Wedding Photo-Video Contract Terms and Conditions
By clicking the Process Payment button on the Quote and checking the box at the bottom of the Booking Form, each Client identified on the Booking Form (collectively, “Client”), including the Quote, and Eivan’s Photo, Inc. (“Eivan’s”), and any of Eivan’s affiliates, agrees to enter into this Wedding Photography and/or Videography Contract (“Contract”). This contract is intended to protect both Client and Eivan’s and to confirm the understanding and agreement of the parties. Should Client’s selected package not include certain services or features, such as videography or a photobooth, the provisions hereof related to such services or features shall not apply.
This Contract supersedes and replaces all previous understandings, agreements or contracts, written or verbal, between Eivan’s and Client. Client and Eivan’s agree that digital or electronic signatures shall be binding on the parties and sufficient to execute, negotiate, and finalize this Contract. If Client wishes to purchase any service or product made available through www.eivans.com (the “Site”) (each such purchase, a “Transaction”), Client may be asked to supply certain information relevant to your Transaction including, without limitation, Client’s credit card number, the expiration date of the credit card, Client’s billing address, and Client’s shipping information. EACH CLIENT REPRESENTS AND WARRANTS THAT EACH CLIENT HAS THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, Client grants to Eivan’s the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by Client, or on Client’s behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
THIS AGREEMENT is between Eivan’s Photo, Inc. of 10020 W. 190th Pl. Mokena, IL 60448 (“Eivan’s”) and Client for the purposes of providing photography, video and/or other services for the consecutive hourly coverage amount notated within the Contract Sales Order (hereinafter referred to as the “Contract”) and its contents on the booking date. For purposes of this Contract, the Quote, the Booking Deposit Receipt, the post booking email with the Booking Form, the Booking Form, the Contract Sales Order, the Statement of Account-Payment Schedule, the Event Recap Form, the Wedding Photography Form, the Wedding Videography Form, the Engagement Session Form, the Wedding Film Approval form, the Video Editing Approval form, the Wedding Digital Files Approval Form (Image Approval Form or Release for Download Form), the Resolution Agreement Form, Revision Request Form, and all other forms completed by the client shall be included as part of this contract. To reflect the understanding and agreement of both parties, the parties agree to the following:
1. SCOPE OF WORK
This contract establishes the terms for wedding photographs, albums, prints and video and/or any other media that might be purchased using this contract. Eivan’s shall provide photography, video and other services for Client, per the package purchased, listed on the Quote and the Contract Sales Order.
2. PREVIOUS UNDERSTANDINGS & MODIFICATIONS
The Parties agree that this contract supersedes and replaces all previous understandings, agreements, or contracts, whether written or verbal, by and between Eivan’s and Client. Any modification of this Contract will not be valid unless made in writing, or electronically communicated by Eivan’s, and is signed and acknowledged by both parties, either in writing or electronically.
3. PAYMENT
Client agrees that Eivan’s main form of payment is check. Eivan’s will accept Client payment through credit or debit, but Client shall incur a 4% convenience fee for each and every credit or debit transaction. Client agrees to pay the total amount as indicated on the booking contract and guarantees that all payments shall be rendered as indicated by the “Statement of Account – Payment Schedule.” Client agrees that all monies, whether in the form of a deposit, retainer or other, are non-refundable, with the exclusion of the initial Quote deposit being refundable within 3 days of paying said deposit if requested by client via email; unless the client has submitted their Booking Form which would make all payments non-refundable even within 72 hours post-booking. Balance must be paid, in full, at least 60 days prior to the event date. If the Client selects to pay by installment, pursuant to the payment terms as offered by Eivan’s, Client agrees to pay an additional 5% (five percent) of the total amount of the contract, payable in equal installments over the course of the installment payment period. Should Client pay by debit or credit card, Client shall take notice that all electronic transactions listed on statements will show payment made to “Eivan’s Photo, Inc.” Additionally, other provisions located in the Quote, Statement of Account — Payment Schedule, Contract, and any Event Recap Form, as they pertain to the terms and conditions of the payment, shall be applied accordingly.
4. OVERDUE PAYMENTS
In the event Client has an overdue payment on their account, Client will be subject to an interest rate of 13%, per missed invoice. Client shall be given a 5 calendar day grace period. The grace period is the period of time between the end of a billing period and the date your minimum payment is due, and during this time you may pay your invoice without paying interest—at least on new invoices. However, after the grace period expires, each missed invoice shall include the total due for that billing period, plus any and all missed invoice totals. The total accumulation of fees owed shall be totaled and then subject to the 13% interest rate. If at any time Client is referred to a collection agency and/or law firm, Client shall be liable for all costs incurred until the debt is collected in full, including commission on collection of the additional costs and including legal demand costs.
5. CANCELLATION OF EVENT DUE TO NONPAYMENT FROM CLIENT
If Client has set up a payment plan and then fails to pay any part of the monthly invoice, expenses, or any amount due to Eivan’s, the Client will be deemed to have defaulted under this contract. Should Client fail to pay any invoice, expenses, or any amount due to Eivan’s, Client’s scheduled event may be cancelled due to Client’s breach of contract from nonpayment. Should Eivan’s choose to terminate the scheduled event date, Eivan’s shall still be entitled to the original contract price, plus any damages, should there be any.
