ENTIRE CONTRACT:
This Contract contains the entire understanding between CONTE SOUND PRODUCTIONS and the CLIENT/CLIENT(S) and supersedes all prior and simultaneous Contracts between CONTE SOUND PRODUCTIONS and the CLIENT/CLIENT(S). The only way to add or change this Contract is to do so in writing, with such additions/changes being accepted by CONTE SOUND PRODUCTIONS and the CLIENT/CLIENT(S). In the event that any part of this Contract is found to be invalid or unenforceable, the remainder of this Contract shall remain valid and enforceable. Any agreement to waive one or more provisions of this Contract or any failure by CONTE SOUND PRODUCTIONS and the CLIENT/CLIENT(S) to enforce a provision of this Contract shall not constitute a waiver of any other portion or provision of this Contract.
NON-REFUNDABLE BOOKING FEE/DEPOSIT & CONTRACT TOTAL:
A NON-REFUNDABLE BOOKING FEE/DEPOSIT in the amount of SEVEN HUNDRED FIFTY Dollars ($750.00) is due at the signing of this CONTRACT and can be paid via VENMO by sending us a friend request @KRISTENLCONTE and then paying your deposit as a payment between friends . This will confirm your booking!
No event is considered booked unless the contract and deposit have BOTH been submitted. A 7% Rhode Island State Tax will also be assessed on the CONTRACT TOTAL. The REMAINING BALANCE on the Contract, including the 7% Rhode Island State Tax, shall be PAID IN FULL within sixty (60) days prior to the day of the Event. In the event the CLIENT/CLIENT(S) fails to remit payment as specified, CONTE SOUND PRODUCTIONS shall have the right to immediately terminate this Contract with no further obligation, retain any monies already paid, and not attend the Event.
***If the remaining balance is NOT paid in full SIXTY(60) days prior to the Event, there will be a $25.00 per day late fee assessed to the total amount due for the Contract.*** Any returned checks will be assessed a $35.00 non-sufficient fund fee. We accept CASH/CERTIFIED BANK CHECKS ONLY FOR FINAL BALANCE PAYMENTS.
NO PERSONAL CHECKS ARE ACCEPTED AS FORM OF FINAL BALANCE PAYMENT. Please make BANK checks payable to: KRISTEN CONTE.
RESERVATION:
A signed Contract and BOOKING FEE/DEPOSIT are required to reserve the dates and times of the Event. If the Event is rescheduled, postponed or if there is a BREACH OF CONTRACT/CANCELLATION of the Event by the CLIENT/CLIENT(S), the BOOKING FEE/DEPOSIT is non-refundable and shall be considered liquidated damages to CONTE SOUND PRODUCTIONS. The CLIENT/CLIENT(S) shall also be responsible to pay the REMAINING BALANCE including any and all material charges incurred up to time of the BREACH OF CONTRACT/CANCELLATION of this Contract to CONTE SOUND PRODUCTIONS. See “Breach of Contract and Cancellation” clause below.
PRE-EVENT CONSULTATION:
CONTE SOUND PRODUCTIONS and the CLIENT/CLIENT(S) agree to a pre-event consultation three (3) to four (4) weeks before the Event, either over the telephone or by arranging a mutually agreeable date and time to meet, in order to finalize the actual shooting times, song selections, wedding announcements, locations, and CLIENT/CLIENT(S) request list (in writing) for specific photographs and any other special requests. In any case we will contact you by phone a few days before the wedding to ensure that there have been no last minute changes.
EVENT SCHEDULE:
The CLIENT/CLIENT(S) agrees to confirm the schedule NO LATER THAN one (1) week prior to the Event. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from CONTE SOUND PRODUCTIONS by the CLIENT/CLIENT(S).
COOPERATION:
CONTE SOUND PRODUCTIONS and the CLIENT/CLIENT(S) agree to cheerful cooperation and communication with each other to achieve the best possible result within the understanding of this Contract. CONTE SOUND PRODUCTIONS recommends that CLIENT/CLIENT(S) designate an "event guide" who will point out important individual(s) for informal or candid photographs to CONTE SOUND PRODUCTIONS during the wedding that they wish to have included. The CLIENT/CLIENT(S) also agrees to give CONTE SOUND PRODUCTIONS sufficient warning of key events at the wedding, for example bouquet throwing, cutting the cake, speeches, etc., to give CONTE SOUND PRODUCTIONS time to prepare. CONTE SOUND PRODUCTIONS will not be held accountable for not photographing desired individual(s) if there is no one to assist in identifying the individual(s) or gathering the individual(s) for photographs. CONTE SOUND PRODUCTIONS is not responsible if key individual(s) fail to appear or cooperate during photography sessions or for missed images due to details not revealed to CONTE SOUND PRODUCTIONS.
