A. The Client
{CLIENT INFORMATION}
B. The Event
Date:
Ceremony Location:
Reception Location:
C. Services and Products
{PACKAGE DETAILS}
Total Price:
D. Terms and Conditions
This photography contract is between [PHOTOGRAPHER] (hereinafter “Photographer” or “Photographers”) and Client as outlined in Section A, above (hereinafter referred to as “Client”) relating to their wedding that will take place on {WEDDING DATE}.
1. Exclusive PhotographerPhotographer shall be the exclusive photographer retained by Client for the purpose of photographing the wedding day. Family and friends will be permitted to photograph at the wedding as long as they do not interfere with the duties of Photographer, and additionally, will be asked not to take pictures while Photographers are posing the couple, bridal party, or families. This is to avoid any distraction of the couple or bridal party during the photographic sessions.
It is understood that Photographer is the exclusive official photographer retained to perform the photographic services outlined in this contract.
2. Retainer and Payment
When purchasing traditional packages, Client shall pay a retainer equal to $500.00 to secure the services and products specified herein. Upon signing this contract the amount of the retainer shall be applied to reduce the total balance of the package. The final balance must be paid in full thirty (30) days prior to the event. When paying the balance in full, the $500.00 retainer is included in the full payment.
**When purchasing a promotional package or taking advantage of the Pay-in-Full Discount, Client shall pay the full amount due at the time of booking and signing the contract. Promotional packages aren’t officially booked until the balance is paid in full.
3. Event Changes.
Should the wedding be postponed for any reason, Clients understand that Photographer may not be available for the new date. Should Client postpone the wedding to a date for which the Photographer is not available, the assignment shall be considered cancelled, and the cancellation agreement (Section 4) shall apply. Photographer shall be notified of any postponement or likelihood of postponement as soon as possible, and will make every reasonable effort to be available for the new date. In the event the assignment is postponed, all services transfer to the new date.
4. Cancellation.
The $500.00 retainer fee is non-refundable, regardless of circumstance. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, or the fault of a third party. Photographer must be notified of cancellation no less than 30 days before the originally scheduled day of the wedding. If cancellation occurs within 120 days of the originally scheduled wedding day, no refund is issued and all monies paid is forfeit.
*If the wedding date is postponed within 120 days of the original date and then cancelled at any point there after, no refund will be issued and all monies paid will be forfeit.
4. Copyright and Reproductions
Photographer shall own the copyright for all images created at the event and shall have exclusive right to make reproductions. Photographer shall only make reproductions for Client or for Photographer’s portfolio, studio samples, self promotions, entry in photographic contests or exhibitions, instructional purposes, editorial use, or within or on the outside of Photographer’s studio. Any such use will be judicious and consistent with the highest standards of taste and judgment. If Photographer desires to use images for uses other than those specified above, Photographer shall not do so without first obtaining written permission from Client.
It is a violation of federal copyright law to allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without the permission of Photographer. Client agrees to purchase prints and products directly from Photographer unless in possession of high resolution digital files. Further, Client agrees not to make copies for sale or for the purpose of circumventing sale of the images by Photographer. Client agrees not to scan, copy or reproduce images in any manner, for any reason, without a written release from Photographer.
5. Client Usage
Client is obtaining photographs for personal use only and shall not sell prints or authorize any reproductions by parties other than Photographer. If Client is obtaining a print for a newspaper announcement of the wedding or similar use, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall request that the newspaper run a credit to Photographer with the image, but shall have no liability if the newspaper refuses or omits to do so. Usage of images that Client receives on USB Flash Media is outlined in Section 6, below.
6. Release of Digital Negatives
Photographer will release the high resolution files (digital negatives) from the Wedding and other pre-wedding events (ie Rehearsal Dinner Coverage, Engagement Session) to Client.
