Happy Service Contract
Miks Sels, personal ID number 02028411354 (hereinafter — the “Photographer”), of the one part, and the couple (hereinafter — the “Happy Couple”), of the other part, hereinafter jointly referred to as the “Parties”, enter into the following service contract:
- Subject and Scope of the Contract:
1.1. The Happy Couple assigns and the Photographer undertakes to carry out the photographing of the Happy Couple’s wedding and provide associated services 1.2.
1.2. The wedding shall be photographed in the form of reportage in a pictorial format, as well as in group and individual photos.
1.3. The Photographer shall send twenty (20) photos selected by the Photographer to the Happy Couple by e-mail within five (5) business days and carry the processing of all the remaining photos within 90 calendar days, which shall include photo contrast adjustment, removal of photo defects (dust on the sensor), and photo framing adjustment, if necessary.
1.4. The order shall be deemed fulfilled, once the Photographer submits high-resolution photos in ‘jpeg’ format to the Happy Couple by sending a link to the ONLINE PRO gallery.
- Rights and Duties of the Happy Couple:
2.1. Duties of the Happy Couple:
2.1.1. to send the wedding plan, the precise address and time of arrival to the Photographer no later than seven (7) days before the wedding;
2.1.2. to provide a hot meal to the Photographer (backstage) on the wedding day;
2.1.3. to plan a photo session on the wedding day for at least 1 hour (e.g., by dividing it into 30+20 minutes during the day and 10 minutes in the evening during sunset);
2.1.4. to be happy!
2.2. Rights of the Happy Couple:
– 2.1. to simultaneously use the services of another photographer without agreeing with the Photographer. In the event an additional photographer or video operator is ensured on the wedding day, the Photographer contracted hereunder shall have the right to specify his/her location to another photographer during photographing;
– 2.2. to specify preferable plots and places of photographing to the Photographer.
- Rights and Duties of the Photographer:
3.1. Duties of the Photographer:
– 1.1. to arrive for photographing, wearing clean and neat clothes and footwear, being physically fit;
– 1.2. to provide spare photo equipment necessary for the photographing process (second camera, flash, necessary lenses, elements of current, memory cards);
– 1.3. to provide the necessary consultations and recommendations to the young couple and attendants during the process of photographing to ensure the best quality of the service possible.
– 1.4. in the event the Photographer is unable to provide the service due to his/her health condition or an accident related to the Photographer or his/her relatives, the Photographer shall provide assistance to the Happy Couple in order to ensure the services of another photographer and shall refund to the Happy Couple the advance payment received in accordance with Clause 4.2 herein.
3.2. Rights of the Photographer:
3.2.1. to reduce the amount of services to be provided due to particularly unfavourable weather conditions (wind, rain, blizzard), in the event of inappropriate premises, in the event other photographers and/or more than one video operator participate in the process of photographing, or in the event the young couple fails to devote the time necessary for photographing;
3.2.2. to use wedding photos for the purposes of self-advertisement, at exhibitions, in competitions and for publicity;
3.2.3. to discontinue the provision of the service, notifying the Happy Couple in advance, in the event of disrespectful attitude to the photographer, if the actions of wedding guests threaten the life or health of the Photographer during the wedding, or the photo equipment is deliberately damaged, or it is attempted to cause damage;
3.2.4. to keep the advance payment made by the Happy Couple in accordance with Clause 4.2 herein in the event the Happy Couple refuses from the services of the Photographer. The only option to save the advance payment – if the Happy Couple changes the date of their wedding day and the Photographer is available at that date.
3.2.5. to use artistic freedom on the day of the provision of the service by independently choosing the position, place, and framing of photographs.
3.2.6. to use photos for selling in photo stocks (for example Adobe Stock, Shutterstock … ) if people face is not recognizable. For example, details, nature, interior, rings, flowers, decorations and similar.
- Payment Procedure:
4.1. The remuneration for the work performed by the Photographer in accordance with Clause 1 herein shall with the chosen service package.
4.2. Upon signing this Contract, the Happy Couple shall make an advance payment to the Photographer in the amount of 200,00 EUR. The Photographer shall be deemed booked for the fulfilment of the order only after the advance payment is received.
4.3. The remaining share of the Contract amount shall be paid by the Happy Couple to the Photographer a few days before the wedding or on the wedding day.
- Force Majeure:
5.1. Should force majeure circumstances such as natural catastrophes; military activities; laws and decisions adopted by authorities, which make the fulfilment stipulated hereunder impossible, occur, the Parties shall be discharged from liability for the non-fulfilment or improper fulfilment of provisions of this Contract;
5.2. In the event of the occurrence of force majeure circumstances referred to in Clause 5.1 herein, the terms of fulfilment of obligations hereunder shall be prolonged according to the period of existence of these circumstances.
- Other Provisions:
6.1. This Contract has been drawn upon two (2) pages, in two (2) identical copies, one copy for each Party.
6.2. By signing this Contract, the Happy Couple certifies that each party (spouse) has been familiarised with the content of this Contract and agrees to the provisions of this Contract.
6.3. Should any questions arise during the performance of this Contract with regard to the subject of this Contract, which is not stipulated herein, the Parties shall record them as supplements to the signed Contract, which shall become the integral parts of this Contract.
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