6. CREDIT CARD DISPUTES AND CHARGEBACKS
Client agrees to pay a total of $500.00 for any credit card dispute attempts, plus all collection and legal fees until the complete amount is paid in full. This shall not serve as a penalty, but as a fee for extra labor to research and submit additional paperwork for the credit card processor in order for Eivan’s to rebut and fight such action.
If at any point in time Client requests a chargeback from their credit card company, Eivan’s reserves the right to use any and all correspondence with Client to prove the legitimacy of the transaction. Some examples of correspondence may include, but is not limited to the following documents: (a) any and all signed agreements, whether signed via E-Sign or in person; (b) receipts of purchase; (c) receipts of down payment; (d) receipt of any payment for the specific charge; (e) delivery documentation should any claim refer to any services not being rendered or goods not being delivered; (f) the Client’s IP Address showing what computer signed the agreement via E-Sign and where; and (g) any and all other correspondence regarding the Client’s transaction to evidence services being rendered, proving the legitimacy of the transaction.
Should Eivan’s discovery documentation provide sufficient evidence of a false chargeback, Client shall be liable for any and all fees and expenses incurred during the dispute resolution, plus the $500.00 fee listed above.
7. PRICE LISTS
The charges in this Contract reflect Eivan’s Price Lists and are guaranteed until three months after receipt of the proofs. “Receipt of proofs” is defined as the time when the wedding photographs are released for viewing to the Client online at www.eivans.com. Orders placed more than 90 days after receipt of proofs will be charged the prices in effect at the time the order is placed.
8. CHANGE OF DATE, TIME, SCHEDULE OR LOCATION OF VENUE
In the event of any change in date, time, schedule or location of event, Client understands and agrees that Eivan’s must be notified immediately of any changes that may affect its performance under the Contract, including but not limited to, a change in date, time, schedule, or location of the event. Notification of any changes must be in the form of a written notice sent via email for documentation. In the circumstance that such an email is sent, a confirmation of receipt shall be sent from Eivan’s to the Client. However, upon notice of any changes in the date, time, schedule or location of the event (including Client’s cancellation of the event), it shall be within the sole discretion of Eivan’s to either (a) deem the change to be a cancellation of this Contract and collect payment for all services rendered prior to and including the date of cancellation plus a Cancellation Fee as provided below in paragraph 9; or (b) accommodate the change in date, time, schedule or location, and charge the Client at the payment rate effective at the time of the change. Client shall be required to submit the written notification to Eivan’s via email or submit a Request a Change Form in order to advise Eivan’s of their request to change the date, time, schedule or location of venue. Client shall be required to submit/resubmit the following documents: Request a Change Form, the Wedding Photography Form, the Wedding Videography Form, should Eivan’s require it. Once Client submits the above-mentioned forms, Client shall be bound to the current Terms as of the date Eivan’s accepts the change of event date. Further, it is the Client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, Client must notify Eivan’s immediately by email or by completing a “Request a Change” Form.
(A) Should a fee be involved with the change of date, time, schedule or location of venue, Client shall still be responsible for ensuring Eivan’s is paid at least 60 days prior to the event. Eivan’s retains the right to demand payment in full if Client changes the event date, time, schedule, or location of venue.
9. CANCELLATION POLICY
Upon providing a retainer and/or deposit, there shall be NO refund issued after the signing of this Contract due to the reservation of the event date. Client understands that when they sign/accept the Contract by clicking “Accept” and/or “Proceed,” Eivan’s Photo, Inc. reserves requested services for the day and time of the event. Due to the work and time involved, in the circumstance that the event is cancelled, for any reason, Client shall be responsible for any and all expenses Eivan’s Photo, Inc. (including the date of cancellation, without limitation, any fees already paid to Eivan’s photographers or videographers). Eivan’s also requires Client to pay a “Cancellation Fee”. In order to avoid the cost and effort in order to calculate such damages, the parties hereby agree that in the event Client cancels their contract, Client shall pay a fee equating to one hundred percent (100%) of their total contract price within 10 days of such cancellation. This shall not serve as a penalty, but as liquidated damages for Client’s breach of Contract (the “Cancellation Fee”).
Any monies Eivan’s received from Client in the form of either a deposit or a retainer are non-refundable and Eivan’s shall retain all payments made by Client prior to cancellation. If the monies paid by Client are insufficient to cover the amount for the services rendered by Eivan’s prior to and including the date of cancellation and the Cancellation Fee, Client shall pay any additional amount required hereunder within one week of such cancellation. Any other arrangements shall be discussed between Client and Eivan’s, and approved by Eivan’s Photo, Inc., in writing.
10. VENUE PERMITS & LICENSES
Client is responsible for determining whether any permits or licenses are required for any location or venue where photography and/or videographer services will be performed. Client is also responsible for payment of any fees and cost associated with such permits or licenses including but not limited to certificates of insurability if requested for any services provided by Eivan’s by the venue. Client agrees to obtain all necessary permits and licenses before the event date and before the engagement session (if applicable). Client will provide Eivans with proof of said permits and licences before the event date and before the engagement session (if applicable) The photographers and videographers (if included in Client’s package) are limited by the guidelines of the ceremony official or reception site management.
