Terms & Conditions

Agreement to Terms

By engaging Glenn Guiao Photography (operating as Pink Penguin Studios) for photography services, you agree to be bound by these Terms and Conditions. These terms constitute the entire agreement between the parties and supersede all prior agreements and understandings.

Engagement of Photographer

Services

Pink Penguin Studios provides professional wedding photography services. Subject to the terms herein, the photographer agrees to provide photography services as described in the service agreement, which may include:

• Full day wedding coverage (up to 10 hours)
• Engagement session
• Second photographer
• Rehearsal dinner coverage
• Signature edited photos delivered via online gallery
• Unlimited downloads of final images

Exclusivity

Client acknowledges and agrees that the photographer will be the exclusive provider of professional photography services in coverage of the wedding, unless otherwise agreed to by the parties in writing.

Fees and Deposit

Payment Terms

Client will pay the photographer the fees set out in the service agreement, including any applicable federal or state sales taxes. The photographer will issue an invoice upon agreement of services.

Non-Refundable Deposit

Client acknowledges and agrees that the deposit amount is due upon signing of the service agreement and is not refundable. This fairly compensates the photographer for committing their time to provide services and turning down other potential projects or clients. The deposit will be credited towards the total fees payable by client.

Late Payments

Any payment after the due date will incur a late fee of 7% per month on the outstanding balance.

Cancellation and Rescheduling

Minimum Notice

Client may cancel or reschedule services by providing written notice no later than 90 days before the original wedding date. Client acknowledges that they are not relieved of any payment obligations for cancellations and rescheduling unless this minimum notice is provided or unless the parties otherwise agree in writing.

No Refund Policy

Client acknowledges and agrees that cancellation will not result in a refund of any fees paid on or prior to the date of cancellation.

Rescheduling Accommodation

In the event of rescheduling, the photographer will use commercially reasonable efforts to accommodate the change. If the photographer is unable to accommodate the new date despite reasonable efforts, such rescheduling will be deemed as cancellation by client, and the photographer will be under no obligation to perform services other than on the original wedding date.

Artistic Release and Style

Consistency with Portfolio

The photographer will use reasonable efforts to ensure that services are produced in a style consistent with the photographer's current portfolio, and will use reasonable efforts to consult with client and incorporate any reasonable suggestions.

Artistic Judgment

Client acknowledges and agrees that:

• Client has reviewed the photographer's previous work and portfolio and has a reasonable expectation that the photographer will perform services in a similar style
• The photographer will use artistic judgment when providing services, and shall have final say regarding aesthetic judgment and artistic quality
• Disagreement with the photographer's aesthetic judgment or artistic ability are not valid reasons for termination of this agreement or request of any monies returned

Ownership of Work Product

Photographer Copyright

The photographer will own all right, title and interest in all work product and images. Client (on behalf of itself and any attendees at the wedding) hereby grants the photographer and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by client or attendees during the performance of services that may be protected by copyright or intellectual property rights as part of any work product or in connection with the marketing, advertising or promotion of the photographer's services, including in connection with the photographer's studio, portfolio, website or social media, in any format or medium.

Limited License to Client

The photographer grants client an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use work product for client's personal use, provided that client does not remove any attribution notices or copyright notices included by the photographer in any work product.

"Personal Use" includes, but is not limited to:

• Photos on client's personal social media pages or profiles
• Personal creations such as scrapbooks, albums or personal gifts
• Non-commercial physical display
• Personal communications such as family newsletters, email, or holiday cards

Client will not make any other use of work product without the photographer's prior written consent, including but not limited to use of work product for commercial sale.

Client Responsibilities

Required Consents

Client will ensure that all required consents, as applicable, have been obtained prior to performance of services, including any consents required for the performance of services and the delivery of work product by the photographer and, as applicable, from venues or locales where services are to be performed or from attendees of the wedding.

Travel Expenses

Client will provide the means of travel or be responsible for reasonable travel expenses incurred by the photographer that are necessary for the performance of services or travel that is otherwise requested by client where the location of the performance of services is not in the photographer's home city.

Meals

When the number of hours that the photographer will be providing services is expected to be in excess of 4 hours in duration, client will provide a meal for the photographer and photography staff (employees, assistants or other parties engaged by the photographer to assist with services), or be responsible for reasonable meal expenses incurred for which the photographer shall provide an invoice.

Waiver

Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the services) hereby waives all rights and claims, and releases the photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of images pursuant to this agreement.

Photographer Responsibilities

Equipment

Client will not be required to supply any photography equipment to the photographer.

Manner of Service

The photographer will ensure that services are performed in a good, expedient, workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with client's activities.

Photography Staff

The photographer will ensure that all photography staff (employees, assistants or other parties engaged by the photographer to assist with services):

• Comply with the reasonable directions of client from time to time regarding the safety of attendees at the wedding and applicable health, safety and security requirements
• Ensure that work product meets the specifications set out in the service agreement in all material respects

The photographer will be responsible in every respect for the actions of all photography staff.

Indemnity and Limitation of Liability

Indemnification

Client agrees to indemnify, defend and hold harmless the photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the services and/or work product the photographer provides to client.

Force Majeure

Neither party shall be held in breach of or liable under this agreement for any delay or non-performance of any provision caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party. The time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such force majeure event persists for more than 60 days, the party not affected may terminate the agreement and any prepaid fees for services not performed (other than the deposit) shall be returned within 15 days of the date of termination.

Failure to Deliver

The photographer shall not be held liable for delays in the delivery of work product, or any work product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of the photographer (including as a result of delays in receipt of instructions from client) and for work product that fails to meet specifications due to the actions of client or attendees at the wedding that are beyond the control of the photographer (e.g., camera flashes).

Maximum Liability

Notwithstanding anything to the contrary, client agrees that the photographer's maximum liability arising out of or related to the services or the work product shall not exceed the total fees payable under the service agreement.

Photographer Replacement

In the event that the photographer is unable to perform services, the photographer, subject to client's consent (which is not to be reasonably withheld), shall cause a replacement photographer to perform the services in accordance with the terms of this agreement. In the event that such consent is not obtained, the photographer shall terminate this agreement and shall return the deposit and all fees paid by client, and thereafter shall have no further liability to client.

General Provisions

Notice

Parties shall provide effective notice to each other via email at the addresses provided in the service agreement, at the date and time which the notice is sent.

Governing Law

This agreement will be governed by the laws of North Carolina.

Amendment

This agreement may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.

Entire Agreement

This agreement constitutes the entire agreement between the parties with respect to the services and supersedes all prior agreements and understandings both formal and informal.

Severability

If any provision of this agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this agreement and the remaining part of such provision and all other provisions will continue in full force and effect.

Contact Information

If you have any questions about these Terms and Conditions, please contact us: