The booking fee is due on signing this agreement (Booking Fee is 20% of the amount agreed with a maximum of $500), with the balance of the amount agreed due 7 days before the day of the wedding.
Entire Agreement: This agreement contains the entire understanding between the Clients and the Photographer.
Confirmation: A signed “Contract for Wedding Photography Services” and payment of the booking fee are necessary to confirm the stated wedding services from the Photographer.
Booking Retainer: In the event of the Clients cancelling the wedding for whatever reason the booking retainer is non-refundable. It will be considered as liquidated damages to the Photographers.
Date Changes: In the event of a date change, the Photographer will make every effort to accommodate the new date. In the event the Photographer has prior engagements, the Photographer will not be held responsible for fulfilling the obligations stated herein.
Hours of coverage are consecutive and include travel time. The Clients agree to provide a meal for the Photographer if the length of attendance exceeds five hours.
Pre-Wedding Consultation: This normally happens at the time of booking. The Clients will outline broadly what is required and the Photographer will advise on planning, logistics and timings where needed. The Photographer kindly asks that the Client get in touch with the Photographer two weeks prior to the date of the event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times.
Failure to Perform: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer 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 church or location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes. The Photographer is not responsible for the lack of coverage due to 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 the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. The Photographer will make every effort to fulfill requests on a requested photo list, but the Photographer shall not be made liable for photographs that are not taken.
Clients are responsible for all location fees and permits.
The Schedule: Shooting schedule, style of working and experience are designed to achieve a great set of wedding photos for the Clients, accomplished with good humor and enjoyed by all concerned. Both the Clients and the Photographers therefore agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the wedding does not run on time (for example, extreme lateness by one of the Clients arriving to the church) we cannot guarantee to take our normal set of photos although in such circumstances we will do our absolute best to compensate. The Photographer shall not be made responsible for loss of images due to inclement weather.
Travel Fee: A travel fee applies to events that are beyond a 30 mile radius of Gloucester, MA (01930). The travel fee is in place to cover the Photographer’s time, gas, and wear and tear on the car. Travel fee will be calculated as follows: $100 + .56*each mile beyond 30 mile radius.
Exclusive Photographer: The Client agrees that the Photographer will be the sole photographer for the event. All your guests will have digital cameras and all your guests will want to photograph the Clients. In the spirit of cheerful cooperation the Clients agree to give the Photographers precedence over the guests in order to take the photographs required for the wedding services described above. We cannot be held liable for a lack of wedding photos if guests taking their own photos of the Clients continually interrupt the Photographer's work.
Expenses: Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
House Rules: Note the Photographers are sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example some ministers insist that no flash photography is allowed, and others will insist that the Photographers shoot from a specific location. In such circumstances the Clients agree to accept the technical limitations that may be imposed on the equipment used. We advise the Clients to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.
Delivery of Images: The image gallery will be delivered no later than 12 weeks after the wedding date. The Photographer will use artistic license to select images that meet their standards. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards. Selected images will be edited for color correction, cropping, and minor aesthetic details. All digital images will be delivered in .jpg format.
Additional Image Editing: The Photographer will use artistic license in a style consistent with their published work to edit photographs. Editing surcharges apply for additional editing at a rate of $50/hr.
Additional Products Ordered: In the event the Clients receive additional print products (albums, wall art) with their package, the Photographer will submit a draft to the Clients for final approval. No products will be ordered without the Clients approval unless the draft is outstanding for at least 6 months. If the draft is outstanding for longer than 6 months, the Photographer reserves the right to place the order and conclude the transaction between the Clients and the Photographer.
Copyright Law: The copyright of photographs remains with the Photographer. The Photographer grants the Clients permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Clients and their friends and relatives. Print release is given with packages containing full-size digital files. Sale or Commercial use of the photographs is not allowed without prior written permission from the Photographer. Photographs taken during assigned contracted time may be submitted for editorial use with permission when accompanied with my business name and contact information.
Social Media: The Photographer does not grant the Client the right to make any aesthetic changes (“filters”) to the digital image prior to posting on social media.
Model Release: The Clients grant the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.
Limit of Liability: If a photographer is too ill or becomes injured and cannot supply the wedding services specified above the Photographer will try to book a replacement wedding photographer. If a replacement photographer cannot be found then liability is limited to a refund of any payments received. The Photographers have working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. In these circumstances liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.
Archive: The Photographer will make every effort to retain the Clients’ image files for one year. However, after the final product has been delivered, the Photographer will not be made responsible for lost files due to fire, hard drive failure, or otherwise.
Force Majeure: If the Photographer or its assigns 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, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, 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, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. 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.
Returned Checks: Returned checks are subject to a $50 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.
Refunds: In the event that a refund is in order, the refund shall be given to the Client who submitted the initial payment.
Amendments: Neither parties in the agreement (Photographer or Clients) may be able to add, remove, or revise the contract without both parties agreeing and signing the new agreement.