11. REQUESTED EVENT PLANNING DOCUMENTS
Eivan’s will provide Client with a link containing the “Required Form” (Booking Form), via email, immediately following Client’s deposit. The Booking Form is REQUIRED. If this form is not received within 72 hours from the date of Client’s deposit, acceptance of the Quote, or 72 hours prior to the event date, whichever is earliest, Eivan’s retains the right to cancel the scheduled event and shall not be required to render service for the event date.
Eivan’s will provide Client with event planning documents at least eight (8) weeks before the wedding date. In most circumstances, these event planning documents will be given to the Client upon accepting of the Contract. In all circumstances, if the Client is not given these documents, it is their responsibility to obtain them from Eivan’s. These documents are the Client’s opportunity to furnish Eivan’s with a list of persons, groups, or occurrences specifically desired to be photographed and/or captured on digital video (if applicable), and any photos or other materials requested to be included in the video production. If Client’s package includes videography services, any such materials for inclusion in the video production must be supplied to Eivan’s minimally thirty (30) days prior to the event. Client agrees that production of the video may proceed without these materials if the Client has not supplied Eivan’s with all requested documentation in a timely manner, with no reduction of fees due under this Contract. Eivan’s reserves the right to terminate this Contract if Client does not respond to requests to complete event planning documents in a timely manner. Eivan’s recommends that the Client designate an “event guide” to inform Eivan’s of important individuals for informal or candid photographs or video clips and recommends that the Client designate a personal friend or family member to assist in identifying people or gathering people for photographs or video clips. Eivan’s will make its best efforts to obtain the requested photographs or video, but makes no guarantee that Client requests will be fulfilled.
12. FAILURE OF SATISFACTION
Due to the limited and subjective nature of the event, Eivan’s cannot be held responsible for requested photographs or video not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by situations that may include, but are not limited to, anyone in or at the event, or by the church or location restrictions. The photographer is not responsible for lost photo opportunities due to any kind of equipment malfunction, the lateness of the Client, or other principal parties to the event. The photographer is not responsible for lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. Hereby it is acknowledged that any photo or video lists submitted to Eivan’s will be used for organizational purposes only and in no way represents photography that will be produced. Due to the nature of the event, Eivan’s promises to do its best to fulfill all requests, but cannot make any guarantees that all images or video clips will be delivered.
13. LIGHTING AND VENUE RESTRICTION LIABILITY
Eivan’s photographers and videographers, (if included in Client’s package), are limited by the guidelines of the ceremony official or reception site management. Among other restrictions, Eivan’s and its third-party servicers are not responsible for lighting restrictions imposed at any of the ceremony, reception or other venues, whether known or unknown by the Client prior to the wedding day. The Client agrees to accept the technical results of their imposition on the photographer and videographer. Negotiation with the officials for alteration of guidelines is solely the Client’s responsibility. Eivan’s will offer technical recommendations only. Furthermore, the Client agrees that Eivan’s is limited by the restrictions imposed by the church, reception, hall, and any other venue and the constraints of the physical environment, which can affect the quality and production of the photography and videography coverage. Again, Eivan’s is not responsible and shall not be held liable for any venue or environmental restrictions.
14. UNFORESEEN CIRCUMSTANCES
If Eivan’s or its assigns, cannot perform this Contract on the event date due to a fire, casualty, strike or other civil disturbances, acts of God, including but not limited to, illegality of the event as determined by local, state or federal government, or becomes impossible to perform, road closures, severe traffic, fire, terrorism, local epidemics or pandemics, or other causes beyond the control of the parties, or due to the photographers illness, then Eivan’s agrees to provide a non-refundable credit in the same amount of all payments to use for another date pending availability, or this credit may be transferred to a designated assignee by the Client but shall have no further liability with respect to this Contract. This limitation of liability shall also apply if photographic materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Eivan’s.
15. EXCLUSIVE PHOTOGRAPHER AND VIDEOGRAPHER
Client agrees that they have had the opportunity to critically view samples of Eivan’s work, and after such review, they have chosen to retain Eivan’s as the exclusive photographer and/or videographer, if included in Client’s package, to cover the event. Furthermore, Client agrees that Eivan’s photographers and videographers will be the sole professional photographers and videographers employed for the event. Family and friends of the Client and other wedding vendors shall not interfere with the photographer or videographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of wedding services to ensure proper exposure of images. Eivan’s will have priority over any other type of photographer or videographer, whether employed or not in connection with the event and retains exclusive control over the positioning of cameras and equipment. Such breach of this provision will constitute a reason for not completing the job without any liability to Eivan’s and the loss of all deposits paid by the Client.
16. PHOTOGRAPHER SUBSTITUTION
In the event the assigned Photographer or Videographer is unavailable, Eivan’s retains the right to substitute another photographer or videographer to take the photographs or video. Eivan’s will exercise its best efforts to provide adequate backup means or otherwise to perform this photography and/or video service. Under no circumstance is substitution of a photographer or videographer a breach of contract by Eivan’s.