MEAL(S):
The CLIENT/CLIENT(S) agree to provide a meal(s) for ALL CONTE SOUND PRODUCTIONS STAFF inside the event venue and at close proximity to the CLIENT/CLIENT(S).
DJ & Assistant/Lighting Tech, Photographer & 2nd Photographer, Videographer(S) and Photo Booth attendant. All that are applicable.
EXPENSES:
The CLIENT is responsible for all travel & overnight hotel accommodations A fee of $300 will be assessed to final balance for all events outside of 2 hours travel distance from CONTE SOUND PRODUCTIONS studio location.
Hotel accommodations are required for all events outside of 2 hours from CONTE SOUND PRODUCTIONS studio location.. Please book hotel reservation no less than sixty (60) days in advance and send the necessary itinerary to contesound@gmail.com. This entire section is 100% non-negotiable.
Any travel over 3.5-4 Hours the travel fee is $500 plus what is also stated above.
SHOOTING TIME/ADDITIONAL TIME:
The CLIENT/CLIENT(S) and CONTE SOUND PRODUCTIONS agree that cooperation and punctuality are essential to accomplish the goals and wishes of both CLIENT/CLIENT(S) and CONTE SOUND PRODUCTIONS. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT/CLIENT(S) does not arrive at the appointed time for the Event, shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT/CLIENT(S). CLIENT/CLIENT(S) agree to pay the fee of $100.00 per half hour or $200.00 per hour for any additional time over the Contract time.
SCHEDULE:
CONTE SOUND PRODUCTIONS shooting schedule, style of working and experience are designed to achieve a great set of event photographs for the CLIENT/CLIENT(S), accomplished with good humor and enjoyed by all concerned. Both the CLIENT/CLIENT(S) and CONTE SOUND PRODUCTIONS therefore agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the event does not run on time, for example, extreme lateness by one of the CLIENT/CLIENT(S) arriving to the church/event, we cannot be held liable.
RESPONSIBILITIES:
CONTE SOUND PRODUCTIONS is not responsible for compromised coverage due to causes beyond the control of CONTE SOUND PRODUCTIONS including, but not limited to obtrusive guests, lateness of the CLIENT/CLIENT(S) or guests, weather conditions, schedule complications, incorrect addresses provided to CONTE SOUND PRODUCTIONS, rendering of decorations, or restrictions of the locations. CONTE SOUND PRODUCTIONS is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photograph coverage. CONTE SOUND PRODUCTIONS is not held liable for missed coverage of any part of the event unless specific photo/video is asked for beforehand. CONTE SOUND PRODUCTIONS will not be held accountable for failure to deliver images of any individuals or any objects at the Event if subjects are uncooperative.
VENUE AND LOCATION LIMITATIONS:
Please note that CONTE SOUND PRODUCTIONS may be limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. In such circumstances the CLIENT/CLIENT(S) agree to accept the technical limitations that may be imposed on the equipment used. CONTE SOUND PRODUCTIONS advises the CLIENT/CLIENT(S) to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned. CONTE SOUND PRODUCTIONS will offer technical recommendations only.
PERMITS:
The CLIENT/CLIENT(S) is responsible for acquiring all permits and necessary permission for all locations on which CONTE SOUND PRODUCTIONS will be performing services.
COMPLETION SCHEDULE:
All digital photographs and/or videography re-touching and enhancements will be done by CONTE SOUND PRODUCTIONS only. These enhancements are TIMELY, assuring your photographs and/or video will be at the highest level of quality. Express editing services are available for a fee of $450.00 for photography and $650.00 for videography with an express turnaround time of no longer than (2) weeks from express edit purchase date.
General turnaround time for final edit photograph gallery OR full videography edit to be available is no longer than ONE YEAR from the EVENT DATE FOR VIDEO EDITING TURNAROUND and no longer than SIX MONTHS from the EVENT DATE FOR PHOTO EDITING TURNAROUND. Upon execution of this Contract, the CLIENT/CLIENT(S) is fully aware of our editing turnaround times. We appreciate your patience to assure your final product will be something you will be extremely happy with!
FILM & COPYRIGHTS:
Until final payment for services rendered is made, the photographs and videography produced by CONTE SOUND PRODUCTIONS are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without CONTE SOUND PRODUCTIONS explicitly written permission.
