during the video/photo shoot day.  Client and Photographer will discuss this list in detail so that both parties understand what is realistic based on the scheduling and timeline of the event day itinerary.  However, Client understands and agrees that Videographer/Photographer does not guarantee that all of the Video clips or photographs on the written shot request list will be taken at the video/photo shoot. The videographer/photographer will make a reasonable attempt to capture the Video footage or Photos as requested and agreed upon between the parties.  Client is also responsible for providing to Videographer/Photographer a schedule and timeline of the photo shoot events and, together, the Videographer/Photographer and Client will finalize the time for the first look, if applicable, formal shots and any other specifics as discussed and agreed.  Client understands and agrees that the schedule of the photo shoot day is imperative for Videographer/Photographer to have adequate time to capture the images as discussed and Videographer/Photographer is not liable for missed photos due to anyone’s tardiness or absence for any reason, including the client, other participants, their families, or any member of the photo shoot.

9. Exclusive Videographer/Photographer.

Videographer/Photographer will be the exclusive Videographer/Photographer on the day of the video/photo shoot, except for Videographer/Photographers second shooter, if applicable.  Family and friends may also take photo clips during the wedding or photo shoot, but they may not interfere with photographer’s work.  Client agrees that the photographer may ask guests to refrain from taking photos at any time during the video/photo shoot or wedding to prevent interference with Videographer’s/Photographer’s work. Videographers/Photographers will not be responsible for any bad video footage/photos taken if Client agrees to allow their guest, family, friends, or any one standing by observing  to take photos.

 

10. Parties.  

Client or Business owner  listed above, or a 3rd party acting as the purchaser of stated services are hereinafter collectively referred to as “Client.” Churmell Mitchell  is hereinafter referred to as “Videographer/Photographer.”  Videographer/Photographer is in the business of providing professional Videographer/Photographer services and products and Client wishes to retain Photographer’s  services on the Photo shoot date set forth in this agreement.

11. Meal.

If the total video shoot coverage exceeds 1 hour, Client agrees to provide Videographer/Photographer, and Videographers/Photographers second shooter or assistant  if applicable, with a meal at the video shoot or photograph location to be served immediately after the video/ photo shoot.  Client understands and agrees that the timing is important so that the Videographer/Photographer can continue videoing/photographing the shoot as discussed and agreed upon.  It is Client’s responsibility to include the Videographer/Photographer, and Videographers/Photographers second shooter or assistant if applicable, in the final catering count. If a meal is not prepared properly or not available the client is responsible to find and go pick up an acceptable meal.

12. Force Majeure.

Videographer/Photographer will not be liable to the Client for any loss resulting from an act of God, natural disaster (including but not limited to fire, earthquake, storm, hurricane, flood, lightning, tornado), an accident of any kind, an act of the public enemy, war, general arrest or restraint of government and people, civil disturbance or similar occurrence, terrorist attack, general disruption of the Internet, or general inability of national carriers to make scheduled deliveries.

Other Terms and Conditions

Proofing + Ordering.

Up to approximately 3-6 months after your event the videographer/photographer will deliver pictures to a USB flash drive that you will provide Churmell Mitchell Productions (Game Changer Movement LLC). Client agrees and understands that Videographer/Photographer, in his/her sole artistic discretion, decides which images taken during the session or event will be edited and presented in the Client’s gallery; not all images taken during the session will be presented to the Client.

 

Albums/Delivery.

If Client is ordering an album or if an album is included in Client’s package, Videographer/Photographer will email proofs of the album layout and design to client between 3-6 months  after Videographer/Photographer makes the online gallery available.  Clients will have the ability to make 1 revision to the proofed layout.   The album will be available for pick up or delivery to Client within 3-6 months after Client has signed off on the proofed layout.  Videographers/Photographers are not liable for mistakes or delays in creating or delivering the album caused by the lab or company producing the album.  If Client wishes to make changes or place a reorder after Client has already signed off on the proofs, then all changes and reorders will be at the Client’s full expense.

Editing  

Client agrees and understands that Videographer/Photographer edits the proofs at his/her own artistic discretion, and said editing is included in the package fee.  Additional re-editing or heavy editing, such as removing glare on eyeglasses, braces, acne, or weight reduction, will be charged at any extra rate of $100 per image.

Refunds.

Due to the custom nature of prints and photographic art products, all purchased products cannot be returned and all money paid is nonrefundable.

Archive and Storage.  

The Videographer/Photographer archives all proofed images/footage from each session for a period of 1 year from the date of the session/wedding. After that time, the Photographer deletes all proofed images from his/her hard drive and all external hard drives. The Photographer is not responsible for digital files once they are purchased and received by the Client.  The Client is responsible for making electronic back-up copies of any digital files that are purchased from the Photographer and for keeping them in a safe place.