Eivan’s retains the right to substitute a photographer or videographer at any time prior to the event, should Eivan’s feel such action is necessary.
This paragraph is also subject to the below paragraph 18(b)(iv).
17. WEDDING GARMENTS
Eivan’s cannot and will not be held responsible for damage to garments during the event. Client is responsible to arrange for personal assistance for wedding garments
18. TRANSPORTATION, ACCOMMODATION, TOLL AND PARKING COSTS
(A) Client is responsible for all travel expenses incurred by Eivan’s or its affiliates or third-party contractors in connection with the photography and/or videography services. Specifically, Client shall reimburse Eivan’s for the following expenses incurred or to be incurred by each photographer and/or each videographer: (1) tolls, (2) parking (for each parking fee incurred in connection with the wedding event and engagement session), (3) taxi and other transportation costs (such as Uber or Lyft), and (4) the long distance and overnight accommodation fees referred to below. Any travel costs payable by Client shall be paid to Eivan’s no later than fifteen (15) days after the date of invoice.
(B) If the wedding location is beyond Eivan’s Nearest Service Area, certain additional travel fees will be added to the amounts payable by Client under this Contract in accordance with this Section 18(b). Eivan’s Nearest Service Area shall be defined as the city center of closest of the Service areas located on Eivan’s website, https://www.eivans.com/about-us/. All travel fees will be charged per shooter and Client may be subject to one or both travel fees described below depending on the wedding location.
i. Client agrees to pay a long-distance travel charge (the “Long Distance Fee”) if the photographer(s) and/or videographer(s) needs to travel 90 miles or more round trip. The Long-Distance Fee is equal to $90.00 plus $1.50 for each additional mile in excess of 90 miles.
ii. Client also agrees to pay a talent overnight accommodation charge (the “Accommodation Fee”) if the wedding location is 2 or more hours away from the City Center, as determined by Eivan’s, using mapping technology which takes into account, without limitation, traffic patterns, ferry crossing, and road conditions, as applicable. The Accommodation Fee is applied to the costs of overnight accommodations for each shooter. If the wedding location is more than 2 hours away, but less than 3 hours away from the City Center, Client agrees to pay an Accommodation Fee for one night for each shooter. If the wedding location is more than 3 hours away from the City Center, Client agrees to pay an Accommodation Fee for two nights for each shooter covering the evening before and the evening of the wedding. Except as provided in the following sentence, the Accommodation Fee is equal to $150.00 per shooter per night and is payable at the time of signing this Contract or when Eivan’s invoices the Client. If the hotel room costs (including the room rate and all applicable taxes and fees charged by the hotel) exceed the amount paid by Client at the time of signing this Contract or when Eivan’s invoices the Client, Eivan’s will invoice Client for the difference between the actual costs and the amount already paid by Client or invoiced; this amount will be due and payable by Client within 15 days from the invoice date.
iii. These travel charges also apply for any portrait session, any multi day session or any other session Eivan’s or its affiliate or contractor is shooting for Client if the mileage or travel times exceed the amounts specified above. Travel fees are subject to change.
iv. These travel charges apply to paragraph 16 of this agreement as well. Should Client reschedule their event, and Eivan’s needs to provide a new photographer for the new date of the rescheduled event, if no photographers within the city center limits are available Client shall be responsible for the additional travel fees to ensure the event has a photographer.
19. INCLEMENT WEATHER CHARGE
In the event of severe weather, including but not limited to, a blizzard, severe rain storm, fire, or other unforeseen and/or natural occurrences or events, Eivan’s personnel may make the decision that it is unsafe to drive home, and hotel stay will be billed to the client.
20. VENDOR MEAL
The Client is not required to provide the photographer(s) and/or videographer(s) or any additional staff working with Eivan’s a meal. However, if no meal is offered to the photographer(s) and videographer(s) and/or staff, the photographer(s) and videographer(s) and/or staff will be allowed (1) hour to leave the event for lunch and/or dinner, the timing being at their sole discretion and with no reduction in fees. During such a break, Eivan’s is not responsible for any photography and/or videography coverage missed during that time.
21. EXTENDED COVERAGE
Eivan’s shall have the sole discretion to comply with the Client’s request for an extension of photography and/or videography coverage in the event that activities extend beyond the agreed-upon length of time. If Eivan’s agrees to extend coverage, such extended coverage overtime will be billed in half hour increments at the current rate of $100.00 per half hour per photographer and/or videographer, until the Client departs from the activities or informs Eivan’s Photography Inc. to discontinue. In the event of a discrepancy regarding the coverage of certain events opposed to the time allotted on this Contract, the Request Form that the Client filled out prior to the wedding will take precedence. Eivan’s promises to do its absolute best in capturing the requested poses and photography moments in accordance with the Request Form while still abiding to the time parameters.
