1. Purpose of the Agreement: Client hires Company to provide services relating to Client’s your wedding date(s) (the “Event”) as detailed in this Agreement. Company has agreed to provide such services according to the terms and conditions set forth in this Agreement

2. Deposit: A non-refundable retainer consisting of half of Client’s wedding package rate (the “Deposit”) is required to reserve the Event. This is done via email invoice that can be paid with a credit or debit card, or via ACH payment. By booking the Event, Client is reserving those date(s); consequently, Company will turn down others who inquire for those date(s) after you have booked. Client agrees that the Deposit fairly compensates the Company for committing to provide the Services and turn-down other potential projects/clients. For this reason, the Deposit is non-refundable. Booking is not considered complete until the Deposit has been paid. If Client downgrades his/her package later, the Deposit for any/all cancelled are transferable to the final payment, minus a 10% administrative fee.

3. Contact: Client will be contacted by Cherished Memories Studio Wedding Coordinator within one (1) week of booking to review general details of the Event; and establish communication expectations for the duration of time between booking and the event taking place. Wedding Coordinator, If Client is not contacted by his/her Client may contact Company’s wedding coordinator after the one (1) week period at: contact@cherished-memories.studio Client will also be contacted by Photographer and/or Videographer at least two (2) months prior to first event. If the duration between booking and first event is less than two (2) months Client will be contacted by the Photographer and/or Videographer, the “Team Member”, within two (2) weeks of booking. Client must confirm with his/her Team Member(s) at least forty-eight (48) hours prior to the Event (including engagements, bridals, wedding day, etc). Client’s Team Member(s) are subject to change at any time. If Client does not have contact information for his/her Team Member(s), Client may contact customer service at the email above.

4. Style: Company has developed a unique style of video/photo. For video, Company generally captures highlight footage (short clips sequenced together and put to music). Unless Client’s package includes audio, Company captures live audio with a separate recording device but now with a camera. If audio quality was jeopardized for some reason the Company holds the right to request a post event staged recording from the Client. Company does not accommodate all special requests regarding style; however, Client’s Team Member(s) capture the Event—and Company has editorial control of the finished product. There will always be variations in content as light, clients, atmosphere, climate, and location are always different. Company advises against referring Client’s Team Members to specific work of others as it hinders Company’s creative process. Prior to the Event, Client may discuss preference with his/her Team Member(s) before the content is captured at the Event.

5. Music Choice: Any use of copyrighted material without permission is, according to U.S. copyright law, copyright infringement. In order to align with the said laws, the Client may select music for his/her video from the following two (2) websites: fyrfly.com, or audiio.com. Please note that premium songs on Fyrfly cost $39 each. If you select a premium song, indicated by a pink P, you will receive an email with an invoice for the cost of the license(s). This is not our fee; it is paid directly to the artist for the right to use his or her song. For more information about how to select song(s), refer to the Cherished Memories Studio wedding guide (the “Wedding Guide”).

6. Duration: The finished video will be between 6-10 minutes in length depending on purchased package (See Services Included section below. The length of the songs determines the length of the video to a degree). While the cameras Company uses fulfill all intended purposes, certain cameras can overheat after continuous recording for an extended period. If Client desires for a specific segment of the Event to be captured from start to finish, such as a speech or dance, Client must discuss this with his/her Team Member(s) prior to the Event.

7. Meal Breaks: For every 5 hours of coverage Team Member(s) are required to take at least a half-hour break for meals (one hour for 8 hours of coverage, e.g. between your wedding ceremony and wedding reception). This does not include travel time. This break can be substituted by a meal provided at either Client’s wedding luncheon or reception. Breaks cannot be utilized to divide a Team Member’s time into multiple periods; he/she is scheduled for a period of time for the Event (e.g, ceremony coverage and for reception coverage).

8. Payment: Company will email an invoice for the final payment (the “Final Payment”) to Client at the time Client books the Event. Final Payment for services is due no later than seven (7) days before the day of the Event. If Client fails to pay the Final Payment prior to seven (7) days before the Event, Team Member(s) will not be present at the Event whatsoever. Client may pay the Final Payment any time after booking (and before the seven (7) days before the Event). Any extra hour(s) and/or travel fees decided upon on the day of the event will be collected by Team Member(s) either at the Event or after as agreed to by Client and Team Member(s).