Force Majeure.

Videographer/Photographer will not be liable to the Client for any loss resulting from an act of God, natural disaster (including but not limited to fire, earthquake, storm, hurricane, flood, lightning, tornado), an accident of any kind, an act of the public enemy, war, general arrest or restraint of government and people, civil disturbance or similar occurrence, terrorist attack, general disruption of the Internet, or general inability of national carriers to make scheduled deliveries.

 

 

Limitation of Liability.

If Videographer/Photographer fails to provide the services hereunder due to reasons other than those listed in Paragraph 16 herein, Client’s recovery and Photographer’s liability is limited to the total amount paid from Client to Videographer/Photographer under this Agreement and Videographer/Photographer will have no further liability to Client, regardless of the total amount of costs or damages claimed by Client.  Client’s recovery is also limited to the total amount paid from Client to Videographer/Photographer under this Agreement in a situation where the digital files or film negatives are lost or damaged through camera malfunction, where Videographer/Photographer’s camera(s), memory cards or film negatives are stolen, or where Photographer’s equipment is otherwise lost or damaged.  If only a portion of images are lost, stolen or damaged, refund to client will be in reasonable proportion to the amount of lost files.

Assumption of Risk; Release of Photographer.

Client is responsible for and assumes the risk of injury to Client throughout the event or wedding day coverage.  EXCEPT AS SET FORTH IN PREVIOUS MENTIONING ABOVE PARAGRAPH, CLIENT, THEIR HEIRS, ASSIGNS AND NEXT OF KIN, AGREE TO FULLY RELEASE PHOTOGRAPHER, AND PHOTOGRAPHER’S EMPLOYEES AND INDEPENDENT CONTRACTORS FROM ANY AND ALL LIABILITY, CLAIMS wAND/OR LITIGATION OR OTHER ACTIONS THAT CLIENT MAY HAVE FOR INJURIES, DISABILITY, OR DEATH OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT, CONTRACT, BREACH OF WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF THE PHOTOGRAPHER, PHOTOGRAPHER’S EMPLOYEES OR INDEPENDENT CONTRACTORS.

Substitute Photographer.  

If a Videographer/Photographer suffers from any illness or emergency, every effort will be made to secure the services of a new professional videographer/photographer to cover the event.  If a second shooter is already booked for the event they will become the main videographer/photographer and an effort will be made to secure a new second videographer/photographer.  In the event that no videographer/photographer can be booked, all money paid will be refunded.

Model Release.  

Client hereby grants to Videographer/Photographer and her legal representatives, heirs, and assigns, the irrevocable and unrestricted right to use and publish video footage/photographs of Client and Client’s likeness for marketing, advertising, portfolio, website, commercial use, and other purposes, in any manner and to edit and alter the same without restriction.  Client hereby releases Videographer/Photographer and her legal representatives, heirs and assigns from any and all claims and liability relating to the video footage/photographs.

Copyright.  

Client understands that Videographer/Photographer is the sole and exclusive holder and owner of the copyright of each image taken during the services provided under this Agreement and Client will not copy (including electronic copying, downloading, and screen printing), scan, edit, crop, or alter the images in any manner for any purpose.  Videographer/Photographer retains all rights to the images, including but not limited to, the right to sell, copy, display, and/or publish any and all images, for any reasons, including but not limited to marketing, advertising, print competitions, and for use on Videographer’s/Photographer’s website and portfolio.  Copyright protection is governed by federal law and any and all violators will be punished to the fullest extent of the law permitted.

Client Usage; Personal Use Only.  

Client understands that he/she is obtaining prints and/or digital files (or other products) for Client’s personal use only.  Client agrees that he/she will not use any of the images from the wedding for commercial reasons, including but not limited to marketing, advertising or entering the images into a contest of any kind. If Client wishes to use any of the images from the wedding for commercial purposes, Client must contact Videographer/Photographer to discuss the terms of a potential commercial arrangement, though Videographer/Photographer is under no obligation to enter into any commercial arrangement.

Entire Agreement; Amendments.  

This Agreement is the entire agreement between the parties regarding this subject matter and supersedes all prior agreements and understandings related hereto.  This Agreement can only be amended or modified in a writing signed by both parties, including any rescheduling or cancellations.

Severability.

If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect

Counterparts; Electronic Signatures.  

This Agreement may be signed by any number of counterparts, each of which shall be deemed an original, and all signatures together shall constitute one and the same agreement.  This Agreement may be signed via fax, email or other electronic means, any of which will be fully binding as an original signature.