22. WARRANTY OF MERCHANTABILITY
The Client grants Eivan’s full production and editorial control regarding all aspects of production. Again, Eivan’s makes no guarantee expressed or implied, regarding aesthetic qualities of the products and services offered. Eivan’s makes no guarantee concerning any effect, request, and specific pose, photographed or videotaped segments. Eivan’s warrants that all album and video products (to the extent included in Client’s package) shall be free from material defects in materials or workmanship for a period of one year, excluding normal wear and tear, cosmetic aging and damage caused by mishandling or improper storage. EXCEPT AS SET FORTH IN THIS SECTION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND GOODS, INCLUDING PHOTOGRAPHS AND VIDEO, PROVIDED HEREUNDER ARE PROVIDED “AS-IS”, WITHOUT ANY WARRANTY OF ANY KIND AND EIVAN’S PHOTOGRAPHY INC. HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
23. MODEL RELEASE
In signing the Contract, the Client, individually and as agent for all members of the party and guest, hereby grants to Eivan’s all rights for display, airing, exhibition, promotion, newsletter, contests, and advertising use of all photos and video (if applicable) produced under this Contract, including the images, likenesses and voices, and, on behalf of their legal representatives, heirs and assigns, hereby release(s) Eivan’s and its legal representatives, employees, any of Eivan’s affiliates, and assigns from all claims and liabilities relating to use of said photos or video (and, without limitation, the images, likenesses and voices contained therein). Client waives any right to inspect or approve the photographs or video or the use to which it may be applied, including any written copy that may appear in connection therewith.
24. THIRD PARTY LIABILITY
In no event shall Eivan’s nor any of its third-party servicer’s be held liable to Client or Client’s venue for any unintentional, indirect, incidental, special or consequential damages of any kind. To the fullest extent permitted by applicable law, under all circumstances, the liability of Eivan’s and its third-party servicer’s is limited to a pro rata refund of amounts paid by Client under this Contract.
25. AUTHORIZATION TO SELL TO THIRD PARTIES
Client hereby authorizes Eivan’s to sell any photos, prints, or media deliverables of the event to third parties, including, but not limited to, guests at the event or family members of the Client. Client shall not be responsible for payment of the price of the photos, prints, or media deliverables sold to third parties.
26. WAIVER OF RESPONSIBILITY FOR PRINTS, DIGITAL FILES, DVD/BLU-RAYS
Eivan’s shall assume no responsibility for loss or the destruction of the Digital Files, prints, Film/CD’s/DVD’s/Blu-Ray Discs, or flash drives when they are out of Eivan’s possession. Due to the potential loss of information from Film/CD’s/DVD’s/Blu-Ray Discs or flash drives, Eivan’s recommends the Client back up their images on another media format other than Film/CD’s/DVD’s/Blu-Ray Discs or flash drives and recommends that the Client make multiple copies of Film/CD’s/DVD’s/Blu-Ray Discs or flash drives every year to insure images for years to come. Eivan’s will not be held responsible for the failure of Film/CD’s/DVD’s/Blu-Ray Discs or flash drives due to mishandling. It is the Client’s responsibility to keep several copies of any Film/CD’s/DVD’s/Blu-Ray Discs or flash drives in more than one location, and back the images up on another format such as a hard drive.
27. CREATIVE EDITING CONTROL
Eivan’s shall have sole discretion as to the recording and inclusion of any portions of the event in the Edited Master Digital Files, DVD or Blu-Ray Disc (if included in Client’s package), and shall have no liability or reduction in fees for the failure to record or include any portion of the event in the Edited Master Digital Files, DVD or Blu-Ray Disc. Images are edited at Eivan’s discretion, and delivered proofs may not include all images shot. Eivan’s reserves the creative right to edit and release only those deemed credible as professional in quality and within Eivan’s artistic standards. Every effort will be made to assure satisfaction according to Eivan’s professional standards. Eivan’s will not be held responsible for the Client or any third party’s subjective interpretations of photography or videography.
28. LEGAL RIGHTS AND LICENSES FOR DVD/BLU-RAY DISC
In the event that Client’s package includes videography services, Client warrants that they have the legal right and have acquired any required licenses to any property delivered to Eivan’s for inclusion in the Client’s Digital Files, DVD or Blu-Ray Disc, including photos, musical recordings, videotapes, or any other materials. The Client’s agrees to defend, indemnify and hold Eivan’s and its third party services harmless for any loss, damage, or liability for infringement of any rights arising from the use or sales of Digital Files, Film, DVDs or Blu-Ray Discs the Client hired Eivan’s to produce, edit, or duplicate.
29. REQUESTED CHANGES TO EDITED VIDEO
(a) In the event that Client’s package includes videography services, Client may request changes to the Edited Video within fourteen (14) days after email delivery by Eivan’s. Eivan’s agrees to perform one hour of complimentary editing of the Edited Video as requested by the Client. Additional editing time will be billed to the Client in half-hour increments at the current billing rate of $60 per half-hour. If no changes are requested within this fourteen (14) day period, the Client confirm that the video is in good working order, and admits that they are fully satisfied with the video, and accept the video as delivered and relieves Eivan’s from responsibility for any problems, defects, or imperfections thereafter.
