Terms & Conditions
CHANGE OF DATE OR VENUE
Yin & Yang Studios must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be in writing. 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, the Client must notify Yin & Yang Studios. Rescheduling is subject to the availability of the team on that date.
A non-refundable retainer fee is required to hold the date of your wedding. No date is reserved until a retainer is received. The balance of the complete package price must be paid on the date of the first event. If final payment is not received as set forth herein, Yin & Yang Studios reserves the right to withhold deliverables until payment is received. Upon payment of retainer fee, Yin & Yang Studios agrees to reserve the date and time specified. The retainer fee is applied towards the final contracted wedding package and is not in addition to the package chosen. Once the proposal is shared with client the retainer must be provided within 2 days, if the retainer is not received within 2 days of sharing the proposal, the contract is null and will be cancelled and your date released for other couples to book.
There shall be no refund of retainer fee due to the reservation of the photography date. Once a balance is paid, it is NON-REFUNDABLE. Any other arrangements shall be discussed between the Client and Yin & Yang Studios. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform Yin & Yang Studios of the cancellation. The retainer fee will be transferable up to 365 days after cancellation. The client agrees to not expect a new date to automatically be available. The client will be given the chance to reschedule but cannot be pushed ahead of other reserved clients.
Please be reminded that once a date is reserved all other inquiries and bookings are turned away so any potential monies and/or clients are forfeited. We understand that things are unpredictable with COVID and the team at Yin & Yang studios is willing to cooperate with rescheduling.
It is the clients’ responsibility to schedule and receive permission to use various locations for photography, including the wedding and reception locations and any other locations used during the day. Should a location require a payment, this payment will be paid by the clients.
Deliverables will be made available within 8-10 weeks after the wedding. Your images & videos will be delivered via an online sharing service and gallery.
Just as filming style is at the discretion of the cinematographer, editing style is at the discretion of the editor. It is the clients' responsibility to share any specific music choices for the video deliverables at least 14 days prior to the event start date. If preferred song/s are not provided, Yin & Yang Studios' team will be choosing appropriate music & capture the footage accordingly.
Please be reminded that changing choice of music after the event date will require restarting the editing work from the scratch and hence, if a song change is requested more than one week after the date of the event and/or initial delivery, Yin & Yang Studios will charge the client for each additional hour of re-editing time.
Requests will always be considered but can not be guaranteed due to licensing and style restrictions. Editing errors are corrected at no charge (i.e spelling, technical errors).
Allow an additional 4-6 weeks per project for revisions. Yin & Yang Studios reserves the exclusive right to edit all videos. Teasers or videos for social media may not be revised, other than error, and are edited at the sole discretion of the Company.
Any final editing decisions are of the sole discretion of Yin & Yang Studios.
All content (photos & videos) created by Yin & Yang Studios are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Yin & Yang Studios to be duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Yin & Yang Studios's express written permission. The client may print (on their own) their personal wedding photographs once in possession of the digital images. The RAW digital files remain sole property of Yin & Yang Studios and will never be given or sold.
Yin & Yang Studios agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images:
i) Display the images;
ii) Print the images;
iii) Upload, email, or electronically transfer the images or files; and,
iv) Publish the images on personal websites or social media websites
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY YIN & YANG STUDIOS
MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY AND/OR MANIPULATING ELECTRONIC FILES
The wedding couple agrees to reimburse Yin & Yang Studios for all reasonable expenses relating directly to the wedding event itself. For example, parking fees, destination travel fees, hotel fees accommodations, etc. Yin & Yang Studios will bill the Client after the event. Both parties agree to discuss this thoroughly to avoid any surprises as to what will constitute an expense and Yin & Yang Studios agrees to supply expense receipts if so requested. Weddings outside of a 50 mile radius of San Jose, CA will require an upfront payment for travel unless discussed prior. Yin & Yang Studios will do its best to talk about such expenses prior to the wedding so that there are no surprises. Any location that requires more than a 90 minute travel time will also be subject to hotel accommodations for either 1 or 2 nights depending on starting and ending time of the wedding, unless discussed prior.
Yin & Yang Studios charges for each overtime hour (charged for each hour of photography & videography separately). All overtime will be booked to client after the event and no images will be delivered until it is paid.
The pricing booked is locked in for your wedding date. The only exception to this is if more hours are added after the contract is booked and the retainer paid. All added hours are subject to the current rate or overtime charges and is charged at the discretion of the photographer.
EVENT FOOD SERVICE
Client does agree to provide a meal for Yin & Yang Studios' team. Yin & Yang Studios is responsible to inform the clients of any second shooters or assistants prior to the date of the wedding so extra meals can be set aside. If a meal is not provided Yin & Yang Studios reserves the right to leave for one hour to travel to get a meal.
Yin & Yang Studios cannot be held responsible for damage to garments during environmental events. Client is responsible to arrange personal assistance for wedding garments. Yin & Yang Studios will not put any parties in a situation (unless requested by bride or groom) that will cause harm or damage to special garments.
