Terms and Condition
In the following Terms and Conditions:
“Business” shall mean PROposal/PROposal Hawaii;
“Client(s)” shall mean “You” the Parties to the Contract;
“Event” shall mean the photography and associated products and services detailed in the 'order booked' section;
“Photographer(s)” shall mean PROposal assigned photographer;
“Products” shall mean any add on’s, albums or other items listed;
“Services” shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract
This agreement contains the entire understanding between the Photographer(s) and the clients above, regardless of who pays for the services tied to this contract.
It supersedes all prior and simultaneous agreements between the parties. The only way to add to or change this agreement is to do so in writing, signed by all parties. 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 agreement to waive one or more provisions of this agreement or 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.
It is agreed that the following terms and the Contract set out the entire agreement made between the Parties and that no variation or modification of the contract shall be effective unless agreed by both Parties in writing.
Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance, or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.
PROposal Hawaii is not responsible for any injury, including death, to any person participating in any event.
PROposal Hawaii is not responsible for any theft or lost items during any event. PROposal Hawaii is also not responsible for any items falling during a picnic shoot.
A non-refundable Booking Fee is due at the time the signed contract is submitted. Payment is accepted as; cash, credit card, bank transfer, Venmo, Paypal, Cashapp, and other forms available upon discussion with PROposal Hawaii. The Parties acknowledge that the booking fee is non-refundable or transferable in the event of cancellation by the Client.
Following payment of the Booking Fee, the balance of fees due is to be paid as follows:
The remaining balance is due a minimum of 30 days prior to the event.
Payment for any additional images or products must be made at the time of order.
Failure to make payment by the dates stipulated may result in cancellation. No photographs or albums will be delivered until all payments have been received in full in cleared funds.
Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.
License and Coverage
The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgment regarding the location, poses, and number of photographs taken shall be deemed correct and not subject to dispute.
For Events involving a church ceremony or at certain other venues, the Photographer's movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer cannot accept responsibility for limited coverage in such circumstances.
Whilst the Photographer shall endeavor to fulfill the Clients’ requirements, the Photographer cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer and should be agreed in writing.
Where the Photographer is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
Image and Reproduction
All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation.
Whilst every effort will be made, the Photographer(s) cannot guarantee exact color matching and is not held responsible for any color variations, which may occur due to light and location variations.
Due to the limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
The Photographer will be responsible for creative choices in terms of the images captured during the shoot but will take into account the Client’s reasonable instructions in respect of the shoot brief.
Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients’ requirements.
Special requests are not binding instructions, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location, or group arrangements due to changes in weather and the availability and willingness of subjects.
Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
The client understands and agrees that photographer is required to retain copies of the photos that were presented to the client from the shoot for 60 days after the shoot. After this period has expired, the photographer has no duty to retain copies of files or photos from the event. RAW images are never given to the client. It is the responsibility of the client to purchase, store, and backup photos after the 60-day period.
EDITS MADE TO IMAGES ARE DETERMINED BY EDITOR CREATIVITY - NO BODY MODIFICATIONS WILL BE DONE TO ANY CLIENT OR PERSON IN THE PHOTOGRAPH (YOU ARE PERFECT THE WAY YOU ARE).
All images shall remain the sole property of the Photographer(s) at all times.
All completed albums and products shall remain the property of the Photographer(s) until full payment is received.
The Photographer will take all reasonable steps to ensure equipment is in good working order, backup equipment is available where appropriate and that images are backed up in a responsible manner. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files, or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary.
It is contrary to the Act to copy or allow to be copied photographically, electronically, or by any other means an image created as part of this contract without the written permission of the Photographer(s).
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, PROposal reserves the right to appoint another suitable Photographer(s) to attend the Event on our behalf to undertake the photography to his/her best ability.
Insurance & Limitation of Liability
The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a total photographic failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract.
Neither party shall be liable for any indirect or consequential loss.
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.
It is the responsibility of the customer to ensure the cooperative behavior of subjects at an Event. Should the photographer(s) feel unsafe at the contracted Event or be subject to abuse and the customer cannot control or prevent the situation then the photographer is entitled to advise the customer of that situation and leave without forfeit on this contract (e.g. drunk / abusive guests at a wedding).
Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s).
Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).
Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer (s). In such circumstances, the Client will be liable to pay the Photographer(s) the following sums:
Notice received 365 days or more prior to the date: Booking Fee only.
Notice received less than 365 days but more than 182 days: 50% of the agreed balance due will be payable.
Notice received of 182 days or less: 100% of the agreed balance will be payable.
Where no package has been selected on the original booking form, the agreed balance will be accepted as being $550 and the date of cancellation will be deemed to be the date the Photographer(s) receives a written Notice of Cancellation, as confirmed by the Photographer.
Where an Event is postponed until a later date, the postponement will be treated as a cancellation in accordance with the above payment structure. If the Photographer(s) can accommodate the later date a 50% allowance of the amount due will be transferred to that new date and a new contract will be commenced.
All complaints should be raised by the Client directly to the Photographer in writing within 7 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 7 days of receipt of the Complaint.
Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.