(b) The client will have 14 days to download the final edited/approved photo/video materials. after this allotted timeframe, materials will be archived or set for deletion. The client must pay an unarchiving fee to access the material if not deleted. Unarchiving fee page can be found here: https://store.eivans.com/product/un-archiving-fee/
30. CUSTOM PORTRAIT ALBUMS
The Client acknowledges that in order for Eivan’s to create a custom album design and to complete other products ordered by Client, it is necessary for the Client to provide Eivan’s with design instructions, feedback, and final album approval, if included in the purchased package. Eivan’s will make a reasonable attempt to obtain Client’s instructions, feedback and approval of the album design and other products that require Client feedback. If Client is unresponsive to Eivan’s attempts to obtain Client’s instructions, feedback and approval regarding the album or other products, Client and Eivan’s will consider Eivan’s obligations under this Contract to be complete and such album order or other product order shall be cancelled. In such an event, Eivan’s will retain all payments made by Client but will issue a credit to Client for the amount of the album or other product, which credit can be used by Client toward the purchase of a new album or other product at the then current pricing subject to availability. If Client purchases a new album or other product at that time, Eivan’s reserves the right to charge an un-archiving fee to Client if Client does not provide package selections within 120 days of event date. Unarchiving fee page can be found here: https://store.eivans.com/product/un-archiving-fee/
31. PORTRAIT ALBUM CHANGES
All print and album orders are considered non-refundable custom orders. Normal pick-up of the completed album production is 16 to 36 weeks after the event expiration from website or album approval if included in the purchased package. The cost of album design stated herein (if included in the purchased package) includes fifteen (15) individual changes requested by the Client, which include but are not limited to, swapping images, adding or deleting images, arranging individual images, changing options, colors or text. The Client will be charged $50 (plus applicable tax) per change for any change beyond these fifteen (15) changes.
32. TIME FRAME OF RECEIPT OF FINAL PROOFS AFTER EVENT
Normal posting of the Client’s proofs on Eivan’s website is roughly 3 to 10 weeks and normal delivery of the Client’s purchased package is within sixteen (16) to thirty six (36) weeks of the event. This delivery schedule is only approximate, and depends on various factors, including but not limited to, the Client’s provision of production materials for inclusion in the Digital Files, Film, DVD or Blu-Ray Disc. Eivan’s makes no guarantee of any delivery date and reserves the right, within its sole discretion to extend the delivery schedule, as necessary for proper completion of the event proofs, Digital Files, Film, DVD or Blu-Ray Disc, without any reduction in fees or other obligations of the Client hereunder.
33. PICK-UP COMPLETED WEDDING PACKAGE/CONTRACTED PRODUCTS
Upon the end of the scheduled event viewing period on Eivan’s website, Client will receive an email from Eivan’s with instructions on how to receive the completed contracted products. Client agrees that upon receipt of their Eivan’s contracted products or items, they waive their right to bring any further complaints or issues regarding the contracted products. EIVAN’S RETAINS THE RIGHT TO REQUEST PHOTO IDENTIFICATION PRIOR TO THE RELEASE OF ANY PRODUCTS, FOR IDENTITY VERIFICATION PURPOSES.
34. PACKAGE AND REPRINT ORDERS
All package selections and reprint orders must be returned to Eivan’s no later than 90 days after the wedding date. If any package selection and reprint requests are not requested within 90 days after the wedding date the material will be archived. The client must pay an unarchiving fee to access the material if not deleted. Unarchiving fee page can be found here: https://store.eivans.com/product/un-archiving-fee/
35. SHIPPING AND HANDLING COSTS
Client understands that they are responsible for all shipping and handling costs. Such shipping and handling costs are determined by the items included in the Contract and subsequently ordered by the Client. The estimated shipping and handling amount will be, but is not limited to $50.00 to $250.00 and covers standard ground shipping to one address within the continental US for any of the following items ordered on page one: albums, canvas prints, frames, digital negatives, guest books, greeting cards, signature boards, event cards and Film, DVD’s or Blu-Ray Discs. If the actual shipping and handling costs exceed the stated amount if collected at the time of the Contract execution, the Client will be billed for any excess shipping and handling amounts at the time of shipping. Any additional items ordered later will incur separate additional shipping and handling costs. Client agrees that expedited shipping requests will also incur an additional charge.
36. ENGAGEMENT PHOTO SESSION
It shall be the responsibility of Client to contact Eivan’s to schedule a mutually agreeable date and time for a portrait session, at least three weeks prior to the proposed portrait date. Cancellation or rescheduling of an on-location portrait session within 5 days of the scheduled date will result in the loss of the on-location portrait session with no reduction in fees. On-location portraits choice of site must include an alternative site to accommodate inclement weather. Inclement weather is not a legitimate reason for the cancellation of an on-location portrait. THE SESSION CANNOT BE SCHEDULED UNLESS TOTAL PACKAGE BALANCE IS PAID IN FULL. CLIENT MUST COMPLETE PRE-WEDDING SESSION QUESTIONNAIRE & PROVIDE AT LEAST 4-6 POSSIBLE DATES WITH AT LEAST 3 WEEKS NOTICE AND CANNOT BE SCHEDULED ON FRIDAY, SATURDAY OR SUNDAY. ADDITIONAL CHARGES MAY APPLY IF SESSION LOCATION IS OVER 30 MILES FROM EIVAN’S SERVICE AREA (i.e. major metropolitan city).
