Terms of Service
Agreements and Payments – The signing of this contract (or submission of this website form) constitutes an agreement, between EVOKE Photography & Video, Inc, hereby referred to as “EVOKE” and Bride and Groom for wedding photographs/video to be taken at the stated date(s) and time(s) and location(s). For this reason, if the client chooses to cancel the event anytime after the effective date all payments are non-refundable, non-transferable and no credit will be issued for paid portion. 100% of total package and/or added services are due prior to event date. The order or any portion of the order shall not be given to the client until client’s balance is paid in full (or there are no outstanding invoices). Any payments made past due date may incur late fees. The sale is considered to be final and non-refundable once the photographs and/or video are taken into client’s private possession.
Production and Editorial Control – Client hereby grants EVOKE carte blanche (sole discretion) with respect to all services rendered in conjunction with this agreement including but not limited to photography /video services, album design, and video editing. Although EVOKE will make the best attempt possible to capture all of your desired wedding photographs/video, no specific event, moment, family group, or image or is ever guaranteed to be captured or captured in its entirety. Client is not guaranteed to receive “requested photographer and/or videographer” on event date. EVOKE reserves the right to substitute “requested photographer and/or videographer” with a photographer and/or videographer of our selection, for any reason at our discretion. If something occurred at the wedding that the Client does not want to appear on the videotape /online gallery, Client must instruct EVOKE in writing within seven days preceding the event date. All images produced by EVOKE will have a general review and edit including, but not limited to color and density adjustments, cropping etc. at the discretion of EVOKE. No specific file size or type is guaranteed. Additional editing/touchups must be requested by the client at time of placing order, which may be subject to additional fees as quoted by EVOKE. Client grants EVOKE full discretion to select images and design Fusion Album layouts. Album order fulfilment is to be completed within 60 days of contracted event date. Any additional round of editing requests post printing on the same image will incur reprint and editing fees. Any editing changes to the wedding video must be requested in writing within five days of delivery of online video gallery. After six days from delivery, the Studio is not liable for any change request or errors. Changes and client requests are billed at a rate of $135 per hour for editing labor and duplication fees. Allow an additional 10-12 weeks for reedits.
Exclusive Rights – It is understood that EVOKE is the exclusive official photographer / videographer retained to perform the services requested on this contract. All photography images and video footage remain the exclusive property of EVOKE. In signing this contract, Client is acting as an agent for all persons in attendance at the event and grants EVOKE all rights, included but not limited to: display, broadcast, exhibition, promotion, and advertising use of all images / video produced under this contract without notice or compensation to client or any person at the event. Client additionally agrees to provide general notice to all guests and service providers that the event will be photographed / videotaped. With this notice, and by virtue of their attendance, all guests and service providers acknowledge and give EVOKE permission for the use of their images / video for reasons outlined above. Furthermore, if client purchases or client’s package includes rights to photo files, then EVOKE and Client will share the legal rights to the purchased portion. Client agrees to indemnify and hold the Studio harmless for any loss, damage, or liability for infringement of any rights arising from the use of photos or video. Client assumes all responsibility for obtaining any necessary permission, clearance permits, access to, hook-up fees and admission which may be required to photography / video the event.
Portrait Sessions, Online Postings & Album Fulfillment – Bridal & Engagement Sessions are one hour long and scheduled Monday thru Friday during business hours for studio and vary according to lighting for location sessions. Some locations (i.e Galveston, Woodlands) will have travel fees and scheduling limitations. Sessions are scheduled for one hour, session overtime is $125/hr per location if needed. Wedding images will be posted online and available for ordering for 30 days. Album order fulfilment is to be completed within 60 days of contracted event date. Included Fusion Wedding Album will expire if not redeemed by client within 60 days.
Associated Media – 60 days after delivery of your video, the original / edited footage and any associated digital media created as a result of this contract will be removed permanently from all storage devices. 60 days after delivery of your photos, photography originals and edited images / album design or any associated digital media created as a result of this contract, will be removed permanently from all digital storage devices.
Limited Liability – In the event that EVOKE cannot perform, present to this agreement for any reason, including but not limited to camera / video camera malfunction, post production mistakes or disaster, no show at event, act of god, or any other reason, EVOKE shall return the paid portion of the contract to the Client but shall have no further liability with respect to the agreement. In no situation will EVOKE be held financially liable in excess of contract amount. Additionally, this agreement is subject to binding arbitration. In the event of a dispute between the parties relating to this agreement, the parties or their representatives will discuss promptly to resolve the dispute amicably. Neither party shall have the right to bring the suit to court.
All-Inclusive – This agreement incorporates the entire understanding of the parties. Client stipulates that they did not rely on anything other than the wording of this contract to enter into this binding agreement. Any modifications of this agreement must be in writing and signed by both parties. EVOKE makes no warranties, expressed or implied, with respect to the work or property that is the subject matter of this contract.