9. Wedding Day: Client’s Team Member(s) will be at the venue fifteen (15) minutes early before the ceremony begins, or at the time team Member(s) and Client agree upon. Client may add extra time if the Team Member(s) are available at the rate of $250 per hour per Team Member, and will be invoiced by Company

10. Video/Photo Delivery: Client’s video and/or photographs will be transmitted to Client via email within thirty (30) calendar days after the Event. Be advised during periods of high volume, this may take longer than 30 days, but no longer than 60 days. Client may contact his/her Wedding Coordinator for information regarding turnaround. Company’s wedding packages come with one (1) complimentary video and photograph re-edit. If Client determines that any photograph or portion of video requires a re-edit, change, or adjustment, Client is required to send an email to the Company detailing his/her requests to contact@cherished-memories.studio. After Client’s complimentary edit, any/all additional edits will be charged $75 per edit. All edits must be made within two (2) weeks of the video/photograph gallery being sent to Client via email. The client’s final video will be available for viewing and sharing via YouTube and for digital download via Dropbox (Or a similar digital service), and the links will be emailed to the Client for sharing with third parties and the client’s final photographs will be available for viewing, sharing, and download via Pixie set, which will be hosted for at least ninety (90) days. All RAW files will be deleted thereafter. The client receives all printing rights to his/her photographs. By signing this Agreement, the Client provides an irrevocable unlimited license of the creative rights to Company to use any/all photographs or video footage in Company portfolios both online and offline for marketing purposes.

11. Video/Photo Posting: Company provides Client with a final digital file of the Event for Client to upload for use in social media. Company does not include watermarks on any photographs or videos.

12. Raw Footage: Upon request via email (contact@cherished-memories.studio) within seven (7) days of the Event, Company can provide the Client with raw video footage for a one-time fee of $150 or free with the Signature Add-On. The footage is uploaded to Company’s online cloud where the Client is provided an access link to download any/all portions. The client's RAW video footage will be hosted for at least ninety (90) days. All the RAW files will be deleted thereafter. The client is hereby advised that all video is taken in high definition so the files are very large. The company does not provide raw photo files without exception.

13. Technology Failure: It is extremely unlikely for anything to go wrong, but it is possible to experience technical issues with equipment when shooting/filming the Event. This could include SD cards breaking, cameras overheating, malfunctions, or equipment theft. Client agrees Company and Client’s Team Member(s) are not responsible for technology failures of any kind that may happen during or after the Event.

14. Weather/Traffic Conditions: In the case that weather or traffic causes an issue, Client agrees Company and/or Team Member(s) are not responsible. Company policy and practice is to always leave more than adequate time for travel, and Team Member(s) will work in inclement weather as long as it does not pose a risk of safety to Team Member(s) and/or equipment. If, because of these conditions, Team Member(s) do not attend the Event, Client will not be charged for that specific Event. Client will still be charged for other Events that have already been filmed/shot.

15. Date Change/Cancellation: If Client decides to change date(s) for any reason, he/she must contact Company first to ensure availability for new date(s). If Client does not contact Company to make sure Company has availability before changing the date(s), there is no guarantee Company will be available for the Event. There is no fee to change the date(s) within the time period when date changes are permitted. If Client cancels altogether, the Deposit is non-refundable, but Client is not charged the Final Payment. Client is charged, however, for any/all services already provided (e.g. bridal photographs).

16. Travel Fees: Local sessions and weddings in our base locations: Orlando, Jacksonville, Miami, Palm Beach, Naples, Tallahassee, or Tampa do not have travel fees. Travel fees may apply for locations more than thirty (30) miles from our base locations, at the rate of $0.50 per mile, one way, per Team Member(s).

17. Out-Of-State Travel Fees: Travel fees for any out-of-state Events are based on the lowest cost flights, hotel, and transportation (within reason) Company is able to find the location. If the Event schedule changes or expands, Client may be subject to extra travel fees to compensate for the extra days/time.

18. Gap Hours: Should the client opt not to utilize the team for active shooting during specific hours, the company will impose a fee of $40 per hour for gap hours. These charges will be clearly outlined and added to the subsequent invoice for transparency and mutual understanding.