37. MEDIA DELIVERY AND CONTENT DELETION POLICY
After the event, Eivan’s will provide the Client with access to their photography and/or video package times per their purchased package as follows:
A. Delivery and Proofing Period:
Wedding/Event Photos:
The Client will be given approximately ninety (90) days from the date of access to their private online photo gallery to review and proof their wedding/event photos (the “Proofing Period”). The Proofing Period may differ based on the purchased package. After the Proofing Period, the Client will receive an email instructing them to complete the Image Approval Form (if the edited image files are included in their purchased package) . Upon completion of the Image Approval Form within the allotted timeframe, the Client will receive a download link for all edited wedding/event photos If included in their purchased package and must download within the specified timeframe on the download link email.
Wedding/Event Film:
The Client will receive a link to view their edited wedding film. The Client must submit a Film Approval Form to confirm their satisfaction or complete a Video Revision Form to request changes within the allotted timeframe specified on the video ready email. If revisions are requested, Eivan’s will make the necessary changes and then prompt the Client to complete the Film Approval Form. Upon approval, the Client will receive a download link for the final film.
B. Timeframe for Approval and Download:
The Client has fourteen (14) days from the date they receive the download link for their photos and/or film to download the media. It is the Client’s responsibility to download and securely store the media within this timeframe. If the Client does not download the media within the 14-day period, the content will be archived for an additional 14 days and then deleted from our servers.
C. Failure to Respond:
If the Client fails to respond to the email requesting submission of the Image Approval Form or Film Approval Form within fourteen (14) days of receiving the request, Eivan’s reserves the right to consider the media as accepted and approved by default. After this period, the media will be archived for an additional 14 days and then deleted from our servers.
D. Deletion of Content:
Due to the high costs of storage, both cloud and local, Eivan’s cannot indefinitely archive event photos or films. If the Client has not downloaded their approved media within the provided timeframe or fails to respond to the approval request, Eivan’s will not be held liable for the deletion of the photo or video content. Once deleted, the media cannot be recovered, and Eivan’s will not be responsible for any claims arising from the Client’s failure to download or respond.
E. Re-Requests for Deleted Content:
Clients who contact Eivan’s after the photos or film have been deleted from our servers due to non-response or failure to download within the provided timeframe will not be able to recover the deleted content. Any re-requests for the media will be subject to Eivan’s current policy and fees and may not be fulfilled if the content has already been permanently deleted.
38. BREACH OF CONTRACT
You and Eivan’s agree that any dispute, claim, or controversy arising out of or relating in any way to Eivan’s, these Terms and Conditions shall be brought in Will County, State of Illinois. If Client breaches this Contract (including, without limitation, due to Client’s failure to make timely payment hereunder), Client shall be required to reimburse Eivan’s Photo, Inc. and its affiliates’ costs and reasonable attorneys’ fees incurred in the enforcement of this agreement. Except for those suits filed by Eivan’s Photo, Inc. to collect payments due from Client hereunder, (as listed below in 37 (b)) any dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof, If Eivan’s is the prevailing party, Eivan’s shall be awarded all of the filing fees and related administrative costs, reasonable attorney’s fees, administrative and other costs of enforcing an award, including but not limited to the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney’s fees, and similar costs related to collecting an award, will be added to, and become a part of, the amount due pursuant to this agreement. This agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of law’s provisions. Any award shall be final, binding, and enforceable by a court. Client and Eivan’s Photo, Inc. hereby consent to the exclusive jurisdiction of the courts located in the Circuit Court of Will County, Illinois.
(B) Civil Lawsuit. Eivan’s may file a lawsuit in a court of competent jurisdiction in order to collect payments due from Client pursuant to this contract. If Client breaches this Contract (including, without limitation, due to Client’s failure to make timely payment), Client shall be required to reimburse Eivan’s and its affiliates’ costs and reasonable fees incurred in the enforcement of this Contract. In any case, should Eivan’s file a civil lawsuit, THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS CONTRACT SHALL BE IN EACH CLIENT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. CLIENT AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW; (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) IF EIVANS’ IS THE PREVAILING PARTY, EIVAN’S SHALL INCLUDE BUT NOT LIMITED TO ALL OF THE FILING FEES AND RELATED ADMINISTRATIVE COSTS, REASONABLE ATTORNEY’S FEES, ADMINISTRATIVE AND OTHER COSTS OF ENFORCING THIS AGREEMENT, INCLUDING THE COSTS OF SUBPOENAS, DEPOSITIONS, TRANSCRIPTS AND THE LIKE, WITNESS FEES, PAYMENT OF REASONABLE ATTORNEY’S FEES, AND SIMILAR COSTS RELATED TO COLLECTING AN AWARD, WILL BE ADDED TO, AND BECOME A PART OF, THE AMOUNT DUE PURSUANT TO THIS AGREEMENT.