Upon final payment by the CLIENT/CLIENT(S), LIMITED copyright ownership of the resulting images will be transferred to the CLIENT/CLIENT(S) under the following conditions: the digital negatives are the property of the CLIENT/CLIENT(S) for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives. The CLIENT/CLIENT(S) must obtain written permission from and compensate CONTE SOUND PRODUCTIONS prior to the CLIENT/CLIENT(S) or its friends and relatives publishing or selling the photographs for profit.
*FINAL EDIT OF ALL DIGITAL IMAGE AND VIDEOGRAPHY FILES ARE HELD FOR NO LONGER THAN (1) CALENDAR YEAR FROM THE EVENT. CONTE SOUND PRODUCTIONS WILL ATTEMPT TO CONTACT THE CLIENT/CLIENT(S) TO OBTAIN MATERIALS DURING THIS TIME. AFTER ONE (1) CALENDAR YEAR HAS PASSED MATERIALS WILL BE INADVERTENTLY DESTROYED. BY SIGNING THIS CONTRACT YOU ARE IN FULL AGREEMENT THAT MATERIALS ARE HELD FOR NO LONGER THAN ONE YEAR.* CLIENT ALSO HAS NO LONGER THAN THREE (3) MONTHS FROM THE EVENT DATE TO MAKE ANY MINOR OR MAJOR VIDEO EDITING CHANGES. YOU ARE ONLY ALLOWED ONE (1) ROUND OF CHANGES AND BY SIGNING THIS CONTRACT YOU ARE IN FULL AGREEMENT AND FULLY AWARE NO EDITING OR CHANGES CAN BE MADE AFTER THIS THREE (3) MONTH PERIOD.
PHOTOGRAPHY & VIDEOGRAPHY RELEASE:
The CLIENT/CLIENT(S) hereby grants to CONTE SOUND PRODUCTIONS and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photography and videography of the CLIENT/CLIENT(S) or in which the CLIENT/CLIENT(S) may be included, for editorial, trade, advertising, photographic competition, website and any other purpose and in any manner and medium, to alter the same without restriction, and to copyright the same. The CLIENT/CLIENT(S) hereby releases CONTE SOUND PRODUCTIONS and its legal representatives and assigns from all claims and liability relating to said photographs and videography.
The CLIENT/CLIENT(S) is allowed one (1) revision on any VIDEOGRAPHY service rendered by us, minor or major. There will be a $35.00 fee for any other revision after final revision has been completed. Online viewing and ordering galleries will remain open for sixty (60) days from the date of the EVENT GALLERY UPLOAD.
The CLIENT/CLIENT(S) has no longer than three (3) calendar months after the final edit gallery is active to create and purchase album(s) using ANY CREDIT that has been granted. After the three (3) month period has expired, the CLIENT/CLIENT(S) forfeits the credit and it becomes null and void.
Upon execution of this Contract, the CLIENT/CLIENT(S) is fully aware of our ALBUM CREDIT allowance times.
BREACH OF CONTRACT/CANCELLATION & FORCE MAJEURE:
In the event of a BREACH OF CONTRACT/CANCELLATION OF this Contract by the CLIENT/CLIENT(S) on or six (6) months prior to the event there is a $750.00 cancellation fee which is considered LIQUIDATED DAMAGES to CONTE SOUND PRODUCTIONS and its employees. This fee is NON NEGOTIABLE and must be paid with ten (10) days of event cancellation.
IN THE EVENT OF A RANDOM ACT OF GOD, ENVIRONMENTAL DISTRESS OR A GLOBAL PANDEMIC, CONTAGION/VIRUS SHUTDOWN AND IN the UNLIKELY event that State or Federal mandates PROHIBIT the occurrence of your event, CONTE SOUND PRODUCTIONS will release you from the within Agreement less the paid NON-REFUNDABLE/BOOKING FEE/RETAINER. In the event client needs to reschedule/postpone the event, client may do so within the same CALENDAR year in order to keep the same pricing/policies. In the event the client chooses a date outside of the calendar year, a new contract will be signed with the most current pricing and policies and a new NON-REFUNDABLE BOOKNG FEE/RETAINER will be required. CONTE SOUND PRODUCTIONS clients may reschedule their event only one time. In the event client desires to reschedule more than once, THERE WILL BE A NEW NON-REFUNDABLE/BOOKING FEE/RETAINER REQUIRED EACH TIME.
ALL MONIES ALREADY RECEIVED SHALL BE CONSIDERED LIQUIDATED DAMAGES TO CONTE SOUND PRODUCTIONS AND ARE ALSO NON REFUNDABLE. BY SIGNING THIS CONTRACT YOU ARE AGREEING TO CLAUSE IN THIS ENTIRETY.
CONTE SOUND PRODUCTIONS shall NOT be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities.