These files will be delivered via Direct Digital Download for Engagement Sessions and on USB Flash Media and Direct Digital Download for the Wedding. By releasing the digital negatives, Photographer authorizes the Client to use the images contained on the USB Flash Media for their own personal use, including printing of the images at a lab of Client’s choosing. The digital negatives will be of the same quality as the images that are presented to the client online through the private online gallery. Photographers are not responsible for the quality of enlargements from these files that have been taken to a non-professional and/or consumer photo lab. The images may not be sold or published without the written consent of Photographer. Photographer will retain the copyright of the images contained on the Media as well as the exclusive rights detailed in Section 4 “Copyright and Reproductions.”
Requests for additional and/or replacement copies of these files may be purchased for $150 per set.
7. Photographer Substitution
In the extremely unlikely event of severe personal illness or other extreme acts of nature beyond the control of Photographer which precludes Photographer from performing the duties of coverage, Photographer will attempt to arrange for a substitute photographer of high qualification. Client and Photographer both assume the risks and dangers of Photographer’s travel and if the extremely unlikely event that a last-minute act of nature or travel disaster occurs while Photographer is en route to the event, Photographer will refund the client all monies paid, including the retainer.
8. Inherent Qualities
While Photographer adheres to the highest standards possible with respect to photographic materials, Client is aware that color dyes in printed photographic materials may fade or discolor over time due to the inherent qualities of the dyes and chemicals. Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. If changes occur to any photographic materials, which are greater than normal fading and discoloration, the materials will be replaced at the discretion of Photographer.
9. Standard Price List
The charges in this contract are based on Photographer’s standard price list. This price list is adjusted periodically and any future orders or additions to this contract shall be charged at the prices in effect at the time when the order is placed or change requested.
10. Final Prints
Final Prints are individually edited for color correction, contrast adjustments, tonal adjustments, color enhancements, and conversion to black and white (if applicable). These images are used for online proofing, digital negatives, proof books, and albums. Additional modifications and enhancements are billed at the photographer’s current retouching rates.
11. Officiant and Venue Restrictions
Photographer may be necessarily limited by the guidelines or rules of the ceremony official, ceremony venue, or reception venue. Client understands and agrees that Photographer will abide by such guidelines or rules and that they are outside the control of Photographer. Client agrees to hold Photographer harmless for the impact such guidelines or rules may have on the resulting photographs.
12. Requested Photographs
While Photographer will make every reasonable effort to take specifically requested photos, Client understands that a wedding is an uncontrolled event and that due to the varieties of the weather, available light, and willingness or availability of subjects, Photographer cannot guarantee that any particular requested photo will be taken.
13. Artistic License
Photographer shall be granted full artistic license in relation to the poses photographed and the locations used. Photographer will not be held responsible for the lack of coverage caused for the following reasons: The bride, groom, family or wedding party not being on time, members of the wedding party or family are unavailable when called on for a posed photograph, the wedding running late or if restrictions regarding photography at the desired location of the wedding are in force.
14. Event Food Service
A meal must be provided by Client for Photographer and their team for events 5 hours or longer. If Client provides no meal, it is understood that Photographer will leave the event to purchase a meal. Photographer additionally requests to be seated in the same room as the guests and, if possible, at a table where frequent standing up, moving around, and sitting down in order to capture moments as they occur will not be a distraction.
15. Insurance
Photographer maintains business liability insurance with The Philadelphia Insurance Companies to protect Client from claims by the property owner for accidental damage Photographer and staff may cause. Certification of insurance is available upon request. Specific requirements by the venue to list the venue as additional insured on Photographer’s insurance policy must be requested at least 30 days prior to the event.
16. Additions and Subtractions
Photographer and Client agree that Client shall have the option of making additions or subtractions to the list of ordered products and services, listed in Paragraph C, which may change the total balance. Photographer and Client agree that any additions or subtractions to the product list shall be made prior to the wedding date, listed in Paragraph B.
Further, the stated price for the products added or subtracted shall be the actual amount added or subtracted, and no penalty shall be charged in the event additions or subtractions are made, unless both parties agree to such extra charges or if Photographer can demonstrate that it will be materially affected or prejudiced by the proposed addition or subtraction of products.
17. Miscellaneous
This contract incorporates the entire understanding of both parties. Any modifications to this contract must be in writing and signed by both parties. This contract shall be governed by the laws of the state in which Photographer conducts business.