19. Punctuality: The Parties agree timing and light are extremely important for photography and videography. Client agrees to be ready to go at a location by the time scheduled to begin with your Team Member(s). An overtime charge of $250 per hour per Team Member(s) applies if Client is late to a shoot and/or the shoot goes over-time and will be invoiced by the Team Member(s). Team Member(s) cannot guarantee his/her availability for over-time on any type of session.

20. Locations; Circumstances: Client agrees and understands every lighting, location, climate, and circumstance at a shoot is different. While variation always exists, Company agrees to provide a consistent style and quality of photography and video for Client.

21. Team Members: Client requests (if any) for specific Team Member(s) to cover an Event may be granted but Company does not make any guarantees. Client understands and agrees all Team Member(s) are highly trained, conduct themselves professionally, and will provide Client with professional service and product. Assigned Team member(s) are subject to change at any time at Company discretion.

22. Artistic Rights: Company retains all rights of discretion in selecting and editing the materials released to Client without exception.

23. Indemnification: Team Member(s) and Company shall be held harmless for any and all injury to Client during the course of the photography and/or videography session and the immediate surrounding Events. We require at least 60 days notice should your vendor require our Certificate of Insurance. Please contact your wedding coordinator (contact@cherished-memories.studio).

24. Sole Photographer/Videographer: Client understands and agrees that Company will act as the sole and exclusive paid wedding photographer and/or videographer. Flashes from guests’ cameras and guests blocking ceremony shots may obscure shots taken by Team Member(s), Client acknowledges that he/she is responsible for notifying all guests that guest photography shall be limited and not at the expense of the professional photographer’s work. Company is not responsible for moments missed or shots ruined due to guests, photographers, and/or videographers hired outside of Company.

25. Waivers: Client expressly waives and releases Company from liability for any claim for personal injury or property damage caused by Company’s and/or Team Member(s). Except as otherwise prohibited by law, Company disclaims and shall not be responsible for any liability for indirect, special, incidental, consequential, exemplary, punitive, stigma and/or loss of enjoyment damages. The obligation of Company specifically stated in this Agreement are given in lieu of any other obligation or responsibility, express or implied, including any representations.

26. Mandatory Arbitration: Any claim, dispute or controversy, regarding any contract, tort, statute or otherwise (“Claim”), arising out of or relating to this Agreement or the relationships among the Parties hereto, shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under its Commercial Arbitration Rules. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class wide/class action basis. If either party prevails in the arbitration of any Claim against the other, the non-prevailing party will reimburse the prevailing party for any fees it paid to the AAA in connection with the arbitration, as well as for any reasonable attorneys' fees incurred by the prevailing party in connection with such arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Any Claim relating to or arising from this Agreement must be brought, held, or otherwise occur in the federal judicial district that includes Dade County, Florida. This arbitration agreement applies to all claims now in existence or that may arise in the future. Any arbitration hearing will take place at a location within the federal judicial of Dade County, Florida.

27. Governing Law: Except for the Mandatory Arbitration provision in Section 25 above, Company and Client agree that this Agreement will be governed by and construed in accordance with the laws of the State of Florida without reference to conflict of law provisions. Company performs services in accordance with all applicable laws. In the event of a change in existing law as it pertains to the services offered by Company to Client, Company reserves the right to unilaterally revise this Agreement.

28. Force Majeure: Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

👉🏿A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or

👉🏿War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

👉🏿Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

29. Failure to Perform Services: In the event Company cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

👉🏿Immediately give Notice to Client; and

👉🏿Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and

👉🏿Excuse Client of any further performance and/or payment obligations in this Agreement.

30. Entire Agreement: Client acknowledges that the only terms and conditions of this Agreement are those stated herein and that there are no other terms, written or oral, or provisions which apply other than those included in this Agreement. If any provisions (or portions thereof) of this Agreement are found to be invalid or unenforceable, it shall not affect the validity or enforceability of any other part of this Agreement.

With my deposit, I am paying the Deposit to reserve video and photography. I acknowledge if I cancel photo/video, I will pay an early termination fee equal to the amount of the deposit for the photo/video. My initial signifies that I have read, understood, and agree.

I acknowledge that the quality of videography and photography can be subjective and that I have reviewed video and pictures from Cherished Memories Studio and approve of Cherished Memories Studio using their creative process expertise to film, photograph, and edit at their sole discretion. My initial signifies that I have read, understood, and agree.