The Impacted Party shall give Notice within [number] days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of [number] days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.
LIMIT OF LIABILITY:
In the unlikely event that CONTE SOUND PRODUCTIONS and its persons are injured or become too ill to work the contracted Event, CONTE SOUND PRODUCTIONS will make every effort to secure a replacement entertainer/photographer or videographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of ALL PAYMENTS received for the Contract.
CONTE SOUND PRODUCTIONS takes the utmost care with respect to exposure, transportation and processing of photographs. However, in the unlikely event those photographs have been lost, stolen or destroyed for reasons within or beyond CONTE SOUND PRODUCTIONS control, CONTE SOUND PRODUCTIONS liability is limited to the return of all payments received PER Contract. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. No legal action CAN OR WILL be taken in this event against CONTE SOUND PRODUCTIONS OR ITS OWNERS/PERSONS either business or personal. BY SIGNING THIS CONTRACT YOU ARE IN FULL AGREEMENT THAT AN AMICABLE RESOLUTION WILL BE REACHED WITHOUT LEGAL RAMIFICATIONS.
LEGAL NOTES:
Incase of a Breach of Contract by the CLIENT/CLIENT(S), the CLIENT/CLIENT(S) agrees to pay the amount stated in the section entitled “Breach of Contract” above as mitigated damages, plus reasonable attorneys’ fees, court costs and interest. The CLIENT/CLIENT(S) agrees to be responsible for harm, loss, or damage of any kind to CONTE SOUND PRODUCTIONS or its person's or property while on site at the location of the Event defined above. The CLIENT/CLIENT(S) and CONTE SOUND PRODUCTIONS agree to be personally, jointly and severally liable for the terms of this Contract. If attachments are included to this Contract, then each attachment must be initialed by both the CLIENT/CLIENT(S) and CONTE SOUND PRODUCTIONS and the documents must be signed by THE CLIENT/CLIENT(S) and CONTE SOUND PRODUCTIONS exactly as they have signed this Contract below. It is understood that CONTE SOUND PRODUCTIONS, collectively, is a subcontractor and the CLIENT/CLIENT(S) will not be responsible for any employee benefits on behalf of CONTE SOUND PRODUCTIONS (i.e., insurance benefits, workers compensation, unemployment and federal payroll taxes, etc.).
A MESSAGE FROM TOM & KRISTEN:
To all of our amazing event couples, after all the signatures and legal matters are discussed, we want you to be happy & full of excitement. We were once planning a wedding ourselves and know how stressful and confusing it can be. We are here to help! Anytime! Ask us any question you have regarding your event, even if it has nothing to do with our services. We would be more than happy to help you along the way with suggestions and opinions on things we've worked with or have seen at other events and throughout our 20 years of experience. We understand stressful things can happen. Unexpected financial situations, family and life in general... so please don't ever hesitate to reach out to us anytime and we will do all we can to work with you regarding your event etc... Thank you for allowing us to be a part of your day! We are so excited to work with you!
IN WITNESS WHEREOF, the CLIENT/CLIENT(S) and CONTE SOUND PRODUCTIONS have executed this Contract as an instrument under seal as of the date written below.
I, as the CLIENT/CLIENT(S), agree to the terms and conditions of this Contract. I agree that the REMAINING BALANCE of this Contract is due in full and shall be paid within SIXTY (60) days of the Event via CASH, CERTIFIED BANK CHECK OR CREDIT/DEBIT CARD. NO PERSONAL CHECKS ARE ACCEPTED FOR FINAL BALANCE PAYMENTS.
I, as the CLIENT/CLIENT(S), agree and am FULLY aware that CONTE SOUND PRODUCTIONS is in no way responsible for harm, loss or damage to any person or property on the Event site as defined above at anytime. CONTE SOUND PRODUCTIONS also reserves the right to cancel this Contract and Event date at anytime if the situation is deemed to be harmful, neglectful or delinquent.
I, as the CLIENT/CLIENT(S), agree and am aware that in the event of a BREACH OF CONTRACT/CANCELLATION of this Contract or six (6) months prior to the event there is a $750.00 cancellation fee which is considered LIQUIDATED DAMAGES to CONTE SOUND PRODUCTIONS and its employees. This fee is NON NEGOTIABLE and must be paid with ten (10) days of event cancellation. ALL MONIES ALREADY RECEIVED SHALL BE CONSIDERED LIQUIDATED DAMAGES TO CONTE SOUND PRODUCTIONS AND ARE ALSO NON REFUNDABLE.
I, as the CLIENT/CLIENT(S), have READ AND FULLY UNDERSTAND the terms above and hereby agree to the terms of this Contract in it’s entirety.