BY EXECUTING THIS AGREEMENT, CLIENT AGREES TO SUBMIT TO THE JURISDICTION OF ILLINOIS COURTS, SPECIFICALLY COURTS LOCATED IN THE CIRCUIT COURT OF WILL COUNTY, ILLINOIS.
CLIENT FURTHER AGREES THAT IN THE EVENT OF A LAWSUIT IN WHICH THE CLIENT IS THE PREVAILING PARTY, CLIENT DAMAGES ARE LIMITED TO ONLY THE SUM OF MONEY TENDERED BY CLIENT TO EIVAN’S.
39. ASSIGNABILITY AND PARTIES OF INTEREST
Except as otherwise provided herein, the terms and conditions of this Contract shall insure to the benefit of and be binding upon the respective successors and assigns of the parties. Nothing in this Contract, express or implied, will confer upon any person or entity not a party to this Contract or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of this Contract, except as expressly provided in this Contract.
40. AMENDMENTS AND WAIVER
This Contract and each provision hereof may be amended, modified, supplemented or waived only by a written document specifically identifying this Contract and duly executed by each party hereto or the authorized representative of such party. Except as expressly provided in this Contract, no course of dealing between the parties hereto and no delay in exercising any right, power or remedy conferred hereby or now or hereafter existing in law, in equity, by statute or otherwise, shall operate as a waiver of, or otherwise prejudice, any such rights, power or remedy.
41. INDEMNIFICATION PROVISION
Client agrees to indemnify and hold harmless Eivan’s from any loss, damage or liability resulting from Client’s violation of the terms of this Contract or any contract or agreement involving Client and Eivan’s. Additionally, Client shall indemnify Eivan’s and hold them harmless from and against any claims by any other person or entity resulting from the performance of his services under this Contract.
42. SEVERABILITY PROVISION
In the event any provision of this Contract shall be declared invalid or unenforceable by a court of competent jurisdiction, such provision or term of such contract shall be amended and interpreted to accomplish the objects of such provision to the fullest extent possible under applicable law and all other provisions and terms shall remain valid and binding. Eivan’s waiver of any breach or failure to enforce any term of this Contract will not be deemed a waiver of any subsequent breach or right to enforce this Contract, which may thereafter occur. This Contract contains the complete and exclusive agreement of the Client and Eivan’s relative to the subject matter hereof and supersedes all prior or contemporaneous understandings and agreements relative to the subject matter hereof.
43. COPYRIGHT POLICY
All photography and video digital files remain the property of Eivan’s and are subject to federal copyright laws. It is illegal to copy or reproduce any photographs taken by Eivan’s elsewhere without Eivan’s permission. Violators of this Federal Law will be subject to its civil and criminal penalties. All photographs, whether on Eivan’s store website, official website, any social media pages, or any galleries provided to the Client, including all watermarked photographs, potential proofs and purchased prints, are copyrighted. Reproduction of any image by any means, including copying, re-printing, screen captures, and any other means of photograph reproduction are strictly prohibited and are a violation of copyright law. Prints/images for publication (such as editorial, public relations or advertising use) require prior written consent from Eivan’s. It is illegal to post any of Eivan’s work on the Internet, blogs, and social networking sites, without the express permission of Eivan’s. The only exception to this is if you have received written permission from Eivan’s. Should Client, or any third party in connection to Client, use any digital photographs for any of the above prohibited purposes, Client and third party may be liable for damages for copyright infringement.
44. COUNTERPARTS
This Agreement may be executed in counterparts. The execution of a signature page by Client (both client 1 and client 2) is sufficient by checking the boxes on the Quote and clicking “Accept” and/or “Proceed”, Client hereby accepts all terms and conditions of this contract. This Contract shall be binding on each party upon the date of signature, electronic or written, if each party executes such counterpart.
45. CHANGES TO TERMS & CONDITIONS
Eivan’s reserves the right to, from time to time, in Eivan’s sole discretion, amend these Terms & Conditions within this Contract. By visiting any of our Website Pages, you are signifying your assent to these Terms and our Privacy Policy, which is incorporated herein by reference. Any products ordered or services used through any of our Sites are also governed by these Terms. You can determine the date these Terms & Conditions were last amended and updated by referring to the modification date shown below. YOUR CONTINUED USE OF ANY OF THESE SITES AFTER WE POST SUCH CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING PRODUCTS OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU. Should there be no communication after any amendments are made, these Terms & Conditions will apply only to those orders/services placed on or after the applicable modification date. It is your responsibility to review the Terms & Conditions before submitting each order or requesting a new service.
46. CLAUSE HEADINGS
The clause headings in this Contract are for reference only and do not form a part of this Contract.
47. ENTIRE AGREEMENT
This Contract constitutes a single integrated contract expressing the entire agreement of the Client and Eivan’s with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.
Note: Client bookings prior to April 24, 2020, can view previous terms listed at the following url https://www.eivans.com/terms-of-service_a/. Clients bookings between April 24, 2020 – July 09, 2021 can view previous terms listed at the following url https://www.eivans.com/terms-of-service_b/.
Last revised on March 20th, 2023