Images may be edited at the photographer’s discretion, and delivered images may not include all images shot. The photographer reserves the creative right to edit and release only those deemed professional in quality and within the photographer’s artistic standards. By hiring Yin & Yang Studios' services, the client is aware of the style of photography that Yin & Yang Studios produces.
PURCHASE OF PRINTS
Yin & Yang Studios does not guarantee the quality of any prints, albums, or other photo product not purchased through Yin & Yang Studios. If the client desires professional-quality prints, they may be purchased through Yin & Yang Studios. Suggestions for quality labs will be provided with digital files along with instructions on how to get the best out of your digital files.
Our photography is about celebrating love and authenticity. We promote self-love and body positivity, so we don’t alter the way you look other than temporary blemishes like bruises and acne on a selected few pictures (upon request). We won’t photoshop to alter what is real and true for you. If you are especially self-conscious about something, please let us know, and we will be sure to be mindful of your concern when photographing you. Basic retouching will be added to all images.
In the event of illness or sudden event out of the control of both parties, Yin & Yang Studios will attempt to substitute a photographer at no cost to client. This contract will be transferable to the said photographer. This photographer will shoot the event and Yin & Yang Studios will still make every attempt to edit the selected files for clients.
STORAGE OF IMAGES
Yin & Yang Studios recommends you back up your images on another media format after receiving digital files. Yin & Yang Studios also recommends making multiple copies of images every year to insure the images for years to come. Yin & Yang Studios cannot be held responsible for the failure of digital backups, usb's, dvds, ect. due to mishandling. It is the client’s responsibility to keep several copies of any digital or hard copies of the images in more than one location, and back the images up on another format such as a hard drive. This is the same for the use of the file sharing site the images are delivered on. Once the images are in the hands of the client, it is the client’s responsibility to download and save the images. Backing up your images is very important.
FAILURE TO PERFORM
Due to the limited and subjective nature of weddings Yin & Yang Studios cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the venue or location restrictions. Yin & Yang studios is not responsible for the 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. It is acknowledged that any lists submitted to Yin & Yang Studios will be used for organizational purposes only and in no way represents photography that will actually be produced although every effort will be made to follow it. Yin & Yang Studios will do its best to fulfill all requests but can make no guarantees all images will be delivered.
UNFORESEEN CIRCUMSTANCES CLAUSE
If Yin & Yang Studios, cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, or due to the photographers illness, then Yin & Yang Studios shall return any moneys paid by the client, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, storage card malfunction, lost in the mail, or otherwise lost or damaged without the fault on the part of Yin & Yang Studios.
Yin & Yang Studios is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for themselves, any children and will release photographer from any claims against their person or their business.
Yin & Yang Studios does maintain proper liability insurance and a copy of policy can be made available to client/venue if desired.
It is highly recommended but NOT required for the client to schedule a pre-event consultation before the event-date to finalize the actual shooting times and location. Yin & Yang Studios can successfully communicate all event details via email or phone. In person can be scheduled as well if desired!
If a second shooter is selected for the event and added to the contract please be advised that they will be there for the hours chosen by the photographer. Second shooters may not be there for the entire day depending on the needs of the photographer that day. Clients must give discretion to Yin & Yang Studios on this matter.
WEDDING COORDINATOR/EVENT GUIDE
If the ceremony or reception provides a "COORDINATOR/ EVENT GUIDE", the client is responsible for communicating all day of information. Including, but not limited to: timeline, itinerary, schedules, etc.; with Yin & Yang Studios prior to the wedding day. The client will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired at the wedding and reception. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s). The client is also responsible for identifying any individuals that do not desire to be photographed. This list will need to be made before the day of the ceremony
Yin & Yang Studios and its associates shall be the exclusive photographer(s) retained by the client for the purpose of photographing the wedding. Family and friends of the clients and other wedding vendors shall not interfere with the photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of wedding services to ensure proper exposure of images. Additional professional photographers may be employed only with prior written permission from Yin & Yang Studios. Guest photographers may not be active during the ceremony and will not be allowed to photograph during family and individual portraits. Yin & Yang Studios spends special time planning and posing your photographs and asks that guest not intervene.
THE UNDERSIGNED HEREBY ACKNOWLEDGE THAT THEY HAVE RECEIVED, READ, AND UNDERSTAND THIS AGREEMENT’S CONTENTS.
Permission is hereby granted to Yin & Yang Studios to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The laws of California shall govern this agreement. If you would like to request exceptions to this release please contact us.
All parties understand and agree to all that is above. Client(s) agree(s) to only hire Yin & Yang Studios' services if they have read and agreed to the terms of service in this contract and they believe all information is deemed correct to the best of their knowledge.
ACCEPTANCE OF TERMS
By hiring Yin & Yang Studios' Services, you accept and agree to be bound by the terms and provision of the Terms of Service.